The Basics of Copyright Law

How does copyright pertain to Extension agents? Responsible for making newsletters attractive Pull images from the web to use on flyers Use the web to find filler information

What is copyright? Form of protection provided to the authors of “original works of authorship,” including: literary dramatic musical artistic certain other intellectual works

Copyright Facts Protection is available to both published and unpublished works Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author Works by the U. S. government are not eligible for U. S. copyright protection.

Form of Copyright Notice Symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.” Year of first publication of the work © 2010 Martha Stewart Living Omnimedia, Inc. All rights reserved

Form of Copyright Notice The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

HSW-PLS. 750 Adapted for use in Kentucky from Wellness in the Rockies: WIN (Wellness IN) Kids, Betty Holmes, et al., University of Wyoming, Cooperative Extension Service, {Wellness in the Rockies was supported by award through IFAFS (Initiative for Future Agriculture and Food Systems)Competitive Grants Program/USDA to the Cooperative Extension Services of University of Wyoming, Montana State University and University of Idaho.} Graphic design by:Rusty Manseau, B.A. JournalismGraphic Artist, University of Kentucky HEEL program Pam Sigler, B.S., M.S., Extension Specialist February 2009 Educational programs of Kentucky Cooperative Extension serve all people regardless of race, color, age, sex, religion, disability, or national origin. Example: Wellness In Kentucky

The Copyright Owner Rights Reproduce the work in copies or phonorecords Prepare derivative works based upon the work Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending Display or perform the work publicly.

More Facts It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright In the case of works made for hire, the employer and not the employee is considered to be the author

What Works Are Protected? literary works; 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

More Facts The University of Kentucky holds the copyright for all materials that a county office produces and distributes A violation of copyright in a county newsletter or in lesson materials makes the University responsible for violation

What Is NOT protected by copyright? Works that have not been fixed in a tangible form of expression (for example, improvisational speeches or performances that have not been written or recorded) Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration Works consisting entirely of information that is common property (for example: standard calendars, height and weight charts, tape measures and rulers)

What is NOT protected from copyright ? Titles, names, short phrases, and slogans; familiar symbols or designs; lettering, or coloring; mere listings of ingredients or contents

Fair Use Factors include: Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes Nature of the copyrighted work Amount of the portion used in relation to the copyrighted work as a whole Effect of the use upon the potential market for or value of the copyrighted work

Copyright Infringement Anyone who violates any of the exclusive rights of the copyright owner or of the author as provided in is an infringer of the copyright or right of the author.

Fair Use Do not assume that a nonprofit, educational use, or giving credit for the source of the work, or that limiting access to materials to students in the class creates an inherent fair use.

Gaining permission to use copyrighted material Step One: Select the work to be used Step Two: Is permission required in order to use the work? Assume all works are copyrighted. After careful investigation, if you cannot determine whether a work is copyrighted, secure permission to use that work.

Release Form Use UK Copyright Release Request Form

Terms of Use Policy All Website materials, including, without limitation, the Allrecipes.com logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, "Content") are either ALL RIGHTS RESERVED Copyright © 2000 Allrecipes.com or are the proprietary property of Allrecipes.com's affiliates or licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Allrecipes.com is strictly prohibited.

Works in print Copyright Clearance Center can grant permission for use of thousands of text-based works.

Online works Online works (websites) The most efficient way to get permission to use a copyrighted work from a webpage is to contact the owner or author of the webpage. In some cases, you may be directed to an organization such as the CCC or Icopyright.com in order to get permission.

Copyright Step Three: Obtaining permission to use a copyrighted work. Keep a detailed record of your quest for obtaining permission. Make a written request Step Four: What can you do if you come to a “dead end” in your quest for obtaining permission for the use of a particular work?

Reprint with permission The University of Kentucky Family and Consumer Sciences Extension has acquired permission of numerous resources for agent use

The development of the HEEL program was made possible by Senator Mitch McConnell with funds earmarked for the University of Kentucky, College of Agriculture, Lexington, KY and budgeted through the CSREES/USDA Federal Administration. Copyright 2008©for materials developed by University of Kentucky Cooperative Extension. This publication may be reproduced in portions or its entirety for educational or nonprofit purposes only. Permitted users shall give credit to the author and include this copyright notice. Educational programs of the Kentucky Cooperative Extension serve all people regardless of race, color, age, sex, religion, disability, or national origin. Terms of Use Policy on LEAP materials

When you reach a Dead End… Return to fair use Replace the materials with alternative works Alter your planned use of the copyrighted works Conduct a risk-benefit analysis – always contact the University first

Using Social Media YouTube Facebook Blogs

Copyright Resources The Copyright Management Center The U.S. Copyright Office

Joan Bowling, B.S. Family and Consumer Sciences Extension Agent for Kenton County Revised by: Patty Poor, M.S. Family and Consumer Sciences Extension Agent for Grant County Pam Sigler, M.S. Extension Specialist April, 2010 Educational programs of Kentucky Cooperative Extension serve all people regardless of race, color, age, sex, religion, disability, or national origin. Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, M. Scott Smith, Director of Cooperative Extension Service, University of Kentucky College of Agriculture, Lexington, and Kentucky State University, Frankfort. Copyright © 2006 for materials developed by University of Kentucky Cooperative Extension. This publication may be reproduced in portions or its entirety for educational or nonprofit purposes only. Permitted users shall give credit to the author(s) and include this copyright notice. Publications are also available on the World Wide Web at Revised 04, 2010