Copyright and Fair Use What you need to know!

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 – try to use an image in the public domain Cite everything thoroughly!! (for teachers too!!)

Public Domain Government agency Library of Congress image collections Image from a school or public library database STILL MUST CITE THE IMAGE – the “public domain” images simply allow them to be used, but they still must be cited properly

Get permission if possible Permission – 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

When Creating Websites You should : Fully credit all sources for text, images, videos, music (or they are violating copyright laws) State at bottom of page that materials are included under fair use guidelines Only use what is necessary for educational/academic goal Product should meet transformative standard Cite images either: directly below image or separate page that is linked to each image

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 – 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 Test your copyright knowledge!!