Copyright & Fair Use

For EducatorsEducators and their StudentsStudents

Presentation by Stephanie Huizinga

So what is CopyrightCopyright?

Copyright protects “originaloriginal worksworks” by

making it against the law for anyone to copy it or

use it without permission.

Copyright gives the “originaloriginal” author of the book, “originaloriginal” creator of the video, “originaloriginal”

composer of music, etc. the exclusive legal right to…

ReproduceDistribute

Make adaptations&

Perform

the works they created.

So when does copyright begin?

From the moment of creationmoment of creation, the minute you hit save, the first track you lay down, the first video you

record…

Get the idea?

It happens right awayright away.

So how long does copyright last?

From the moment of creation until 7070 yearsyears after the death of the

creator.

For works-for-hire (work done by an employee for part of his/her job or when someone is hired to create a

work), copyright lasts 95 years from publication or 120 years from creation

(whichever is shorter).

So what ISIS protected by copyright?

Artistic WorksArtistic Works– Drawings,

paintings, photographs, comics, sculptures

Motion Pictures Motion Pictures and Other and Other MultimediaMultimedia– Movies, video

games, TV programs, and cartoons

Computer Computer ProgramsPrograms– Software, Human

(source code) and machine (object code) computer programming language

Musical WorksMusical Works– Lyrics, songs, &

ring tones

Written WorksWritten Works– Books, speeches,

magazine & newspaper articles, novels, stories, poems, essays, plays, text books, web pages, advertisements

Dramatic and Dramatic and Choreographic Choreographic WorksWorks – Plays, musicals,

and dance

All This Stuff…

So when is it OK for me to use copyrighted material?

It’s called…FairFair UseUse

Fair UseFair Useallows you to use a portion of the

copyrighted material…

as long as the following FOURFOUR factors are considered:

1. What is the Purpose of the use?2. What is the Nature of the copyrighted work to

be used?3. What is the Amount and substantiality of the

portion used?4. What is the Effect on the market?

PurposePurpose of the use of the use- Criticism and comment

- News reporting- Research

NatureNature of the of thecopyrightedcopyrighted

workwork- Fact

- Imaginative- Published

- Unpublished

AmountAmount and andsubstantialitysubstantiality of the of the

portion usedportion used- Quantity- Quality

EffectEffect on the on theMarketMarket

- Will it take profit away from creator

But I thought educators were “exemptexempt” from copyright issues.

Not completely, there is still that Fair Use thing that we must consider.

Keep this in mind when trying to determine Fair Use

- am I creating something new or just copying it?- will my creation take potential profits away

from the original creator?- the more I take, it’s probably not going to be

considered Fair Use (quantity…baby!)- the more important the info is to the work, it’s

probably not going to be considered Fair Use (quality…baby!)

So as an educator what cancan I do about…

PhotocopyingVideos & Movies

ImagesMultimedia Presentations

SoftwareMusic

?????

It’s called

Portion ControlPortion Control(NO, I’m not talking about your meals)

I’m talking about how much of a copyrighted work you use.

The Handy Dandy Teacher Guidelines (on the next slide & your handout) has this information…in case you forget

after this presentation!

Here’s a Handy Dandy Guideline for Teachers on Copyright & Fair

Use

Now you will always know what to do!

Everyone will get a copy and it will be

posted near all the copy machines (in case you

forget the RULES!)

Chart downloaded from: http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyright_chart.pdf

Here are someGeneral Guidelines

Assume everything on the Internet ISIS copyrighted

DoDo NOTNOT republish items to the Internet without permission

Purchase Royalty-Free Clip Art & Audio

Follow the Copyright Law

Ask for permissionpermission and give proper Credit (Cite your Source)

Websites to use with your Students

An interactive question/answer with Cyberbee (EXCELLENT site)

Taking the Mystery Out of CopyrightCopyright KidsA visit to Copyright Bay!An interactive Journey for kids

Resources consulted in this Presentation

A Visit to Copyright Bay. (n.d.). University of St. Francis. Retrieved October 22, 2010, from http://www.stfrancis.edu/content/cid/copyrightbay/

Copyright and fairuse guidelines for teachers. (n.d.). Technology & Learning. Retrieved May 16, 2010, from www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyright_chart.pdf

Fishman, S. (2008). The copyright handbook: what every writer needs to know (10th ed.). Berkeley, CA: Nolo.

Welcome To The FACE Kids Site. (n.d.). Welcome To The FACE Kids Site. Retrieved May 16, 2010, from http://www.copyrightkids.org/