Copyright and Student Media If it’s not yours, think twice! Candace Perkins Bowen Kent State University THSPA, Oct. 23, 2007

Violating copyright is… Using someone else’s original work without obtaining the copyright owner’s permission first. Usually it’s best to get that permission in writing.

Ways to protect intellectual property  Copyright - protects creative works  Trademark - protects business symbol  Patent - protects inventions And somewhat related…  Plagiarism, not a legal issue but an ethical one

Copyright protects  YOU, the student journalist who creates things  OTHERS who have created photos, stories, art, etc.

When is something copyrighted? The minute it is created. And it doesn’t need the © However, if you register the copyright, you can collect damages if others use your work without your permission.

How long does it last? Not forever. That’s why you can print Shakespeare’s words. But if you want to check for sure, use the SPLC copyright calculator:

Do YOU own your photos, art and stories? Probably. Although employers often own the copyright to their employees’ creative “work for hire,” most high school students are considered “independent contractors” and own their copyright. Check your policy.

What are owners’ rights? To reproduce the work  To reproduce the work  To distribute copies of the work  To make “derivative” works  To perform or display publicly

That protects YOUR work, but what can you use from others? I can download LOTS of things!

Copyright applies to the Internet, too! Just attributing to the source is NOT the same as getting permission. Photo compliments of cnn.com

Can you use these? Photo by John Smith, cnn.com White House photo by Eric Draper

Yes and no…  Photo #1 comes from a government site so you may use it.  Photo #2 comes from a commercial news site so you can NOT use it without permission.

Another good.gov site: FEMA for disaster and weather  FEMA for disaster and weather News media section includes photos in a searchable data- base and details for the correct way to attribute.

Fair Use is also an exception. A small amount of some materials can be used for news or educational purposes.

According to the SPLC, look at these four angles:  What is the purpose of the use?  What is the nature of the copyright-protected work?  How much of the original work is used?  What is the effect of the use on the potential market value of the original work?

Things to keep in mind: Is the copyrighted work you want to include newsworthy?  Is the copyrighted work you want to include newsworthy?  Are you sure the original won’t lose value because of your use?  How little can you use? NOTE: Contrary to what some believe, no absolute limit applies -- not less than 10 percent or fewer than 250 words or shorter than 30 seconds of a song.

How about CD covers?  Using a small photo of the cover of a CD you are reviewing is probably OK, though the smaller the better.

Applying the Fair Use test:  Purpose? Yes, it’s to critique the CD.  But it’s creative & you’re using all of it.  However, you may even be enhancing the music’s value. Bottom line: It’s probably OK, especially if it is small.

How about movie shots?  Using a photo to go with a movie review…maybe it’s legal but…

Applying the Fair Use test:  Purpose? Yes, you’re critiquing the movie.  But who owns the visual you want to use?  What if it’s the movie studio?  What if it’s IMDB?  What it it’s a news site?

Check the “Terms of Use” You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Warner Bros. Online. Any authorization to copy Material granted by Warner Bros. Online in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited.

What does that mean for your publication?  DON’T download from news sites  Get permission to use copyrighted works  Use government sites  Subscribe to a service ASNE/MCT Campus High School Newspaper Service  Take your OWN photos if possible

Materials in this presentation came from:  The Student Press Law Center  ASNE High School Journalism Project Highschooljournalism.org  United States Copyright Office  The White House & FEMA