Copyright and Fair Use What you need to know! Mastery objective: Students will be able to define copyright and fair use and discuss how copyright and fair use applies to them as users and creators of information.

Copyright and You Does anyone have a MySpace or Facebook page? Has anyone posted anything on Youtube? Has anyone posted any comments on any blog? THEN, YOU ARE CREATORS OF INFORMATION and YOUR WORK IS COPYRIGHTED!!!

Understanding COPYRIGHT “All tangible, creative works are protected by copyright immediately upon creation.” Quoting or crediting the author of a copyrighted work does not satisfy copyright requirements Try to get permission!!!! Star, Linda. "The Educator's Guide to Copyright and Fair Use." Education World 23 Aug Mar

What is a Copyrightable Work? Must be TANGIBLE  Has to be written or captured in some format (video, music, etc) Must be CREATIVE  Facts are not copyrightable  Still need to cite source, but citing is sufficient Public domain works are excluded Cite everything thoroughly!! (for teachers too!!)

Get permission if possible Mr. Noecker – Math website Posted with permission of Bill Amend

Can you use copyrighted works in your projects? Fair Use guidelines Allows for certain uses of copyrighted material, even without written permission of the author NOT EVERYTHING Not a license to just steal anything because it is for educational use – still guidelines need to be followed

What is the Doctrine of Fair Use? The Doctrine of Fair Use states the right to use copyrighted materials freely without payment or permission for purposes such as “criticism, comment, news-reporting, teaching, scholarship, or research, is not an infringement of copyright.  Section 107; Copyright Act of 1976

Understanding FAIR USE Copyright Law 1976 – factors to determine fair use 1. Purpose and character of the use, including if it is commercial or for nonprofit educational use 2. Nature of copyrighted work 3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. Effect of the use upon the potential market for or value of the copyrighted work

Transformative Use is Fair Use Transformative nature of the use of the copyrighted work Is the work transformed by the end product? How is it used? To be “fair use”, must be transformative use

Online Posting (websites) Watch what you post Different to post publicly copyrighted material versus private use

Multimedia Projects You should : Fully credit all sources for text, images, videos, music (or they are violating copyright laws) State on the opening screen that materials are included under fair use guidelines Only use what is necessary for educational/academic goal Product should meet transformative standard

Internet is NOT public domain INTERNET IS NOT PUBLIC DOMAIN Copyrights still apply, even if a work is available online Cannot just copy and paste

FAIR USE – Key Points “Fair use is flexible; it is not unreliable” Fair use determined by user and past practice Still must follow guidelines "Code of Best Practices in Fair Use for Media Literacy Education." Center for Social Media. School of Communication, American University. 5 Mar

FAIR USE – 2 Questions 1. Did the use transform the work? 2. Was the material taken appropriate in kind and amount?  Did it follow the guidelines?  Did the use cause any financial harm to the owner?  Did the user act reasonably and in good faith?

FAIR USE Keep in mind these points:  Apply to all forms of media  Apply in school and non-school settings  Concern the unlicensed fair use of copyrighted materials for education, not the way those materials were acquired  Subject to a “rule of proportionality” – taking just what is needed to accomplish an educational purpose "Code of Best Practices in Fair Use for Media Literacy Education." Center for Social Media. School of Communication, American University. 5 Mar

Cite all materials!!!

FAIR USE – For more information end-to-copyright-confusion-has-arrived- presentation end-to-copyright-confusion-has-arrived- presentation blications/code_for_media_literacy_education/ blications/code_for_media_literacy_education/

References “The Code of Best Practices in Fair Use for Media Literacy Education." Center for Social Media. School of Communication, American University. Nov Mar Star, Linda. "The Educator's Guide to Copyright and Fair Use." Education World 23 Aug Mar

COPYRIGHT QUIZ On class projects page