So Can I Use This Or Not?

Gary S. AtwoodPHED 635

March 29, 2011

Before we get started…

Copyright

• Article 1, Section 8– “To promote the Progress of Science and

useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writing and Discoveries.”

Exclusive Rights

• To reproduce (copy)• To create derivative works of the

original work• To sell, lease, or rent copies of the

work to the public• To perform the work publicly• To display the work publicly

How Long?!

• 1790 – 14 years• 1831 – 28 years• 1976 – Life of the author + 50 years• 1998 – Life of the author + 70 years

Exceptions

• Ideas, facts & data• Things created by the • Things in the public domain

What is Plagiarism?

• To steal and pass off (the ideas or words of another) as one’s own

• To use (another’s production) without crediting the source

• To commit literary theft• To present as new and original an idea

or product derived from an existing source

Plagiarize. (2009). In Merriam-Webster Online DictionaryRetrieved October 20, 2009, from http://www.merriam-webster.com/dictionary/plagiarize

Why do students plagiarize?• Ignorance

– Cultural differences about content ownership– Confused about when and how to cite information

• Laziness– Why re-create the wheel?– Sloppy note-taking

• Poor time management– Procrastination leads to desperation!

• Lack of confidence– Doubt their own ability to interpret and analyze material

• Lack of research skills– Need help choosing an appropriate topic and search

terms– Need help searching the library catalogs and databases

Question One

You want to use a song from one of your CDs in a project. You look everywhere, but there is no copyright symbol © on the CD or the case. This means that the music isn’t copyrighted.

True

False

Question OneYou want to use a song from one of your CDs in a project. You look everywhere, but there is no copyright symbol © on the CD or the case. This means that the music isn’t copyrighted.

True

False

Question TwoYou have been asked to make a tutorial about how to create a blog. During the course of your research, you find a tutorial that is perfect so you decide to use that. This is OK to do as long as you cite it.

True

False

Question TwoYou have been asked to make a tutorial about how to create a blog. During the course of your research, you find a tutorial that is perfect so you decide to use that. This is OK to do as long as you cite it.

True

False

Tie BreakerYou shoot some video of your friends (with their permission) at a party for a project you are working on about drunk driving. There are two songs from the radio playing on the video. It’s still OK to use this video because you shot it and therefore own the copyright.

True

False

Tie BreakerYou shoot some video of your friends (with their permission) at a party for a project you are working on about drunk driving. There are two songs from the radio playing on the video. It’s still OK to use this video because you shot it and therefore own the copyright.

True

False

Fair Use

Fair Use

• Possible exceptions include:– Criticism– Comment– News reporting– Teaching– Scholarship– Research– Parody

4 Factors

Purpose & Character of

Use

Nature of Copyrighted

Work

Amount & significance of portion

used

Effect on potential market or

value

So You Got All of That, Right?

• “Opposite” of copyright• Content creators get to decide who and how

people can use their work• CC Licenses• Get in on the action• For example…

Do It Yourself