COPYRIGHT IS A FORM OF PROTECTION GROUNDED IN THE U.S. CONSTITUTION AND GRANTED BY LAW FOR ORIGINAL WORKS OF AUTHORSHIP FIXED IN A TANGIBLE MEDIUM OF EXPRESSION. COPYRIGHT COVERS BOTH PUBLISHED AND UNPUBLISHED WORKS. Copyright What Is It?

What Are The Owner’s Rights? Owners of copyrighted materials have the exclusive right, by law to: * Copy or reproduce work * Create derivative works * Distribute copies for sale * Perform publicly * Display publicly

What Can Be Copyrighted? Literary works Musical works, including any accompanying words Dramatic works, including accompanying music Choreographic and pantomime works Graphic, pictorial, & sculptural works Motion pictures & other audiovisual works Architectural works Sound recordings

Is Copyright Automatic? Copyright is effective when a work is fixed in a tangible form. No need to include copyright symbol. The copyright is automatic as soon as the work is created and fixed. However, you can put a © on everything you create if you so choose.

What Are the 4 Factors of Fair Use? 1. Purpose and character of your use 2. Nature of the copyrighted work 3. Amount and substantiality of the portion taken 4.Effect of the use upon the potential market. Acronym = PANE

1. Purpose & Character of Use Various purposes for which the reproduction of a particular work may be considered fair: Criticism & Comment including Parodies News reporting (source credited) Teaching / Educational Purposes Scholarship Research Non-profit - Not saved for more than 2 years

2. Nature of the Copyrighted Work Is the work Factual in Nature?  Scientific, Technical, Scholarly, etc.  Did the work earn the copyright holder an award or distinction?  Monetary implications Is the work Creative in Nature?  Plays, photographs, poems, paintings, fictional works, etc. Fine line between unprotected “facts and ideas” & protected “expression”

3. Amount Taken 10% or 1,000 words of a book 1 Poem or 250 words (from 1 published work, not 1 author) No more than 1 article or 2,500 words 1 Image from a specific source (In print or online) 30 Seconds of a song (including background music)

4. Effect Upon the Potential Market Not harmful to the author  -Will the author/publisher/anyone else lose money if you use the material?  What is the effect of the use on marketability and value of the original copyrighted work? Work can not be available for purchase  10 day guideline for TV Need to purchase the work  Are you promoting the work or just giving it away?  Book covers = gray area

What Are the Copyright Terms? Anything published before 1923 is in the Public Domain (Works that no longer have Copyright protection). Created between copyrights can be renewed for a total of 67 years. If works are not renewed, go into Public Domain. Created between copyright automatically renewed for 95 years from creation date. Created after January 1, 1978 the copyright is automatically renewed for 120 years after creation date or 95 years after publication date.

Staying Copyright Compliant Get permission from source Use Public Domain materials  No longer have copyright protection Purchase Licensing  Annual fee to cover the use of copyrighted materials for non-educational activities. Fair Use – 4 Factors  Interpretive, many gray areas  Just because you are not profiting from a work does not mean the use of it is copyright compliant!

Copyright and Fair Use Resources for Teachers University of Minnesota Libraries Website  Printable, helpful chart available at United States Copyright Office Library of Congress Tutorial for Students & Teachers ISLMA (Illinois School Library Media Association) The Copyright Site Creative Commons

Getting Permission United States Copyright Office Copyright Licensing Organizations & Publications Rights Clearinghouses Copyright Kids! Copyright Clearance Center Music Publishers Association

Ethics Model how we want students to behave:  Credit Sources  Respect Rules & Other’s works  Teach the 4 Factors of Fair Use = Copyright compliance  Use tutorials, You Tube videos, & model examples of Copyright infringement  High interest level for students  Ask for Permission when necessary