Copyright and Student Media If it’s not yours, think twice! August 5th, 2014 Mr. Kaczynski

Violating copyright is… Definition Violating copyright is… Using someone else’s original work without obtaining the copyright owner’s permission first. Usually it’s best to get that permission in writing.

Ways to protect intellectual property Modes of Protection Ways to protect intellectual property Copyright - protects creative works Trademark - protects business symbol Patent - protects inventions

Copyright protects… Who Does Copyright Protect? YOU, the student who creates OTHERS, who have already created

When is something copyrighted? The minute it is created. © It doesn’t need the symbol However, if you register the copyright, you can collect damages if others use your work without your permission.

How long does copyright last? How Long Does It Last? How long does copyright last? Not forever; That’s why you can print Shakespeare’s words. If you want to make sure, use the SPLC copyright calculator: http://www.splc.org/virtual_lawyer/copyright_71112.asp http://www.copyright.gov/help/faq/faq-duration.html

Do YOU own your photos, art and stories? What Do You Own? Do YOU own your photos, art and stories? Although employers often own the copyright to their employees’ creative works, most high school students are considered “independent contractors” and own their copyright. Always check your contract.

What are owners’ rights? What Are Your Rights? What are owners’ rights? Use the following website to research copyright owners’ rights: http://www.bitlaw.com/copyright/scope.html

Copyright Holder Rights As the author of the work, you alone have the right to do any of the following, or to let others do any of the following: - make copies of your work; - distribute copies of your work; - perform your work publicly (plays, films, dances & music); - display your work publicly (artwork, stills from audiovisual works or material used on the Internet or television), and - make “derivative works” (including modifications, adaptations, new uses of a work, or translation to another media).

That protects YOUR work, but what can you use from others?

Copyright also applies to the Internet. Copyright and the Internet Copyright also applies to the Internet. Just attributing to the source is NOT the same as getting permission. Photo compliments of usatoday.com

Which of these can you use? Which Can You Use? Which of these can you use? White House photo by Eric Draper Photo by John Smith, cnn.com

Which Can You Use? This photo comes from a government site so it may be used. White House photo by Eric Draper This photo comes from a commercial site so it may NOT be used without permission. Photo by John Smith, cnn.com

FEMA is a good government website for disaster and weather photos Government Photo Site FEMA is a good government website for disaster and weather photos The news media section includes photos in a searchable database and offers directions on how to correctly cite used materials. http://www.fema.gov

Fair Use is another exception. Go online and research the “Fair Use” doctrine http://www.copyrightkids.org Click on FAQs

Fair Use Fair Use The “Fair Use” doctrine allows limited copying of copyrighted works for educational and research purposes. The copyright law provides that reproduction “for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” is not an infringement of copyright.

Four Questions? Fair Use Questions? What is the purpose of the use? What is the nature of the copyright-protected material? How much of the original work is being used? What is the effect of the use on the potential market value of the original work?

Keep these factors in mind Other Thoughts Keep these factors in mind Are you sure the original work won’t lose value because of your use? How much can be used? NOTE: Contrary to what some believe, no absolute limit applies (10% or less, 250 words or shorter, 30 seconds of a song)

How About a Still used for a Movie Review? Movie Stills How About a Still used for a Movie Review? Apply the Fair Use test Purpose? You’re critiquing a movie, so yes, it can be used. But who owns the visual you want to use? Movie studio? IMDB? New site?

Check the “Terms of Use” Example: You may access and display material and all other content displayed on this site for non-commercial, personal, entertainment use on a single computer only. The material and all other content on this site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Warner Bros. Online. Any authorization to copy material granted by Warner Bros. Online in any part of this site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other web site or networked computer environment is prohibited.

Free Image Websites Free Image Websites http://www.morguefile.com http://www.stockvault.net http://www.freedigitalphotos.net Add these to your favorites in your browser. There are more out there. Just search for them.

References The Student Press Law Center http://www.splc.org ASNE High School Journalism Project http://www.highschooljournalism.org United States Copyright Office http://www.copyright.gov The White House and FEMA http://www.whitehouse.gov http://www.fema.gov