Transcript Slide 1
Copyright Basics What I learned? Let’s have a “Come-to-Jesus” Mtg? We as teachers spend countless hours, days, weeks searching and preparing material for our students and educational peers. But are we doing it within the right frame and legal mind??? I thought so… We never know if we are. And we never want it to be intentional. So, how do we protect ourselves, our students, and our institutions… What is Copyright? creative artist's control of original work You know….. the legal right of some creative artist(s) or publisher(s) to control the use and reproduction of their own original works. What does that have to do with me? Everything!!! Start at the basics… Copyright holders have the right to distribute, copy & display their work. They have even more rights to make their original work exclusive or create a derivative… Twilight books into movies… Harry Potter into movies… You need permission to share: Internet posts Electronic articles & journals Scholarship and research Class handouts Websites Email messages But let’s check Section 110 of the U.S. Copyright Law – Notwithstanding the provisions of section 106, the following are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; And then there is Section 107… fair use One of the more important limitations is the doctrine of “ .” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. (Drew, 2002) “But it’s for Education!?!?” Even though used for educational propose no item or work is automatically counted as “FAIR USE”. Fair use permits limited use of copyrighted material without acquiring permission from those who hold the rights. provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test (Templeton, 2008). Examples of fair use include : commentary, criticism, news reporting, research, teaching, library archiving and scholarship. According the US Copyright Law: You must consider 4 things when wanting to use a work under “Fair Use”: The purpose & character of the use The nature of the copyrighted work The amount and substantiality of the work The effect on the market (potential market) You have to weigh all four factors together (Drew, 2002). Think of Fair Use like this: You don’t want to use someone's work to the point where it has the potential to divert income or take the heart of the work from the creator. Intellectual Property Intellectual Property is an idea or innovation that is created or discovered by a person (Drew, 2002). Intellectual property is something that cost someone some effort to bring into existence, and it often isn't something (2002). These include things that are written, designed, invented, sung, spoken, drawn, and sculptured. These "works" are at times grouped by categories, such as: literary, dramatic, musical, artistic, film, sound recording, broadcast, and published editions. Computer programs and software qualify as "literary works" too. Internet material Like: Email Bulletin boards Gopher files Web pages Different forms of protection for intellectual property include trade secrets, patents, trademarks and copyright laws. Each of these laws covers a specific type of intellectual property. These things are just as protected by copyright as printed books. Educators (Side chat…) Buying something does not give you the right to reproduce the material Read the copyright notes on multimedia, printed, and non-printed works. Monkey see … Monkey do. When you create the Copyright Behavior, your students will follow. Ask your School Librarian or your principal for a copy of your campus copyright policies. YAY!!! Wait, there is more! Attribution neither Public Domain are substitutes for permission. Attribution: Just citing someone as the source Public Domain: finding work in a public book or internet Copyright material is protected for 70 years. There are certain circumstances that will extend the patent to 95 years or 120 years from creation. But not everything is protected with copyright. Such as: Ideas Facts Data (Copyright Clearance Center, 2012) What about Multimedia? For Educational Purposes: Educational institutions are defined as nonprofit organizations whose primary focus is supporting research and instructional activities of educators and students for noncommercial purposes. Educational multimedia projects created under these guidelines incorporate students' or educators' original material, such as course notes or commentary, together with various copyrighted media formats including but not limited to, motion media, music, text material, graphics, illustrations, photographs and digital software which are combined into an integrated presentation. (ADEC Distance Education Consortium, 2002) Who can do What? Students may… Incorporate portions of copyrighted materials when creating a project for a specific course. Perform and display their projects and use them in their portfolio, for job interviews, or as a supplement to graduate school applications. Faculty may… Include segments of copyrighted works when creating their own multimedia projects in support of instructional activities at school. Faculty may use those projects for: assignments for student self-study remote instruction if the network is able to prevent unlawful copying for conferences, presentations, or workshops for their professional and/or continuing education portfolio What about Films or Music? Educators can use films and/or videotape in the classroom but: You can only use 1 (single) copy Can’t make multiple copes for your students or educational peers. Only use up to 3 minutes or 10% You can not under any circumstance alter the work in any way Educators can use music or scores but: Only 10% of a musical composition in print, sound, or multimedia form. You can not under any circumstance alter the work in any way Say it with me…. You can not under any circumstance alter the work in any way Television??? Please say yes! Yes! This act is in compliance with the fair use rule. But you can only use: Only programs broadcast to the general public. Special programs on channels like NICK JR. Disney Channel are prohibited Make sure they are aligned with your School’s Copyright Policy. Anything taped has to be shown 10 days after its recorded. Limited number of videotape television copies. Unaltered taped material. After the ten day period has lapsed, the tape may only be used for evaluation purposes (to determine if the school would like to purchase the program for future use). After 45 days, the tape must be destroyed. But who is watching? Big brother who? Don’t be naïve… violating copyright law can put you and your entire institution whether its elementary, preschool, middle or high school, or academic university at risk. Because copyright ensures that the material we rely on will be around whether electronic, printed, non-printed, recordings… Violation of copyright will result in… COPY RIGHT INFRINGEMENT What are the penalties? Glad you asked… Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights (Copyright Clearance Center, 2012). Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights (Templeton, 2008). Got it! So from here on out what to do? Glad you asked! Determine if permission is needed Identify the owner or owners Identify the right or rights Plan ahead for permission Negotiate whether payment is required Negotiate whether password is provided. Get terms of usage in writing Wait there is more! Check on your educational peers. Properly cite sources of any posted material – print, electronic, non-print, recorded. Consider all copyright restrictions when surfing the web. Pay closely attention to the “I Accept” policies when on the web. (Newsome, 1997) Afraid? Apprehensive? Scared? Don’t BE!!! You got this! Just remember, review, and revisit from time to time when creating a worksheet or handout. When you know, you do! Educators should become more educated with respect to copyright not only to protect themselves, but also to set a good example for their students. References & Citations • ADEC Distance Education Consortium Last. (2002, June 20). Fair use guidelines for educational multimedia. Retrieved from http://www.adec.edu/admin/papers/fair10-17.html • Copyright Clearance Center. (2012). Copyright on campus [Theater]. Available from http://www.copyright.com/content/cc3/en/toolbar/education/resources/copyrigh t_on_campus.html • Drew, A. (2002). Globe educator's guide to intellectual property, copyright and plagiarism implications for educators. (Master's thesis, University of Illinois Urbana-Champaign) Retrieved from http://www.ed.uiuc.edu/wp/copyright/implications_for_educators.html • Harper, Georgia K. (2001). The copyright crash course. Retrieved February 21, 2012, from the University of Texas System Web site: http://www.utsystem.edu/ogc/intellectualproperty cprtindx.htm References & Citations • Newsome, Cathy (1997). A teacher’s guide to Fair Use and copyright: Modeling honesty and resourcefulness. Retrieved February 21, 2012: Official Web Site: http://home.earthlink.net/~cnew/research.htm#Fair%20Use%20Matrix%20for%20 Teachers • Slide 6– Harry Potter Photo: http://3.bp.blogspot.com/_pc_WyfhCTY/TDvKcxtuIsI/AAAAAAAABXw/R7EOlRAnVb0/s1600/Harry_Potter_and_the_ Goblet_of_Fire-7.jpg • Slide 6 – Twilight Photo: http://3.bp.blogspot.com/_8KcfnjI9cuo/TCM0KK9J_kI/AAAAAAAAAPU/6zTZo 08E9P0/s1600/twilight.jpg Slide 24 – Jailbird photo: http://1.bp.blogspot.com/_8VNBpKu2QwY/S6fEW9c0DkI/AAAAAAAABDo/4lK 2_U2V5PY/s400/jailbird.gif Slide 2, 3, 21, 29, 30 – Microsoft Publisher Online Clip Art • • References & Citations Templeton, B. (2008, October). 10 big myths about copyright explained an attempt to answer common myths about copyright seen on the net and cover issues related to copyright and usenet/internet publication. Retrieved from http://www.templetons.com/brad/copymyths.html United States Copyright Office. (2010). Retrieved from website February 21, 2012: http://www.copyright.gov/title17/ (enacted May 27, 2010, and the Copyright Cleanup, Clarification, and Corrections Act of 2010, Pub. L. No. 111-295, enacted Dec. 9, 2010)