copy rights and wrongs

William Gumula, M.Ed.!eLearning Coach - EVSC/Professional Learner!!!!

PhD Candidate in General Psychology - Integrating Technology, Learning, and [email protected] | Twitter: @elearngumula | Blog: http://edvolution.info!

2006 Vanderburgh County Outstanding High School Educator of the Year!15 years classroom experience

‣ About copyright and how it affects many aspects of modern life!

‣ About how copyright affects classroom practice!

‣ About how copyright affects student work

The Governing Law!!

Provides protection for "works of authorship"!

!Provides enforcement for

infringement

"Works of authorship"!• i.e. art, music, literature!

If they are:!•original and not copied, with a minimal

degree of creativity!• fixed in a tangible medium!• required formalities have been fulfilled!•since 1989 no copyright notice is required

to be displayed!•owners have exclusive rights!

• You as an educator, have some leeway with how you use copyrighted materials.!

• Your students, may not have these same exemptions in their future.!

• To which standards do you hold your students accountable?!

• A decision only you can make!

Evelyn Simak [CC-BY-SA-2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons

Copyrighted material may be used in the classroom in one of three ways:!

!(1) Buy a license!

(2) Secure permission!(3) Claim Fair Use

Favoring Fair Use!!

teaching, research, scholarship, nonprofit educational institution, criticism, comment,

news reporting, transformative or productive use, restricted access, parody

Opposing Fair Use!!

commercial activity, profiting, entertainment, bad-faith behavior, denying credit to original

author

Favoring Fair Use!!

published work, factual or nonfiction based, important to favored educational objectives

Opposing Fair Use!!

unpublished work, highly creative work (art, music, novels, films, plays), fiction

Favoring Fair Use!!

small quantity, portion used is not central or significant to entire work, amount is appropriate

for favored educational purpose

Opposing Fair Use!!

large portion or whole work used, portion used is central or "to the heart" of the work!

Favoring Fair Use!!

user owns lawfully purchased or acquired copy of original work, one or few copied made, no significant effect on the market or potential

market for copyrighted work, no similar product marketed by the copyright holder, lack of

licensing mechanism

Opposing Fair Use!!

could replace sale of copyrighted work, significantly impairs market or potential market for copyrighted work or derivative, reasonably available licensing mechanism for use of the

copyrighted work, affordable permission available for using work, numerous copies

made, you made it accessible on the web or in other public form, repeated or long term use!

•Educational materials on copyright available!•Work is not a digital educational work!•Work is lawfully made and acquired!•Work is integral to class session!•Work is part of systematic mediated instructional activities

•Reception limited to students enrolled in course!

•No retention of work longer than class session & no dissemination beyond recipient!

•For conversions of analog to digital, no digital version available to institution!

•Warning notice to students present on work

Work is:!•Nondramatic literary work (may use all)!•Nondramatic musical work (may use all)!•Reasonable and limited portion of any other work (for a performance) or display of any work in amount analogous to live classroom setting

"When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context."!-Joyce Valenza, School Library Journal

http://www.halldavidson.net/copyrightTEACH.pdf

Music loop by Dave Ruiz, http://www.daveruiz.net

Basically, copyright law was created in this country to protect individuals and companies from having

their work ripped off.

Quiz ©2001, Hall Davidson [email protected] Used with permission.

The purpose of copyright was to support the “advancement of Science and the useful arts”. “Science” at the time was synonymous with

“knowledge.”


The owner of the local Blockbuster Video store supports the school by donating one videotape

rental-‐free to the school every Friday. The video is shown in the multi-‐purpose room to reward

students with perfect attendance that week. It does improve attendance. This falls under “fair use”.


“Entertainment” and “reward” are explicitly excluded under copyright guidelines.


On her home VCR, a history teacher taped the original ABC news report of Nixon leaving the

White House after resigning. She uses the entire news program every year in her classroom. This is

fair use.


The time has long passed when she should have asked permission or purchased the tape. One legal opinion has held that using only the segment with the wave would be more acceptable for retention.


A teacher rents Gone With the Wind to show the burning of Atlanta scene to her class while studying

the Civil War. This is fair use.


The video is a legal copy being used for instructional purposes.


A student snaps in half a CD-‐ROM the teacher really needed for her next class. The teacher decides to make a back-‐up copy of all her crucial disks so it

never happens again. This is permissible.


Technically, this should be done in the library. The law allows archival copies, and, in some cases, lost, stolen, or damaged originals may be replaced with

copies if the originals are unavailable or unreasonably priced.


A middle school science class studying ocean ecosystems must gather material for multimedia projects. The teacher downloads pictures and

information on marine life from various commercial and noncommercial sites to store in a folder for

students to access. This is fair use.


The Web may be mined for resources. Download away (of course, don't hack into subscription sites)! But remember: you can't put these projects back up on the Web without permission from the

copyright holders.


A high school video class produces a DVD yearbook that includes the year's top ten music hits as

background music. This is fair use.


This is not fair use. Yearbooks are not generally intended to be instructional. Plus, it's not

permissible to use entire songs. If you're using pieces of songs and analyzing them as a reflection of the times students lived in, that's different.


A teacher gets clip art and music from Google and popular file-‐sharing sites, then creates a lesson plan and posts it on the school Web site to share with

other teachers. This is permissible.


Legitimately acquired material can be used in classrooms. However, under the current law, no

teacher can redistribute such material over the Net or any other medium. You can use it, but you can't

spread it around.


Fair Use Checklist!Copyright Advisory Office!

Columbia University Libraries!Kenneth D. Crews, Director!http://copyright.columbia.edu

By Creative Commons (http://creativecommons.org/about/press/) [Public domain], via Wikimedia Commons

By Creative Commons (http://creativecommons.org/about/press/) [Public domain], via Wikimedia Commons

Attribution Creative Commons Non-‐Commercial No Derivatives

Public Domain Remix Share Alike Share

http://www.flashkit.com/loops!http://sonicsquirrel.net/!

http://freeplaymusic.com/!http://www.jamendo.com/en/!

http://www.freesfx.co.uk/!http://www.soundgator.com/

http://www.morguefile.com/!http://www.sxc.hu/index.html!

http://www.edupics.com/!http://4freephotos.com/!

http://www.freedigitalphotos.net/

http://navigator.carolon.net!http://www.baruch.cuny.edu/tutorials/copyright/!

http://librarycopyright.net/resources/fairuse/toc.php!

http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf!

http://www.provost.ncsu.edu/copyright/toolkit/implementation.php!

http://www.halldavidson.net/CopyrighFinalPDF.pdf!

Please attribute William A. Gumula with a link to http://edvolution.info

!!!!!!!

Except where otherwise noted, this work is licensed under http://creativecommons.org/licenses/by-‐nc-‐sa/4.0/

!Creative Commons and the double C are registered trademarks of Creative Commons in the United States and other countries. Thirds party marks and

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