Copyright and the press By Jill Jones AIPA Fall Convention / September 2011 AIPA Fall Convention / September 2011

Sources:   "Digital Copyrights" Welcome to Vegas Baby!   Scroll down to the grid that is labeled: Free Presentations and Videos You May Distribute.   Presented by: Barry S. Britt, Soundzabound Royalty Free Music (11/16/07)  Open Educational Resources: Share, Remix, Learn     Presented by: Karen Fasimpaur

What is copyright?  Copyright is a form of protection given to the authors or creators of “original works of authorship,”  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;  display your work publicly (any material used on the Internet);  make “derivative works”

What is copyrighted?  literary works (which includes computer software);  musical works, including any accompanying words;  dramatic works, including any accompanying music ;  pantomimes and choreographic works;  pictorial, graphic, and sculptural works;  motion pictures and other audiovisual works;  sound recordings  architectural works.

What isn’t copyrighted?  Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices,  (but written or recorded descriptions, explanations, or illustrations of such things are protected copyright);  Titles, names, short phrases, and slogans; mere listings of ingredients or contents  (but some titles and words might be protected under trademark law if their use is associated with a particular product or service);  Works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down;  Works consisting entirely of information that is commonly available and contains no originality (facts)  (for example, standard calendars, standard measures and rulers, lists or tables compiled from public documents or other common sources);  Works by the US government.

Copyright quote:   “Every person who writes a document published on the internet, who creates a graphic or icon, who scans his own photograph or records his own voice into a digital file, who sends an electronic mail message, who creates a document for a newsgroup, or who designs a web page owns the copyright to his creative work.” - Carol Simpson, “Copyright for Schools”

Copyright law  In general, it is illegal for anyone to do any of the things listed above with a work created by you without your permission.  There are some exceptions and limitations to your rights.

Fair Use  "Fair Use," allows for limited copying of copyrighted works for educational and research purposes.  Reproductions that are not infringement:  Criticism  news reporting  teaching (including multiple copies for classroom use)  Scholarship  research

Fair Use  the purpose and character of the use, such as for nonprofit educational purposes  the nature of the copyrighted work  the more factual and less creative the work, the more likely it will be fair use;  the amount of the portion used in relation to the copyrighted work as a whole  the more taken the less likely to be fair use; and  the effect of the use upon the potential market for or value of the copyrighted work  in other words, is the use taking away from the copyright owner money that the she might have been making from the work.

Main points in fair use guidelines:  Must be relevant to course content  Used in face-to-face instruction or on a closed network  One time use  No duplication for distribution  Credit / cite the copyright holder

What does this mean to journalists?   It is best not to break the law in the field in which you work.   A state trooper shouldn’t speed   If you work for the DEA, don’t take illegal drugs   If you work in education, don’t break copyright laws, especially knowingly.   Get educated on what the law really says. Don’t go by hearsay.

Remember LEO  Legal  The law is the law, and have a responsibility to obey the law in our classroom setting.  Ethical  If we do not obey the copyright laws, then what are we teaching our readers about ownership and legal issues?  Ownership  You do not own the music or material. It is not yours to use outside of home and personal use.

Some examples:   We’re studying classical music in our appreciation class. Can we use a Mozart song in a PowerPoint presentation?   Answer: Yes. You can use 10% or 30 seconds. How else is your class going to know about Mozart if they don’t hear it!   Do I need permission to put a link to another website on my page?   Answer: No. Links are not copyrighted, however, be careful not to link deeper than the main page.

Examples:   I printed out some pages from the internet that pertains to my lesson, is this okay?   Answer: Yes. Just don’t print the entire item. For example, if it’s and excerpt from USA Today, just print the related article, NOT the entire publication for that day.   I know that some teachers are showing movies as “rewards” for students, should I be concerned?   Answer: Absolutely you should be concerned. Movies that are not specifically licensed for your school are for home and personal use only.

Examples:   We did a pod-cast for teaching physical education to special education students at remote locations using pieces of copyrighted music. Are we ok in this?   Answer: No you’re not ok, unless you have written permission from the copyright holder.   Can we post our pod-cast on our website?   Answer: Depends. If you own every aspect of the podcast as your sole creation, sure. If you’ve incorporated other copyrighted works for which you do not have permission to use, then the answer is “no”.

Examples:   Is it ok to use pieces of copyrighted music in our pod-cast?   Answer: Not unless you have written permission from the copyright holder.   We just completed our video yearbook, can we post that at on youtube? And, can we post it as well on our website?   Answer: The answer is “yes” only if you own and created all the contents. If you’re using copyrighted music or images you do not have written permission to use, then the answer is “NO”.

What can we do to be compliant?  Use only course related content – don’t “stretch it.”  Ask permission  Consider all aspects of fair use  Develop a school or class copyright policy statement  Create your own music, images, videos, etc.  Use works from public domain or creative commons  Use royalty-free music  Use photos from a subscription service

Traditional copyright - all rights reserved Public domain - unrestricted use Copyright with open licenses - some rights reserved

 Attribution (BY)  Non-commercial (NC)  No derivatives (ND)  Copyleft  Share-Alike (SA)‏  Recommended for education: CC BY

Creative Commons:  CC BY – You can use however you want; just cite the source.  CC BY SA – You can use however you want, but you must cite the source AND license your work under a sharing license.  CC BY NC – You can use only if it is noncommercial (you can’t charge $); cite the source.  CC BY ND – You can use the work but you can’t change it or put it into a bigger work; also cite the source.

Others:  GFDL – Share-alike license used by Wikipedia and others.  Public domain – not copyrighted; you can use however you like.  Custom licenses (e.g. morguefile and Stock.XCHNG)‏

Citing Sources  ALWAYS cite sources  Can be under the image or at the end in credits  Screen names are ok  (optional) Include source URL

Content – General Multimedia  Photos and video  Flickr (CC)‏ Flickr  The Open Photo Project The Open Photo Project The Open Photo Project  Wikipedia/Wikimedia Commons Wikimedia CommonsWikimedia Commons  NextVista NextVista  Music and sound  ccMixter ccMixter  MusOpen MusOpen  The FreeSound project The FreeSound project The FreeSound project

Places to Search for CC Content  Flickr  Advanced search  Google Images Google Images Google Images  Advanced search  Picasa  Show options  Creative Commons site Creative Commons site Creative Commons site  Wikipedia – click on picture Wikipedia

Open for questions / discussion

Resources:  US Copyright Office    10 big myths about copyright explained    Copyright Kids    Copyright – Cyberbee    Copyright – Wikipedia   en.wikipedia.org/wiki/Copyright

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