Transcript Fair use vs. creative commons

What an educator needs to know about Copyrights in
Education
What is a copyright?

The exclusive legal
right, given to an
originator or an
assignee to print,
publish, perform,
film, or record
literary, artistic, or
musical material,
and to authorize
others to do the
same.
Translation:


Anything that is
created and tangible
(not an idea) is owned
by someone
Example: The instant
the shutter clicks on a
camera, the
photograph is
copyright material of
the photographer,
unless… there is no
film or memory card.
Infringement

Copyright infringement occurs when a copyrighted
work is reproduced, distributed, performed, publicly
displayed, or made into a derivative work without
the permission of the copyright owner.
How can educators avoid
infringement?
By utilizing and understanding our two best friends in the copyright battle…
FAIR USE
CREATIVE COMMONS
Roles of Fair Use and CC
 Section of the U.S.
copyright law that
states what copyright
uses may be
acceptable for certain
purposes
 Education, News and
Reporting, Criticism
and Comment
 Non-profit
organization that
enables the sharing
and use of copyright
material through free
legal tools
 Attempts to clear up
some of the grey area
of copyright/fair use
law
Fair Use in Education

How Fair Use helps:
 More freedom in research,
teaching and scholarship
 Gives flexibility to students
in creation
 Fosters creativity by
allowing teachers and
students to pull from culture
and add back

How Fair Use does not
help:
 Fair Use is not a universal
solvent that covers all use
of materials in the
classroom
 If the use is in an identical
fashion to the original, for
the same audience, or for
commercial purposes
(exceptions apply).
PSU Policy
http://www.pittstate.edu/office/president/policies/campus-policy-onduplicating-copyrighted-written-works.dot - Written Works Policy
 http://www.pittstate.edu/office/information-services/policies/?id=108653 Online Policy
 http://www.pittstate.edu/dotAsset/22ca62bc-7844-4a17-a16bcb4650a6cef8.pdf - Acceptable Use Policy

 You may make a SINGLE copy of these items in
preparation of a class or for research:
○
○
○
○
A chapter from a book
An article from a periodical or newspaper
Short Story, Essay or poem
Chart, graph, diagram, drawing,or picture from a book
PSU Policy
 You may make MULITPLE copies for classroom use
if you meet the following tests
○ Brevity Test
 Certain amount of words or illustrations are used
○ Spontaneity test
 Decision to use the protected work is too soon to get
permission
○ Cumulative Test
 Only used for one course, only one protected work, etc.
○ Explained in more detail in the policy online
Problems with Copyright

Difficult to get licensing
 You want to use more than a “Fair Use” amount,
but you cannot get licensing from the owner.

To share or not to share?
 Inherently, creations have “All Rights Reserved”.
Other users have to get your permission, or may
simply not try if the process is too difficult

Too many gray areas
 Certain uses may be okay with the creator, while
others are not – but how do we tell?
How can Creative Commons help?
http://creativecommons.org/about
 Creative Commons allows creators to decide
what level of sharing they are comfortable with

 “Middleman” between Copyright Law and Common
Sense
 Example: You create a documentary film to expose
pollution in a local lake. You want others to add to
your findings, so you would like for them to use your
film if needed.
○ Depending on the use, Copyright Law and Fair Use
may prohibit this, but using Creative Commons, it can
be allowed
Creative Commons Licenses

http://creativecommons.org/licenses/

Clearly defines limitations and uses

Encourage students to apply Creative
Commons licenses to their work
 Add to culture and knowledge base
Resources

Books
 Wilson, Lee. Fair Use, Free Use and Use by
Permission: How to Handle Copyrights in All
Media, New York, Allworth Press, 2005, Print
 Aufderheide, Patricia, and Peter Jaszi,
Reclaiming Fair Use: How to Put Balance Back
in Copyright, Chicago, University of Chicago
Press, 2011, Print
Resources

Online
 A summary of cases involving Fair Use:
www.fairuse.stanford.edu/overview/fairuse/cases/
 General Copyright Information:
www.copyright.gov
 Creative Commons: www.creativecommons.org
 The Code of Best Practices in Fair Use for
Media Literacy Education:
http://www.cmsimpact.org/fair-use/bestpractices/code-best-practices-fair-use-medialiteracy-education
Resources

Online cont.
 A summary of the Publishers vs. Georgia State
University
casehttp://copyright.syr.edu/publishers-vgeorgia-state/
Summary

Fair use
 Powerful protector of Academic Freedom
 Not a universal solvent for all uses

Creative Commons
 Clears up confusion about what uses are
permissible
 Licenses can be complicated
 If in doubt, consult the PSU official Copyright
policy