Transcript 21st Century Classroom

Copyright Crash Course
By ~ Mrs. Heather Dawn Luna
August 26, 2011
EDTC 6340.65
What does “copyright” mean?
• Copyright refers to the rights an author of a
original expression are granted, by law, for
protection of their work.
• The moment a tangible work is produced, the
author is immediately granted these rights,
without having to register or display the
copyright symbol. In other words, from the
moment something is written down or published
on a computer, it automatically becomes
copyrighted.
History of Copyright Laws
• Copyright laws have been in effect since the
1790s.
• As our country progress academically and
technologically, copyright laws continue to be
updated. The most recent update was done in
2002 and is known as the TEACH Act.
Implications of Copyright Law
• Under the copyright law, the owner is given the
following rights:
▫ The right to reproduce their work.
▫ The right to distribute their work.
▫ The right to prepare derivative works based on an
original work.
▫ The right to perform or display the copyrighted
work publicly.
Implications of Copyright Law (con’t)
• Violation of Copyright Law could lead to the
following:
▫ Attorney and court fees for yourself, as well as, the
plaintiff
▫ Liability damages ranging from $30,000 $150,000
▫ Prison sentence
Copyright and Education
• Educators are required to following copyright law,
as set forth in Title 17 of the United States Code.
• A limitation to copyright law, referred to as “fair
use” allows copyrighted works to be used for
criticism and commentary, parody, news reporting,
research and scholarship, and classroom
instruction.
• Many educators misconstrue “fair use”, believing
that any copyrighted material can be used as long as
it if for instructional purposes, which is not the case.
Fair Use
• To determine whether or not use is “fair”, requires careful consideration of
the following factors:
▫ the purpose and character of the use
▫ 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
• Under most circumstances, educators can use the following guidelines to
determine whether usage constitutes as “fair”:
▫ Copying a single chapter from a book
▫ Copying an excerpt from a work that combines language and illustrations, such as
a children's book, not exceeding two pages or 10 percent of the work, whichever is
less
▫ Copying a poem of 250 words or less or up to 250 words of a longer poem
▫ Copying an article, short story, or essay of 2,500 words or less, or excerpts of up to
1,000 words or 10 percent of a longer work, whichever is less; or
▫ Copying a single chart, graph, diagram, drawing, cartoon, or picture from a book,
periodical, or newspaper.
TEACH Act
• In addition to fair use, educators have been
granted a separate set of rights under the
Technology, Education and Copyright
Harmonization Act of 2002 (TEACH).
• The TEACH Act clarifies the use of copyrighted
works for the purpose of distance learning. It
also summarizes the responsibility university
staff and students must stand by in order to be
in compliance.
Obtaining Rights to Utilize Copyrighted Works
• Before using a work that is copyrighted, does not
constitute as fair use, and/or is protected under
the TEACH Act, permission must be granted.
• There are numerous avenues an educator can
take to get permission for using copyrighted
materials, including contacting the owner and
requesting written permission or contacting the
CCC (Copyright Clearance Center).
So, as Educator what are we left with?
• As technology continues to influence education,
educators are no longer able to “get away” with
infringing on copyright law.
• Educators must educate themselves regarding
the copyright law and carefully adhere to its
requirements.
• When an educator fails to abide by copyright
law, districts can be held liable.
Something to Consider!
• According to their web-site, Creative
Commons licenses provide a flexible range of
protections and freedoms for authors, artists, and
educators. Their goal is to maximize digital
creativity, sharing, and innovation.
• If you are going to create and share your work,
consider using a license from this site. Placing such
a license on your work, will aid readers in
understanding what can legally be done with your
work.
http://creativecommons.org/
Work Cited
Harper k. George, Copyright Crash Course, University of Texas
Libraries, 2001, 2007,
http://copyright.lib.utexas.edu/useofweb.html
Jassin, Llyod J (1998-2011). Fair Use in a Nut Shell. Retrieved from
http://www.copylaw.com/new_articles/fairuse.html.
Starr, Linda (2010). Copyrights and Copying Wrongs. Retrieved from
http://www.educationworld.com/a_curr/curr280a.shtml.
Steven, Daniel (2001). Understanding Copyright. Retrieved from
http://owl.english.purdue.edu/owl/resource/560/10/.