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Copyright, Fair Use & Creative Commons

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Introduction to Copyright, Fair Use, Public Domain and Creative Commons.

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Page 1: Copyright Presentation

Copyright, Fair Use & Creative Commons

Page 2: Copyright Presentation

Questions Do I need permission to use this?

If it’s on the web, can anyone use it?

Should I cite the source?

If there’s no © symbol, can I copy it?

I’m in education, so isn’t everything I do considered fair use?

See “Brief Notes: Copyright for Students” at http://tinyurl.com/briefnotes

morguefile.com

Page 3: Copyright Presentation

stljfl.org

Fair Use

flickr.com/photos/kimberlyfaye

Copyright Law

flickr.com/photos/library_of_congress

Public Domain

Creative Commons

www.creativecommons.org

Four Concepts Guide Decisions

Page 4: Copyright Presentation

Why Should You Care? Ethical Decision

Modeling the ethical use of media & technology for students

It’s the Law Criminal penalties up to 1 yr in jail Civil liability for damages & profits• judge’s discretion up to $50,000

Personal liability–your jobimages from morguefile.com

Page 5: Copyright Presentation

Copyright

Exclusive legal right to decide how, when, and where a work can be reproduced.

Covers text, music, pictures, video, computer code, sculpture, architecture, & other intellectual works• Established as soon as a work becomes tangible

• Does not cover facts or ideas, but does protect the “unique expression” of them

Files On Record: http://www.loc.gov/teachers/copyrightmystery

Page 6: Copyright Presentation

Copyright Protection Does not require registration Does not require the display of © symbol Was not intended to stifle creativity Does not exempt teachers or students

“Fair Use” applies to limited portions & circumstances

Page 7: Copyright Presentation

Ownershipas defined by the 1976 Copyright Act: Author’s life + 70 years Work For Hire:

120 years from creation 95 years from publication

Works published prior to 1978 28 years; can be renewed up to 95 years

Copyright Basics: http://www.copyright.gov/circs/circ1.pdf

Page 8: Copyright Presentation

Public Domain Can be used freely & without permission

Works for which copyright ownership has expired Facts or ideas (but not their unique expression) Works by US government employees as part of their job

(includes .gov sites such as nasa.gov or noaa.gov)

Page 9: Copyright Presentation

Fair UseConcepts & guidelines

as defined by 1976 Copyright Act

stljfl.org

Page 10: Copyright Presentation

“Fair Use” of Media

A legal concept that applies to… Personal use (like iTunes & its DRM)

Teaching & learning News reporting Parody Critical comment

www.copyright.gov

Page 11: Copyright Presentation

Purpose of Fair Use Guidelines Balance the rights of individuals

Recognize different needs

Define legitimate use without permission Not simply to avoid purchasing

Define acceptable terms of use Specify portion limitations

Page 12: Copyright Presentation

Updated: Teach Act of 2002 1998: congress asked to facilitate digital

technologies in distance education 2002: law allows fair use over a secure network

such as ICN or Learning Management Systems Distribution via open networks still prohibited

ICN images from iptv.org

Page 13: Copyright Presentation

4 Criteria Determine Fair Use

1. Purpose & character of the use

2. Nature of the copyrighted work

3. Amount used in relation to the whole Portion limitations

4. Effect of the use upon potential market value Limited or no distribution allowed

www.iowaaeaonline.org | www.copyright.gov

Page 14: Copyright Presentation

Fair Use applies when…...using without permission,

…portions,

...of lawfully acquired works,

...in educational multimedia projects,

...created by teachers or students,

...as part of systematic instruction,

...within nonprofit educational institution,

…with limited or no distribution.

Page 15: Copyright Presentation

BriefNotes: Copyright for Studentshttp://tinyurl.com/briefnotes

Page 16: Copyright Presentation

Text Material Up to 10% or 1000 words (whichever less)

10% or 2 pages from short children’s book Poems

Up to 250 words (entire poem if <250 words)

No more than 3 poems by one poet or 5 poems from single anthology.

Page 17: Copyright Presentation

Photos & Illustrations No more than 5 images by one artist No more than 10% or 15 images (whichever less)

from one collection Can alter if it supports instructional outcome Must cite the source where

image is used – on the same pageLinktribute!

Image used with permission from pics4learning.com

Page 18: Copyright Presentation

Audio & Video

Audio or music video 10% or 30 seconds (whichever less)

Video 10% or 3 minutes (whichever less)

Page 19: Copyright Presentation

Videotaping Only open broadcast or basic cable television

No premium cable channels

10/45 day rule Transmission only via secure network

Page 20: Copyright Presentation

Summary Points: Fair Use Open distribution generally prohibited (www) Using portion of work in limited circumstances Projects may be reused for instructional

purposes for 2 years after initial use Students & teachers can retain longer for portfolios

Assume something is copyright-protected Look for terms of use statement

Page 21: Copyright Presentation

Copyright Public Domain

Creative Commons

creativecommons.org

search.creativecommons.org

Page 23: Copyright Presentation

Creative Commons

Licenses grant permission to: copy the work make derivative works distribute the work profit from the work Creativecommons.org

www.creativecommons.org/about

Page 24: Copyright Presentation

Creators choose conditions

www.creativecommons.org/about/licenses

Page 26: Copyright Presentation
Page 27: Copyright Presentation

CC Search Engines

search.creativecommons.org

Page 28: Copyright Presentation

www.iowaaeaonline.org

Page 29: Copyright Presentation

www.iowaaeaonline.org

Page 30: Copyright Presentation

Iowa AEA Online Terms & Conditions AP Images

Prohibits use on web, newsletters, etc

iCLIPART for Schools Allows use on your websites Specific citation format requested

World Book Can’t use on websites without first seeking permission Only links to their home page allowed (no deep linking)

Page 31: Copyright Presentation

You can always request to do more Obtain written consent from copyright owner May not be a time-consuming process (e-mail) Be specific, don’t request blanket permission

Templates:http://tinyurl.com/2dznwjhttp://tinyurl.com/24okpx

30.tinypic.com

Page 32: Copyright Presentation

Frazz

www.comics.com

Page 33: Copyright Presentation

Letter to Frazz Mr. Mallett (I'd call you Jef but I don't know you);

I really appreciate the subtle humor (and blatant humor) in your comic.I am a professor of Instructional Technology at the University of Northern Iowa. I would like to use your Feb 22, 2005 comic to show how a teacher might use a comic to start a discussion.May I have permission to display it in my lectures?

Thank you,Leigh

Page 34: Copyright Presentation

Jef MalletYow! Just in the nick of time -- sorry I'm slow

getting to my e-mail (I suppose it's a good thing it

piles up so fast, but still).

Absolutely, I'd be flattered if you used it in your lectures. Huge thanks!

And definitely, call me Jef. You know me well enough.

Jef

Page 35: Copyright Presentation

Summary Copyright Law

Protection assumed once tangible form exists

Fair Use Guidelines for Teachers & Students Portions of works may be used in limited circumstances Does not permit distribution on an open network

Creative Commons Some rights reserved, consult the individual license

Iowa AEA Online (and other sources) Consult individual terms & conditions