Copyright and Fair Use Kristy Herlihy

What is copyright protected? literary works musical works dramatic works pantomimes and choreographic works pictorial, graphic, and sculptural works motion pictures and other audiovisual works sound recordings architectural works Copyright provides protection for original works. This covers both published and unpublished works. All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.

What is not protected? ideas, concepts, or discoveries titles, names, short phrases, and slogans works consisting entirely of information that is commonly available and contains no originality; anything written or created by the US government. Other laws may protect these categories, for example, short phrases and slogans could have trademark protection. Trademark laws are different from copyright laws.

Popular Copyright Myths if it’s on the internet it is in the public domain and therefore free if there is no copyright notice, I can use the image if I alter the image I don’t need permission if I don’t profit from it, I can use it if I only use a part of the image I don’t need permission Public Domain is very misunderstood. You cannot assume that any work on the internet is public domain. The formality of copyright notice is no longer required under US law and never required in most foreign countries, one cannot assume that any work without notice can be used. Altering an image is an exclusive right of the copyright owner and requires permission almost all the time. Any unauthorized use is an infringement whether you profit or not

What is Fair Use It is limited copying or use of copyrighted works for educational and research purposes.

Four Factors of Fair Use Purpose of the Use Whether material has been used to create something new or copied verbatim into another work The Nature of the Work Facts? Creative? Published? Unpublished? The Amount of Work Used More likely to be protected when using small amounts; can not take the “heart” of a work Market Effect What impact will using the work have on the copyright holder financially? The works should be used to add new meaning or to create something different. Factual works are more likely to be considered fair use than creative works. Only use a small amount of the work and do not take the main element of the work. It has to be used for nonprofit purposes. You can not use it in any way that will make a profit for someone other than the copyright holder.

Examples of Fair Use class studying an artist using samples to critique and analyze his/her work manipulating an image to learn Photoshop or other software class handouts of very short excerpts from a book quoting for purposes of reporting the news or criticizing or commenting on a particular work of art, writing, speech or scholarship What you can do in a school environment to learn design is different to what you can do in a commercial environment where you make designs for profit It is fine to use a small portion of a written work but you can not use it multiple times throughout several consecutive years.

Scenarios for Discussion An instructor wishes to show the motion picture Glory in its entirety to her class to reinforce lessons on the Civil War. Is this allowed under copyright law?

YES Section 110(1) of U.S. Copyright Law allows educators, for the purpose of instruction to: Show a film Perform or listen to a piece of music Perform, or show, a play Show slides or other images STIPULATION: The instructor must be present in the classroom, use a legally obtained copy of the work, and there must be a pedagogical purpose for the use.

Scenarios for Discussion You are going to be attending professional development training and will miss a class session. The students have been working really hard, so you decide to give them a break and show them a movie just for fun. Is this permitted?

NO The law permits viewing of whole films in the classroom, but the content must be of relevance to the material being taught. Showing any movie just for fun is a violation of copyright.

Scenarios for Discussion The French Club is trying to raise money for a field trip. They want to show the movie Ratatouille and charge admission. Is this permitted?

NO Non-classroom use at schools would be considered a “public performance” and would need a license to be shown. In order to show a movie in full under fair use it has to be shown in a classroom setting, the teacher has to be present, AND it has to be an essential part of the curriculum. All three criteria must be met to qualify for fair use.

Scenarios for Discussion A teacher copies one article from a periodical for distribution to the class. Is this allowed under fair use?

YES Distribution of multiple copies for classroom use is fair use. CAUTION: Repeated use, as well as a large class size, may weigh against fair use.

Scenarios for Discussion A teacher has posted class notes on a web page available to the public. He wants to scan an article from a copyrighted journal and add it to his web page. Is this allowed under fair use?

NO If access is open to the public, then this use is not a fair use. No exclusively educational purpose can be guaranteed by putting the article on the web. If access to the web page is restricted, then it is more likely to be fair use.

Scenarios for Discussion A teacher created a senior class video to be shown to the parents at graduation. This included several full length licensed songs that were legally acquired by the teacher for use on her music player. Is this considered fair use?

NO You can not for any reason play more than 30 seconds of a licensed song for a mass audience. There is also no relevant educational purpose to listen to the music. Acquiring the songs legally is for personal use only.

Additional resources Copyright Charts and Tools from Stanford University - http://fairuse.stanford.edu/charts-and-tools/ Fair Use Checklist - http://www.lib.uchicago.edu/copyrightinfo/fairusechecklist.html Public Domain Resources - http://eduscapes.com/tap/topic98.htm Copyright and Royalty Free Resources - http://www.techsavvyed.net/archives/1997

References About Copyright - Copyright Clearance Center. (n.d.). Retrieved July 01, 2016, from http://www.copyright.com/learn/about-copyright/ Copyright Law of the United States | U.S. Copyright Office. (n.d.). Retrieved July 01, 2016, from http://www.copyright.gov/title17/ Home. (2013). Retrieved July 01, 2016, from http://fairuse.stanford.edu/ Why Copyright Matters. (n.d.). Retrieved July 01, 2016, from http://www.mpaa.org/why-copyright- matters/