Copyright in a Digital Age February 2008 PETE & C Susan E. Kell

Contact Information Susan E. Kell Instructional Advisor for Library Media West Shore School District 507 Fishing Creek Road Lewisberry, PA m?subpage=17348

Let’s start with a short quiz! Don’t call out the answers. Don’t call out the answers. I’ll supply the correct answer after everyone has a chance to select their answer. I’ll supply the correct answer after everyone has a chance to select their answer.

Which of the following are copyrighted? A song you write A song you write Your lesson plans Your lesson plans A book report written by a student A book report written by a student A photograph you take of your pet cat A photograph you take of your pet cat The home video from your last family reunion The home video from your last family reunion

Which of the following are copyrighted? A map of Yellowstone on the National Park Service’s web site A map of Yellowstone on the National Park Service’s web site A map on Google maps A map on Google maps A map you draw of your neighborhood A map you draw of your neighborhood

Which of the following are copyrighted? The original musical scores written by Mozart The original musical scores written by Mozart The Peter Rabbit and friends books written by Beatrix Potter The Peter Rabbit and friends books written by Beatrix Potter Mickey Mouse Mickey Mouse

What is Copyright? A form of protection provided by law in the United States to authors of original works. A form of protection provided by law in the United States to authors of original works. Copyright gives an author Copyright gives an author The right to reproduce and/or distribute their work The right to reproduce and/or distribute their work The right to display or perform their work publicly The right to display or perform their work publicly The right to prepare derivatives of the original work The right to prepare derivatives of the original work

What Materials are Copyrighted? Anything that you create is automatically copyrighted. Anything that you create is automatically copyrighted. Written works Written works Sound recordings, song lyrics and/or music Sound recordings, song lyrics and/or music Works of art Works of art Video and motion picture works Video and motion picture works Architectural works Architectural works

How do you copyright work? Just the fact that you created a work means it is copyrighted (since 1978) Just the fact that you created a work means it is copyrighted (since 1978) You do not need to use the © You do not need to use the © Works created before 1978 could be copyrighted by publishing the work with the © symbol Works created before 1978 could be copyrighted by publishing the work with the © symbol

Registering Copyrighted Works In order to file a copyright infringement lawsuit, a creative work must be registered with the U.S. Copyright Office. In order to file a copyright infringement lawsuit, a creative work must be registered with the U.S. Copyright Office. The cost is nominal. The cost is nominal. You will need to send 1-2 copies of the work with your application and these copies will not be returned. You will need to send 1-2 copies of the work with your application and these copies will not be returned.

Fair Use Guidelines Are a part of the US Copyright Act. Are a part of the US Copyright Act. Allow teachers and students the ability to use copyrighted materials for educational purposes. Allow teachers and students the ability to use copyrighted materials for educational purposes. There is a four part test that determines if the use of a copyrighted material is fair use. There is a four part test that determines if the use of a copyrighted material is fair use.

The Four Factors that Determine Fair Use The purpose and character of the use The purpose and character of the use The nature of the copyrighted work The nature of the copyrighted work The amount of the work used The amount of the work used The effect of the use on the marketplace The effect of the use on the marketplace

There is no legal, definitive list of what constitutes fair use Charts have been made by several organizations to try to quantify how much of an item can be used under fair use. Charts have been made by several organizations to try to quantify how much of an item can be used under fair use. The only true test of whether the educational use of a copyrighted work constitutes fair use is the court system. The only true test of whether the educational use of a copyrighted work constitutes fair use is the court system.

There are some alternatives to Copyright Creative Commons provides an alternative for licensing works Creative Commons provides an alternative for licensing works

There are some alternatives to Copyright Copyleft is an organization like Creative Commons Copyleft is an organization like Creative Commons

What is a Digital Resource? Web site Web site Information stored on a computer-type device Information stored on a computer-type device Desktop or laptop computer Desktop or laptop computer Digital still or video camera Digital still or video camera iPod, MP3 player, GPS device iPod, MP3 player, GPS device Cell phone, PDA Cell phone, PDA Information stored on a USB drive, DVD, or CD Information stored on a USB drive, DVD, or CD

How are Digital Resources Different? Digital Millenium Copyright Act Digital Millenium Copyright Act Updates copyright law for the digital world. Updates copyright law for the digital world. Makes tampering with security features that prevent duplication of copyrighted works illegal. Makes tampering with security features that prevent duplication of copyrighted works illegal. Allows some rights for libraries to make archival copies in some cases. Allows some rights for libraries to make archival copies in some cases. Provides fair use of digital resources for educational purposes. Provides fair use of digital resources for educational purposes.

How are Digital Resources Different? TEACH Act TEACH Act Provides framework for use of digital copyrighted materials in Distance Education. Provides framework for use of digital copyrighted materials in Distance Education. Copies of materials used must be lawfully obtained. Copies of materials used must be lawfully obtained. Materials must be part of the planned instructional program. Materials must be part of the planned instructional program. Access to copyrighted materials must be limited to class members (passworded, Intranet, etc.). Access to copyrighted materials must be limited to class members (passworded, Intranet, etc.).

Licensing Content Many companies license their content to educational and corporate entities. Many companies license their content to educational and corporate entities. Licensing is the right to use materials under the term of the license agreement. Licensing is the right to use materials under the term of the license agreement. Licenses for online content are usually for one year with renewals needed for subsequent years of use. Licenses for online content are usually for one year with renewals needed for subsequent years of use. The purchaser of the license must agree to the terms of use for that license. The purchaser of the license must agree to the terms of use for that license.

What Types of Resources are Licensed? Online databases such as World Book Online, eLibrary, etc. Online databases such as World Book Online, eLibrary, etc. Computer software (Microsoft Office, iLife, iWork, Adobe Creative Suite, etc. Computer software (Microsoft Office, iLife, iWork, Adobe Creative Suite, etc.

What about Digital Video? Some online databases contain embedded digital video clips. Some online databases contain embedded digital video clips. Always purchase from an educational reseller. Always purchase from an educational reseller. Look for copies with public performance licenses. Look for copies with public performance licenses. Digital video can be licensed through Movie Licensing USA for entertainment purposes in education. Digital video can be licensed through Movie Licensing USA for entertainment purposes in education. Consider licensing content through a provider like United Streaming or Safari Montage. Consider licensing content through a provider like United Streaming or Safari Montage.

How can students and teachers use images/video legally in projects or instructional materials? Use online databases licensed by your school district. Use online databases licensed by your school district. Use images/video in United Streaming or a similar digital multimedia service. Use images/video in United Streaming or a similar digital multimedia service. Use a web site like flickr and look for photos that have Creative Commons licensing. Use a web site like flickr and look for photos that have Creative Commons licensing. Ask permission from the copyright holder. Ask permission from the copyright holder.

Check out this video J-I8x8 J-I8x8 J-I8x8 J-I8x8

Copyright for Music Several types of copyright protections apply to music. Several types of copyright protections apply to music. Musical scores can be copyrighted. Musical scores can be copyrighted. Words of songs can be copyrighted. Words of songs can be copyrighted. Performances of music can be copyrighted. Performances of music can be copyrighted. Any or all of the above may apply to a particular piece of music. Any or all of the above may apply to a particular piece of music.

And what about music? Royalty free music collections are available for purchase from companies for educational use. The Internet is filled with a variety of options. Royalty free music collections are available for purchase from companies for educational use. The Internet is filled with a variety of options

And what about music? Encourage students to use royalty free music found on the following web sites: Encourage students to use royalty free music found on the following web sites: ght-friendly+music+and+sound ght-friendly+music+and+sound ght-friendly+music+and+sound ght-friendly+music+and+sound index.html index.html

And what about music? Encourage students to use royalty free music found on the following web sites: Encourage students to use royalty free music found on the following web sites: P3/people_mp3.html P3/people_mp3.html

What should educators really know? Part 1 Fair use of copyrighted materials must be an integral part of a class. Fair use of copyrighted materials must be an integral part of a class. Movies shown as a reward do not qualify as fair use. Movies shown as a reward do not qualify as fair use. Rampant duplication of materials instead of purchasing instructional materials is not fair use (effect on the market). Rampant duplication of materials instead of purchasing instructional materials is not fair use (effect on the market).

What should teachers really know? Part 2 Encourage students to use online databases to find images and video used in student projects (Power Library or locally funded). Encourage students to use online databases to find images and video used in student projects (Power Library or locally funded). Discourage surfing the Internet for factual information and images for student projects. Discourage surfing the Internet for factual information and images for student projects. Encourage the use of government sites for images. Encourage the use of government sites for images.

What should teachers really know? Part 3 Citing a work is not the same as having permission to use the work. Citing a work is not the same as having permission to use the work. Asking for permission to use is always a good option. Asking for permission to use is always a good option. Copying a work and changing a few words is not fair use. Copying a work and changing a few words is not fair use. Students have broader rights under fair use than teachers. Students have broader rights under fair use than teachers.

Beware of Web Content Unless you know the owner of the web site to be a reputable company, beware of any “free” images or music. Unless you know the owner of the web site to be a reputable company, beware of any “free” images or music. Realize that web site owners sometimes embed spyware or other unwanted software in content from their site. Realize that web site owners sometimes embed spyware or other unwanted software in content from their site. Don’t allow students to use content from any web site that requires them to register and provide personal information. Don’t allow students to use content from any web site that requires them to register and provide personal information.

Final Advice to Educators We must understand the basics of copyright. We must understand the basics of copyright. We have a responsibility to model compliance to copyright. We have a responsibility to model compliance to copyright. We should always ask for permission to use works that are likely not fair use. We should always ask for permission to use works that are likely not fair use. We must insure that students use information for projects in an ethical manner. We must insure that students use information for projects in an ethical manner.