Copyright & COPY WRONG for Educators

What is copyright?
What is fair use?
How does this apply to me as an educator? Does this really matter?
Why should I care?
This has never been a big deal before.
How can we collaborate if we cannot share?

What is Copyright?

• Legal right granted to an author, a composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.

Can you be more specific?

• Poetry, movies, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography and architectural design.
• Facts and ideas are NOT protected inherently--a creative compilation of the facts or expression of idea may be.

What DOES the right entail?

• To reproduce the work
• To prepare derivative works
• To distribute copies of the work
• To publicly perform the work
• To publicly display the work directly or by telecommunication
• To publicly perform a sound recording by digital means

What about the copyright notice?

• Before 1978, no notice meant no copyright protection.
• Now, no notice is necessary for works created after 3/1/1989 (1988 Berne Convention Implementation Act)

When Does copyright begin?

• Copyright protection begins as soon as an original work is fixed in a TANGIBLE medium of expression (17 U.S. Code § 102)
• A great joke told, song sung, or story woven at an interview is not protected by copyright until it's written down or recorded.

When does copyright end?

• The term of copyright is currently life of the author plus 70 years.
• For works for hire or anonymous works, it is 95 years from publication or 120 years from creation, whichever shorter.
• Unpublished works will enter public domain 12/31/2002 if author deceased > 70 years.

Copyright Term Extension Act (CTEA)

• AKA the Sonny Bono Copyright Term Extension Act, Sonny Bono Act, or (derisively) the Mickey Mouse Protection Act
• Froze the advancement date of the public domain in the US for works covered by the older fixed term copyright rules.

Copyright Term Extension Act (CTEA)

• Additional works made in 1923 or afterwards that were still protected by copyright in 1998 will not enter the public domain until 2019 or afterward unless the owner of the copyright releases them into the public domain prior to that.

Copyright Term Extension Act (CTEA)

• Mickey Mouse (steamboat) copyright expires 1/1/2019 but Disney owns the trademark--similar loophole with Winnie the Pooh and Tarzan, among others
• "Happy Birthday to You" is copyrighted until 2030 by the Warner/Chappell music group (bought in 1988)

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Ask Yourself. . .Have you ever?

• Copied a video documentary to show during a classroom history lesson?
• Photocopied a book page for use in ELAR? For another teacher?
• Created a science unit by combining a variety of text and online resources?
• Googled pictures to use in a power point presentation?
• Lifted content from slides of other presenters for your own?

FOOD FOR THOUGHT: Copyright

• All tangible creative works are protected by copyright immediately upon creation.
• Quoting or crediting the author of a copied work does not satisfy copyright requirements.
• Educational purposes do not guarantee permission to copy/distribute work.
• When in doubt, ASK PERMISSION.

What is fair use?

• Certain uses of copyright-protected works do not require permission from the copyright holder or its agent.
• Use of copyright-protected works for commentary, parody, news reporting, research and education.

What is fair use?

• A guideline, where Copyright is law.
• Is flexible; copyright law does not specify how it should be applied.

Acceptable Educational Fair USE

• a single chapter from a book
• an excerpt from a work that combines language and illustrations, such as a children's book, not exceeding two pages or 10 percent of the work, whichever is less

ACCEPTABLE Educational Fair Use

• an article, short story, or essay of 2,500 words or less, or excerpts of up to 1,000 words or 10 percent of a longer work, whichever is less; or
• a single chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

FAIR USE DOES NOT ALLOW EDUCATORS TO. . .

• make multiple copies of different works as a substitute for the purchase of books or periodicals
• copy the same works for more than one semester, class, or course
• copy the same work more than nine times in a single semester
• use copyrighted work for commercial purposes
• use copyrighted work without attributing the author.

Hey! Wait Just a minute!!

• "But everybody does it!" you gasp. "I've always done it!" you protest. "No one ever said it was illegal!" you plead. "How can I be guilty of anything?"

Hey! Wait Just a minute!!

• Ask yourself this, "Do all people who speed get tickets?"
• "Does the fact that they are not caught make it any less illegal?"

Hey! Wait Just a minute!!

• People routinely get away with illegal copying in the classroom for the same reason that people get away with speeding on the interstate
• Not enough police watching them.

Hey! Wait Just a minute!!

• Teachers were in the privacy of a classroom with a closed door, surrounded by students who had no clue that anything illegal was going on.
• As we use the Internet, we blow open the door and leave our practices out there for the whole world to see.
• We must become better citizens in this respect--the facts are out there and we must become knowledgable.

Teaching Student REsponsibility

• Copyright law is designed to protect the financial interests of those who create original work; that financial rewards provide the incentive for the creation of more original works; and that obeying copyright laws benefits society by ensuring a steady supply of creative works.

Teaching Student Responsibility

• Most of the materials they use are protected by copyright; that the creator owns copyrighted work; and that they have to ask permission to use it.

Teaching Student Responsibility

• Students should know how to find the owner of a copyrighted work and how to ask permission to use that work
• Have a template prepared and reference you District's policy

Video: Teaching "Fair Use" in Digital World

Determining Fair Use

• What is the purpose and character of the use?
• What is the nature of the copyrighted work?
• What is the amount of the portion used?
• What is the effect of the use upon the potential market for, or value of, the copyrighted work?

Determining Fair Use

• Did the unlicensed use TRANSFORM the material by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?

Determining Fair Use

• Was the material used APPROPRIATE in kind and amount, considering the nature of the copyrighted work and of the use?

Video: Buffy the Vampire Slayer vs. Edward Cullen:Twilight Remixed

Food for Thought: Fair Use

• It is imperative to do your own research.
• If you are unsure, and want to be protected, research CC or ask permission from the primary source.

What is Creative Commons?

• Is a non-profit organization that provides free licenses and other legal tools to mark creative work with the freedom the creator wants it to have.
• Can be used to change your copyright terms from “all rights reserved” to “some rights reserved.”

Creative Commons

• Works alongside copyright, so you can modify your copyright terms to best suit your needs.
• Creators choose a set of conditions they wish to be applied to their work.

Video: Get Creative!

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Public Domain

• Works that are not protected by intellectual property laws such as copyright, trademark or patent laws.
• Anyone can use a public domain work without obtaining permission, but no one can ever own it.
• Collections of public domain material may be protected by the “collective works” copyright.

Works arrive in the Public Domain in four ways

• expiration of copyright
• failure to renew copyright
• dedication (the owner deliberately places the work in the public domain)
• no copyright protection is available for the type of work.

The Internet is Not the public domain

• The internet is not public domain.
• The internet is not public domain.
• The internet is not public domain.
• The internet is not public domain.

The Internet is Not the public domain

• Works posted on other sites might not have been posted by the copyright owner or with the copyright owner's permission.
• Just because a copyrighted work is already posted on the Web doesn't mean it's there legally.

The Internet is Not the public domain

• Even sites that have obtained the required permission may not have the right to transfer that permission to you.
• Print rights and electronic rights are NOT the same thing.

Food for Thought: CC/PD

• Most information on the Internet is not in the public domain.
• Most software, including freeware, is not in the public domain.
• A good way to determine whether a multimedia resource is copyright protected or in the public domain is to relate it as closely as possible to a print resource.
• Asking permission is considered good netiquette :)

Conclusion

• When in doubt about the copyright status of a work you want to use, you should . . .
• a. Use it and hope for the best. b. Use it in the classroom, but refrain from posting it to the school Web site. c. Ask permission before you use it.