Copyright Basics for Educators Charles Crowley - EDTC 6340-60 - Fall 2011 - Evans

US Copyright Law Copyright law is extremely complex but vague on many points. Copyright law is antiquated. It is based on principles developed during the era of print media (there are signs of gradual change however). Copyright holder heavily favors the holder of the copyright above the user of the material.

Copyright times are becoming longer. E.g. the 1998 Copyright Term Extension Act, aka the “Mickey Mouse Preservation Act”. Content from recent decades may be hard or impossible to access. A certain mouse, in copyright since 1928

What is copyrighted? Most written or recorded works with a few exceptions must be considered to be copyrighted simply by virtue of being written or recorded. The copyright symbol need not be present for a work to be copyrighted.

What is copyrighted, cont. Online content should be considered copyrighted unless express or implied license is present. An “implied” license means that the author of the work can reasonably expect that his or her work will be forwarded, quoted, printed out, etc.

DANGER Penalties for copyright infringement are severe! For willful copyright infringement, the copyright holder can seek damages up to $150,000 for each instance. Further: the violator does not even have to be aware that he is breaking the law to be found guilty – another reason to brush up on copyright law.

The Copyright Act Sections 110(1) and 110(2) and the TEACH Act Online teachers have fewer rights to use content than classroom teachers under the Copyright Act as modified by the TEACH act of 2002. The TEACH act provides a list of specific guidelines for when a work can be used educationally. See: http://copyright.lib.utexas.edu/teachact.html .

Works which can be used: Published before Dec 31 1922 – in public domain. Published under Creative Commons license. Explicit permission given by copyright holder (who may or not be the author). Schools license many works, you may already have permission.

Fair Use The four fair use factors: What is the character of the use? What is the nature of the work to be used? How much of the work will you use? What effect would this use have on the market for the original or for permissions  if the use were widespread? From http://copyright.lib.utexas.edu/copypol2.html

Maybe OK…………………………….Could go either way……………………..…….Maybe Not OK. Fair Use Continued Fair use isn’t an either / or issue, but more like a spectrum: To tell where you are on the spectrum, a few principles: Maybe OK…………………………….Could go either way……………………..…….Maybe Not OK.

More likely to be considered Fair Use if: Small parts of the work are quoted, not long sections. Follow your institution’s guidelines for using copyrighted material and abide by whatever restrictions apply to the quoted work Use is non-commercial and educational. Information quoted is factual, not fiction, and is from a published work.

Getting Permission Go through a service such as the Copyright Clearance Center. Contact author or copyright holder directly (phone, email, letter). Keep copies and records of all correspondence.

Other probably legitimate uses Public domain (out of copyright)? Creative Commons license? Licensed to your institution? Permission is expressed or implied? You have obtained permission directly from the author or from a service such as Copyright Clearing Center? You plan a “transformative” use? Copies will go to a limited number of people? Follow best practices? Probably OK to use.

Does use pass legal hurdles? Use meets requirements under the Copyright Act sections 110(1) and 110(2) and the TEACH act? Or use meets the 4 tests for Fair Use? Probably OK to use.

But… Work is copyrighted, you or your institution not licensed to use it? Author doesn’t express or imply permission? No Creative Commons license? You need to use the entire work unchanged, or plan a commercial use? Your use will interfere with the market for the original? Probably not OK to use. Seek alternatives.

This presentation is not intended to take the place of legal advice. References Center for Social Media, (2011). Fair use. Retrieved from http://www.centerforsocialmedia.org/fair-use Best practices for using material under “fair use”. Crews, K. (2011). The TEACH act and some frequently asked questions. Retrieved from http://www.ala.org/ala/issuesadvocacy/copyright/teachact/faq.cfm Copyright clearance center. (2011). Retrieved from http://www.copyright.com/content/cc3/en.html (no author listed) a service for obtaining permission from copyright holders to use their work. Harris, L. (2011, June 01). Copyright laws.com - copyright licensing digital property. Retrieved from http://www.copyrightlaws.com/ Harper, G. (2007). Copyright crash course. Retrieved from http://copyright.lib.utexas.edu/copypol2.html Library of Congress, US Copyright Office. (1998). Copyright law of the united states of America Retrieved from http://www.copyright.gov/title17/92chap1.html#110 The text of the law itself. University of Minnesota University Libraries, (2010). Copyright information & resources. Retrieved from http://www.lib.umn.edu/copyright/welcome  - info on fair use, getting permission, orphan works, other topics. This presentation is not intended to take the place of legal advice.