Using Copyrighted Materials Nana Owusu Mike Stein September 2017

Kahoot Quiz Please log on to kahoot.it Type in the Game Pin Enter a Nickname https://play.kahoot.it/#/?quizId=89d675de-276a-4dd9-a042-33971d51c287

Objectives Define copyright Recognize exceptions and determine whether or not the use of a resource is an exception or a violation of copyright Compare & Discriminate between types of copyright & CC licenses State the process for obtaining permission Find and Use licensed content and copyright free resources

Defining Copyright What is copyright? Take 2 minutes and talk to a partner. Write a definition of copyright (in your own words) Come up with an example

Definition Copyright is a form of protection provided by the laws of the United States (title 17, U.S.Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Copyright is a form of legal protection that provides authors of original creative works with limited control over the reproduction and distribution of their work. Copyright gives authors of creative work limited control of the reproduction and distribution of their work.

Copyright holders have a set of exclusive rights to: reproduce the work, in whole or in part, distribute copies of the work, publicly perform the work, publicly display the work, and prepare derivative works based on the original, such as translations or adaptations. http://www.businessinsider.com/george-lucas-says-he-sold-star-wars-to-white-slavers-2015-12

Exceptions Copyrights are subject to exceptions and limitations, such as "fair use," which allow limited uses of works without the permission of the copyright holder. Face-to-Face Classroom Instruction TEACH Act for Online Instruction Fair Use Public Domain Creative Commons

Exception stations With your group, you will: Go to a station Read about an exception Discuss scenarios with your group to determine whether or not each scenario falls under the exception or if it is a violation of copyright and explain why. Stations

Public Domain “The best thing about copyright is that it expires.” – Peter B. Hirtle Senior Policy Advisor Cornell University Library Works in the Public Domain are free to use, copy, and modify, even for commercial purposes, without asking permission from the creator. Works published before 1923 (1922 and earlier) Unpublished works – Life of author + 70 years (died before 1947) Unpublished anonymous works – 120 years after creation (before 1897) Government works (17 U.S.C. § 105)

Public Domain Government works Owner owns the right even if accessible publicly. e.g. PubMed publications; YouTube videos: Public access does not translate to Public Domain Must be lawfully obtained; no pirated copies Permission may be needed unless created under Creative Commons for public performance

Creative Commons Works published under creative commons licenses have varying levels of limitations and reserved rights. https://www.youtube.com/watch?v=q0VzUigrb_g

Zero/Public Domain = Can use/modify without crediting source Attribution = Credit the source Attribution + Share Alike = Credit the source and share with the same license Attribution + Non-commercial = Credit the source, cannot use for commercial use Attribution + Non-commercial + Share Alike = Credit the source, cannot use for commercial use, and share with the same license Attribution + No Derivatives = Credit the source, cannot modify Attribution + Non-commercial + No Derivatives = Credit the source, cannot modify and cannot use for commercial use Standard copyright = All rights reserved

Scenario! CC By (Attribution) I want to share my culture and music with the world but I want people to put my name on anything they use my music in. I don’t care about royalties as long as my music and culture is being heard! What creative commons license should I use? CC By (Attribution)

Scenario! CC By + No Derivatives I published my latest research and I want my students and students all around the world to be able to read it without having to pay for it. However, I still want to be recognized for my work and I don’t want people to modify it or misconstrue the meaning by only copying part of it. What creative commons license should I use? (2 licenses) CC By + No Derivatives

Scenario! CC By + Non Commercial I made an open source video game and I want to share it with the world and also let other developers work on it to make it better. Of course, I want recognition, but I also don’t want anyone to take my hard work, modify it a little and start selling it. What creative commons license should I use? (2 licenses) CC By + Non Commercial

Obtaining Permission If a resource or material is protected under copyright, in order to use it (without purchasing it) you must obtain permission from the copyright holder. April Hathcock, Scholarly Communications Librarian at New York University (NYU), gives users a creative commons license to adapt and share a ‘Letter for Permission’ template. Contact Nana for additional assistance with obtaining permission to use materials.

Library Support & Services Providing Library instruction Permalinks to Database Content Library of Course Reserves Developing Instructional Guides Reference Service and Research Consultations for students Acquisition of Print & Digital Resources Interlibrary Loan Services Individual and Group study facilities 7 days a week Daytime, evening, weekend and online support

Copyright Free (cc0) materials HCC Library OER Images Pixabay, Pexels, Stocksnap.io, Google images  Labeled for reuse with modification Audio Library of Congress, MusOpen, Free Music Archive Textbooks Openstax, Lumen, College Open Textbooks Articles (licensed) databases: HCC Libguides – Subject Guides Scavenger Hunt: Pick 2-3 vocabulary words from your class. Search for CC0 images of these using the HCC Library OER site or any of the sites listed here. Go to the Free Music Archive and find 1 song that is CC By licensed in your favorite genre of music. Go to one of the textbook sites and find 1 OER textbook that is on your subject or is related to your field. Using the HCC Libguides – Subject Guides, find at least 1 database that contains articles related to your division / subject. Log on to the Copyright FAQ and find out whether or not you can show Netflix movies in class: https://myhcc.howardcc.edu/student/coursecontent/CopyrightFAQ/story_html5.html

Copyright Trivia Quiz Form a team of 2-3. Work together to discuss and answer the following 6 questions.

Question 1 What are the four factors that determine if the use of copyrighted material falls under fair use? Purpose, Content, Amount, Market Effect Purpose, Content, Environment, Market Effect Substantiality, Use, Nature, Market Effect Purpose, Nature, Amount, Market Effect

Question 2 A teacher rents “Gone With the Wind” to show the burning of Atlanta scene to her class while studying the civil war. This is fair use. True False

Question 3 Streaming a Netflix video in class is not a violation of copyright as long as it is used for educational purposes and you have a valid subscription to their streaming services True False

Question 4 Order the following Creative Commons licenses in order from the most lenient (1) to the strictest (4): CC Non-Commercial - No Derivatives CC Attribution CC Zero (CC0) CC Attribution - Share Alike 1. CC Zero (Public Domain) 2. CC Attribution 3. CC Attribution – Share Alike 4. CC Non-Commercial – No Derivatives

Question 5 Can you use something that is under a traditional copyright license i.e. not Creative Commons or in the Public Domain? Explain why or why not? YES! There are many exceptions to traditional copyright licenses including fair use, face-to-face instruction, the Teach Act and you can ask permission from the author to use a work.

Question 6 What should you do if you still have questions after going through the interactive HCC Copyright FAQ? Send an email to April Hathcock Contact Nana Call Mike Search YouTube for a video explanation

How did we do? Define copyright Recognize exceptions and determine whether or not the use of a resource is an exception or a violation of copyright Compare & Discriminate between types of copyright & CC licenses State the process for obtaining permission Find and Use licensed content and copyright free resources

Thank You!  

References American Libraries Association Fair Use Guide: http://libguides.ala.org/copyright/fairuse Association of Research Libraries: http://fairuseweek.org/wp-content/uploads/2015/02/ARL-FUW-Infographic-r4.pdf Australian Research Council Centre of Excellence for Creative Industries and Innovation. Attributing Creative Commons Materials. http://creativecommons.org.au/content/attributingccmaterials.pdf Hatchcock, April. Copyright: Copyright Basics. http://guides.nyu.edu/copyright http://copyright.cornell.edu/resources/publicdomain.cfm http://www.infotoday.com/searcher/sep12/Hirtle--When-Is-1923-Going-to-Arrive-and-Other-Complications-of-the- U.S.-Public-Domain.shtml