Transcript Slide 1
What is a Copyright? A property right attached to an original work or art or literature – not ideas or facts Grants creator exclusive rights to reproduce, distribute, display or adapt the protected work Prevents those whom the creator has not given right to from copying, distributing or adapting the protected work The copyright creator has the right of control over all forms of reproduction What qualifies for Copyright Must be original Creative to a minimal degree A fixed or tangible form of expression Examples: advertisements catalogs/directories collages journals/letters digital images music email How to obtain a copyright Originally had to apply for copyright protection Law changed in 1978 Works created since 1978 assume protection whether or not the copyright notice is attached or an application has been filed with the U.S. Copyright Office. All works created before 1978, the copyright lasts 75 years from time of publication or copyright renewal. Formal application may be made with the U.S. Copyright office, but is not necessary Copyright Protection and Educators Fair Use Copyright material can be used for educational purposes. These purposes include: Criticism Comment News reporting Teaching Research Determining Fair Use Exemption Four Standards to use in determining Fair Use Exemption 1. Purpose of use: Copying and using selected parts of copyrighted works for specific educational 2. 3. 4. purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology. Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable. Proportion/extent of the material used : Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use. The effect on marketability : If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use (Princeton University). Fair Use Chart for Teachers – http://home.earthlink.net/~cnew/research.htm#Fair%20Use%20Matrix%20for%20Teachers Work or Materials to be used Fair Use Restrictions for Face Illegal Use w ithout Explicit for Educational Purposes to -Face Teaching Permission from Creator/Author Chapter in a book Single copy for teacher for research, teaching, or class preparation. Multiple copies used again and again without permission. Multiple copies (one per student per class) okay if material is (a) adequately brief, (b) spontaneously copied, (c) in compliance with cumulative effect test. Multiple copies to create anthology. Multiple copies to avoid purchase of textbook or consumable materials. Copyright notice and attribution required. Newspaper/magazine article Prose, short story, short essay, Web article Same as above. Same as above Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less. Same as above For works of 2,500- 4,999 words, 500 words may be copied. Same as for first item. Poem Multiple copies allowed of complete poem up to 250 words -- no more than two printed pages. Same as above Multiple copies of up to 2 50 words from longer poems. Artwork or graphic image chart, diagram, graph, drawing, cartoon, picture from periodical, newspaper, or book, Web page image Motion media film and videotape productions Music - sheet music, songs, lyrics, operas, musical scores, compact disk, disk, or cassette taped recordings Same as for first item. Same as first item No more than 5 images of an artist/photographer in one program or printing and not more than 10% or 15% of images from published collective work, whichever is less. Incorporation or alteration into another form or as embellishment, decoration for artistic purposes for other than temporary purpo ses. Single copy of up to 3 minutes or 10% of the whole, whichever is less. Multiple copies prohibited. Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited. Spontaneity required. Single copy of up to 10% of a musical composition in print, sound, or multimedia form. Same as immediately above Single copy of off- air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date. Same as immediately above. Use by only individual teachers. May not be altered. May not be done at direction of superior. Broadcast programs Copyright notice required. Fair Use or Not? Showing A Bug's Life because it is raining outside? Downloading music to have the class analyze? Downloading a picture from Google Images to include in your presentation or students to use in a paper? Copying a sheets from a workbook to share with the class? Using a short excerpt out of an article in a magazine? Other examples Help in Dealing with Copyright Teachers don't realize that even though they are acting on behalf of the school, they may still be liable personally. How do you do the right thing about copyright issues? When using an image or information from a website in your presentation, put the link in your presentation. Establish a image database at your school for all to download images from that are public domain – take pictures when you go on vacation Use public domain websites for videos, images, etc. Be informed – when in doubt always contact creator or cite work Resources www.teachertube.com http://teachpol.tcnj.edu/amer_pol_hist/ www.globalgridforlearning.com http://digitalsandbox.edublogs.org/production-resources/