Copyright in Education

Items used in this presentation are subject to fair use restrictions and are not available for copying 

US Teachers are now required by the 1998 copyright law to teach students about copyright laws and guidelines and to insure students give proper credit for what they use in their papers and multimedia presentations.

Research Papers

Podcasts

Video

Animation

PowerPointWiki’s

Web Pages

Blogs

‘Mashups’

Digital Art

Paintings

Common Misconceptions Clarified

• All ‘fixed medium’ material is automatically protected by U.S. copyright law, whether the item is labelled copyrighted or not.

• Digital or electronic content are subject to the same protections under the Copyright Act as non-digital/analog works.

• Fair use is more of a ‘legal defence’ than an exception to copyright compliance.

Fair Use • The purpose and character of the use, including whether

such use is of a commercial nature or is for non-profit educational purposes.

• The nature of the copyrighted work.

• The amount and substantiality of the portion used in relation to the copyright protected work as a whole.

• The effect of the use on the potential market for or value of the copyright protected work.

Some Fair Use Guidelines...

• Students and teachers can use sections of protected works in their academic projects, with citation.

• Students & Teachers can retain a copy in their personal portfolio

• Front page should state that it has been prepared under fair use exemption of the U.S. Copyright Law and is restricted from further use.

• Students and teachers don’t need permission if use falls within guidelines, but best to ask just in case.

• Repeated, planned use may not be ‘Fair Use’, or if it is to avoid purchase

Some Fair Use Guidelines cont...

• Must display the copyright notice and information if shown in the original source.

• No more than 2 copies of the original may be made

• Educators can claim fair use only:• For face-to-face curriculum-based instruction • ‘How to’ multimedia demonstrations• Presented at conferences• For password protected remote• Kept for only 2 years• Fair use ends if control lost (eg online)

International copyright?

• No international copyright law, but most major countries are signatories of the Berne Convention

• Berne Convention requires its members to recognise the copyright of authors from other signatory countries the same way as it recognises the copyright of its own nationals.

• Also required member states to provide strong minimum standards for copyright law.

• Rule of the shorter term – cant be covered longer overseas than at home

• Rules may have changed when countries signed eg US used to need to apply for copyright, until they signed in 1988, so works before then are not automatically protected.

What to do?

• Ask permission Permission template

• Use public domain or creative commons material. Multimedia Resources.

• Attribute everything. Citation Maker

Public Domain

• Work created by employees of the federal government as a part of their job. Remember to credit your sources, even for government materials.

• All works first published in the United States prior to 1923 .

• Works published between 1923 and 1963 on which copyright registrations were not renewed.

• Materials created since 1989, other than those created by the U.S. federal government, are presumptively protected by copyright.

• Works whose copyrights have lapsed due to the passage of time

• Works created prior to March 1989 that failed to include a proper notice of copyright

The public domain comprises all those works that are either no longer protected by copyright or never were

Creative Commons Creative Commons is a non-profit organisation that develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation. You can share your work using a creative commons license on Flickr, Youtube etc. As well as Creative Commons sites.

Attribution: Lets others use your work, as long as they credit you. The most accommodating license.

Attribution-Share Alike: Lets others use your work, as long as they credit you and license their new creations under the same terms.

Attribution-NoDerivs: Allows for use, as long as it is unchanged/whole, with credit.

Attribution-NonCommercial: Lets others use your work for non commercial purposes. Must be credited, but doesn’t have to ‘share alike’.

Attribution-NonCommercial-ShareAlike : Lets others use your work for non commercial purposes. Must be credited, and licensed ‘share alike’.

Attribution-NonCommercial-NoDerivs : Allows for non commercial use only, as long as it is unchanged/whole, with credit .

Resources to Help Kids Understand Copyright

Taking the Mystery Out of Copyright

The Copyright Challenge Quiz Bound by Law - Comic

Copyright with Cyberbee

Resources SitedFair Use Guidelines for Educational Multimedia - http://www.adec.edu/admin/papers/fair10-17.html

Copyrights by Staff of the Library Resource Centre of Naperville Central High School http://www.ncusd203.org/central/html/where/lrc/copyrights.html

Taking the Mystery Out of Copyright Library of Congresshttp://www.loc.gov/teachers/copyrightmystery/#

Copyright and Fair Use in the UMUC Online or Face-to-Face ClassroomUniversity of Maryland http://www.umuc.edu/library/copy.shtml

Copyright and Primary Sources Library of Congresshttp://www.loc.gov/teachers/usingprimarysources/copyright.html

Copyright in an Electronic Environment North Carolina Department of Public Instructionhttp://www.ncpublicschools.org/copyright1.html

International Copyright Law – The Berne Convention The UK Copyright Servicehttp://www.copyrightservice.co.uk/copyright/p08_berne_convention

Creative Commons http://creativecommons.org/