Fair Use and Public Domain

 Students will be able to… ◦ Define copyright ◦ Identify the rights of the copyright holder ◦ Explain why copyright is important ◦ Recognize and apply the four factors of fair use ◦ Define public domain ◦ Identify materials that are in the public domain

 Copyright has existed for centuries to protect the work of authors and other creative artists. ◦ Originated from English common law to control the copying of materials. ◦ The first president, George Washington, signed the first U.S. copyright law in ◦ The current law was written in 1976 and has been revised almost annually. (Simpson, 2005)

 Under the law, the individual or entity that owns the copyright of a work has the following rights: ◦ Reproduction: making copies ◦ Adaptation: changing a work in some way ◦ Distribution: giving the work to others* ◦ Public Performance: playing/performing a work in front of others (people outside your family) ◦ Public Display: displaying a work for others to view ◦ Digital Transmission of Sound Recordings: capturing audio files on the internet and burning CDs/file sharing * First Sale Doctrine: Allows you to sell a previously purchased work (e.g. CD or book). (Simpson, 2005)

 It is the law and there are serious consequences for violating it. Individuals may be fined or in more serious cases they can be charged with a felony.  The recording industry has launched numerous lawsuits regarding piracy on the internet: ◦ The music industry filed 14,000 copyright infringement lawsuits against song swappers in 2004 and (Graham, 2005) ◦ A Texas high school student was sued by the Recording Industry Association of America and the court ordered her to pay $27,750 for file sharing 37 songs. That is $750 per song! (Kravats, 2010) ◦ In another case, a Boston College student was ordered to pay $650,000 dollars in fines for file sharing 30 songs. (Kravats, 2010)

 You are a copyright holder! ◦ Remember that self-portrait you made in the 4 th grade? Under the copyright law you are the copyright holder of that work. ◦ Once a work is created, you automatically have copyright.

 Fair use is a doctrine that permits educators and students to use copyrighted work in a fair and responsible manner. All of the four factors of fair use must be met in order to use a copyrighted work.  The four factors of fair use tell us whether or not we can use a work: ◦ Purpose and Character of Use ◦ Nature of the Copyrighted Work ◦ Amount of Work to be Used ◦ Effect of use on the Market/Value of the Work (Simpson, 2005)

Purpose and Character of Use Nature of the Copyrighted Work  For educational/nonprofit use.  The work is factual and is unpublished. (Simpson, 2005)

Amount of Work Used Effect of Use on Market/Value of the Work  Using a small amount of the work and not all of it (e.g. a paragraph from a book, an excerpt from a poem, thirty seconds of a song)  Using the work does not deprive the creator or entity holding the copyright of any sales/does not affect profit (Simpson, 2005)

 Public domain includes works that are not or no longer under copyright. ◦ U.S. Government documents, images, videos, etc.  Any websites ending in.gov: NASA, USGS, etc. ◦ Factual documents  Phone book ◦ Works created before 1923  Shakespeare’s plays and Emily Dickinson’s poems ◦ Authors who have waived copyright  Creative commons (Simpson, 2005)

 You may use materials in the public domain without fear of violating copyright laws.  Useful Websites: ◦ PD-Info   Information on music in the public domain and royalty free music ◦ Public Domain Pictures   A repository of free public domain photos. You can even upload your own photos and share with others. ◦ Gutenberg   A library of more than 25,000 free e-books

1. What is copyright? Copyright is when an individual retains the right to reproduce, adapt, distribute, perform, and display an original work. For sound recordings, the creator also retains the right of digital transmission. Copyright is when any individual is free to use a work as needed. This includes the right to reproduce, adapt, distribute, perform, and display an original work as well as digitally transmit sound recordings.

Correct! Copyright means that the creator or controlling entity holds the six rights of copyright: 1) reproduction; 2) adaptation; 3) distribution; 4) public performance; 5) public display and; 6) digital transmission of sound recordings

2. What can happen if someone infringes a copyrighted work? The person will have to pay a fine The person may have to go to court The person may be convicted of a felony All of the above

Paying fines, going to court, and criminal charges are all possible consequences of violating copyright. Correct!

3. Which of the following is a factor of fair use? Nature of Work Duration of Copyright Public Domain

Nature of the copyrighted work is one of the four factors of fair use. The other three are 1) purpose and use of character; 2) amount of work to be used and; 3) effect of use on the market/value of the work. Correct!

4. True or False: Is it okay under fair use to use an entire copyrighted song in a PowerPoint presentation? TRUEFALSE

Fair use does not allow you to use an entire copyrighted song in a PowerPoint presentation. You may use 10% or 30 seconds (whichever is less) of a copyrighted song for a multimedia presentation. Correct!

5. Which of the following is in the public domain? Stephanie Meyer’s Twilight Shakespeare’s Romeo and Juliet Rick Riordan’s The Red Pyramid

Shakespeare’s works were written long before 1923 and therefore are in the public domain. Meyer’s Twilight (2005) and Riordian’s The Red Pyramid (2010) were recently published and will be under copyright for the duration of their lives plus 70 years! Correct

Graham, J. (2005, September 6). Court cases don’t scare music file swappers away. USA Today. Retrieved from: 06-file-swapping_x.htm Kravets, D. (2010, February 26). Former teen cheerleader dinged $27,750 for file sharing 37 songs. Wired. Retrieved from: /former- teen-cheerleader-dinged for-infringing-37-songs/ Simpson, C. (2005). Copyright for schools: A practical guide, fourth edition. Worthington, OH: Linworth Books. END SHOW

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