Learning About Copyright and Fair Use in the Digital Age Dr. Steve Broskoske Misericordia University Click to advance.

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Which of the following items are copyrighted? A song you write. A lesson plan you write. A book report written by a student. A photo you take of your dog. A family home video. ALL of these are copyright. Any creative work anyone produces is automatically copyrighted, whether or not he/she registers the copyright officially. It is that person’s property. © Continue

Which of the following items are copyrighted? A map of Yellowstone on the National Park Service’s Web site. A map on Google maps. A map you draw of your neighborhood. Government-supplied information is normally in the public domain. © Continue

Which of the following items are copyrighted? Original musical scores written by Mozart. Peter Rabbit and friends books written by Beatrix Potter. Mickey Mouse materials. 75 years after the death of the author, the copyright expires on a work. It then moves to the public domain. Current performance of this work would still be copyrighted. © Continue

What About the Following? A video you create and publish on YouTube. When you publish your creative work on a social networking site, you agree to the site’s copyright terms. Learn More About YouTube and Copyright

What Is © Copyright? Copyright: A form of protection provided by U.S. law to authors of original works. –Gives author rights: Right to reproduce and distribute work. Right to display or perform work publicly. Right to prepare derivatives of original work.

What Is Copyrighted? Any creative work anyone produces is automatically copyrighted. You do not need a © or any other notation. To reserve the right to litigation, you can officially register your copyright with the U.S. Copyright Office (through the Library of Congress).

Can Anything Not Be Copyrighted? 1.Facts: You can retype facts from a copyrighted source. 2.Public domain: Government-provided information. Works for which copyright has expired.

Fair Use Guidelines Fair Use Guidelines are part of U.S. Copyright Act. –Allows teachers and students ability to use copyrighted materials for educational purposes. Don’t be fooled! Quantitative rules are not part of the law. The only true test of educational fair use is the U.S. court system. ©

Fair Use Guidelines 1.Purpose and character of work. Must be used for teaching/learning (not for recreation). 2.Nature of work. Creative work vs. listing of facts. 3.Amount of work used. Major factor! 4.Effect of use on marketplace. Major factor! Did use result in lower income for author? Most important!

What Can Teachers Do? You can… –make copies of copyrighted material… –show a legal copy of a DVD or video (must be part of the lesson plan)… …for instructional use only, as long as there is no significant loss of revenue to author.

What Can Teachers Do? Link to a video on YouTube or TeacherTube. Use resources from online databases (like Ebsco Host). Use Flickr and similar Web sites to find graphics with a Creative Commons License. Use licensed video purchased by a school district from sites such as United Streaming or Safari Montage.

Creative Commons License Creative Commons is a recent alternative to traditional copyright. –Changes from “all rights reserved” to “some rights reserved” (6 options to elect). –Creators/authors choose a set of conditions they wish to apply to their creative work. Creative Commons is agreed upon by the Internet community. Not run by the government.

Creative Commons Options 1.Attribution –Lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. 2.Attribution, Share Alike –Lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms.

Creative Commons Options 3.Attribution, No Derivatives –Allows for redistribution, commercial and non- commercial, as long as it is passed along unchanged and in whole, with credit to you. 4.Attribution, Non-commercial –Lets others remix, tweak, and build upon your work non-commercially. Although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

Creative Commons Options 5.Attribution, Non-commercial, Share alike –This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can produce new material based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature.

Creative Commons Options 6.Attribution, Non-commercial, No derivatives –Allows redistribution. Often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially.

6 Creative Commons Options 1.Attribution 2.Attribution, Share Alike 3.Attribution, No Derivatives 4.Attribution, Non-commercial 5.Attribution, Non-commercial, Share alike 6.Attribution, Non-commercial, No derivatives

New Creative Commons Option Open Educational Resources –New option for creators/authors. –Under development. To learn more: creativecommons.org

Questions 1.When can a teacher legally make copies of copyright material? A teacher can make legal copies of copyright material for instructional use only, as long as there is no significant loss of revenue to author. View Answer

Questions 2.What are Fair Use Guidelines? If a teacher is questioned about violation of copyright law, these 4 guidelines will be used to determine outcome of the case. The amount of work used and loss of revenue to the author are considered heavily! View Answer

Questions 3.What is Creative Commons Licensing? Creative Commons is a modern version of copyright, agreed upon by the Internet community. It reserves rights of authors and creators. View Answer

Remember Use of duplicated copyrighted materials must be an integral part of class, and must represent no significant loss of revenue for the author. Duplicating entire copyrighted materials for students instead of purchasing them is wrong. Creative Commons is a new form of copyright accepted by the Internet community. End