Everything You Need to Know About Copyright and Fair Use An ARH production

You may be wondering…“Why is Copyright so cranky?”

I’m MAD! Nobody seems to know anything about me! I must be the most misunderstood symbol in the world!!

I guess I need to explain myself… Follow along with me and you can learn something new that will make me less cranky!

Let’s Start With… Intellectual Property

“Intellectual Property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.” -- Text quoted from

This includes… Industrial Property Copyright

Copyright entails… Rights for “those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.” -- Text quoted from

Three requirements a creative expression must have to be copyrighted Fixation –must be tangible/fixed in some form (including but not limited to paper, audio file/tape, video, CD, etc.) Originality –original expression (examples range from a book, sheet of music, even , etc.) –Can be partially original (adapted, combined, or transformed works are also eligible for copyright protection Minimal Creativity – includes something “above and beyond the original” (can reference to an original work but discusses something new) –Creativity can be very small/slight

Four Basic Copyright Protections The creator’s right to make copies of their own work The creator’s right to distribute and/or sell their own work The creator’s right to make new works from their protected works The creator’s right to perform/display the work in public

Thanks for listening to my tale! I’m glad you can now all know what I am all about. Hopefully I won’t have a reason to get cranky again…

WAIT A MINUTE! It’s all fine and dandy that people know about you, Copyright. But what about me?!

I don’t understand. Who are you? I’m the Fair Use Fairy! I’m the one who determines how people can fairly use you in the classroom!

Oh… Let me explain…

Four Factors of Fair Use The purpose and character of the use –Ask yourself: Is it a simple copy? Does it go beyond the original work (i.e. used for a new purpose or directed to new audience)? Is it for educational (or non-profit) purposes? The nature of the copyrighted work –Ask yourself: Is the work published or unpublished? Is it out of print? Is it artistic or factual in nature? The amount and substantiality of part used –Ask yourself: How much are you using? Is the amount a reasonable expectation? Will the amount of use negatively affect the author’s economic gain? The effect on the market –Ask yourself: How different is the new use of the work from the original? Once again, who is the audience (is it still the same as the original work)? Does the new work contain anything original (different from the work, or added in to the work to make it different and not take away from the market value)?

Two Primary Questions to Ask… (text quoted from CodeofBestPracticesinFairUse.pdf)CodeofBestPracticesinFairUse.pdf “Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?” (p. 7) “Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?” (p. 7)

If “YES” to those questions… No excessive economic harm should come to the owner, and the use of the material will be considered FAIR!

Another Important Term to Know Transformative

You may be asking… To put it simply…“it's using a work in a new way, serving a new market from the one the original was intended to serve, adding to it, using part of it in another work.” -- Text quoted from Some Examples: Thumbnail of a picture or poster to incorporate into a timeline A song parody A critique of a scholarly article in a school paper ”What does that mean?”

Basically… transforming one product into something new that does not impact the original audience and purpose or detract from the personal gain of the original author.

Fair Use Check List Is it fair? Use this list to find out!

Application (examples taken from TLQuizAnswers)TLQuizAnswers Real Life ScenariosAnswer: Is it Fair Use? “A student snaps in half a CD-ROM the teacher really needed for her next class. The teacher decides to make a back-up copy of all her crucial disks so it never happens again. This is permissible.” (p.1) “True. Technically, this should be done in the library. The law allows archival copies, and, in some cases, lost, stolen, or damaged originals may be replaced with copies if the originals are unavailable or unreasonably priced.” (p.1) “A school has a site license for version 3.3 of a multimedia program. A teacher buys five copies of version 4.0, which is more powerful, and installs them on five workstations in the computer lab. But now when students at these workstations create a project and bring it back to their classrooms, the computers (running 3.3) won't read the work! To end the chaos, it’s permissible to install 4.0 on all machines.” (p.1) “False. Alas, the teacher bought a product that isnt backwards- compatible and should complain to the manufacturer. It's likely the law would deem it reasonable to install 3.3 in the new machines (after removing 4) until the issue is resolved.” (p.1) “A middle school science class studying ocean ecosystems must gather material for multimedia projects. The teacher downloads pictures and information on marine life from various commercial and noncommercial sites to store in a folder for students to access. This is fair use.” (p.2) “True. The Web may be mined for resources. Download away (of course, don't hack into subscription sites)! But remember: you can't put these projects back up on the Web without permission from the copyright holders.” (p.2) “On Back-to-School night, an elementary school offers child care for students' younger siblings. They put the kids in the library and show them Disney VHS tapes bought by the PTA. This is permissible.” (p.3) “False. Video (like everything else) is not covered under fair use for entertainment or reward. The use described is entertainment, pure and simple. However, Disney will sell you a one-time license for $25 that makes this legal use. Call Disney at (818) , ask for "Rights," and prepare to trade faxes.” (p.3)

YAY! Now I think you understand both of us! In the educational world it is important to know about both Copyright and Fair Use!

Take the Quiz to Test Your Knowledge The link below (also posted on Moodle) provides a quiz for you to test your knowledge of Copyright and Fair Use. It provides explanations of both correct and incorrect answers. You must score a 100%. Take a picture of the certificate or the link to yourself and copy the link to the Moodle forum to prove your score. school/story.php?title=copyright-fair-use

Resources **It is HIGHLY recommended that you do some extra research on the issue of Copyright and Fair Use before your class on Wednesday. Below are some sources to help you in your research.** The Educator’s Guide to Copyright and Fair Use from techLEARNING.com (provides a plethora of examples of Fair Use for application purposes)The Educator’s Guide to Copyright and Fair Use from techLEARNING.com Teaching About Copyright and Fair Use for Media Literacy Education (pdf article providing loads of information about Copyright and Fair Use)Teaching About Copyright and Fair Use for Media Literacy Education –Table of Contents, Teaching about Copyright and Fair UseTable of Contents, Teaching about Copyright and Fair Use Code of Best Practices in Fair Use for Media Literacy Education (more information concerning Fair Use practices in education)Code of Best Practices in Fair Use for Media Literacy Education Y2008 Code of Best Practices for Fair use in Media Literacy Education (for some extra sources and videos about Copyright and Fair Use)Y2008 Code of Best Practices for Fair use in Media Literacy Education University of Maryland University College: Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web (for a basic overview of Copyright and Fair Use)University of Maryland University College: Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web Copyright and Fair Use Quiz (this is the quiz you need to take and score a 100 on before coming to class next Wednesday)Copyright and Fair Use Quiz Copyright Crash Course: Building on Others’ Creative Expression (information about Fair Use and the term “transformative”)Copyright Crash Course: Building on Others’ Creative Expression Copyright Basics YouTube video (This is a 6 minute and 20 second-long animated video that can aide in giving you more information on the topic of Copyright and Fair Use)Copyright Basics YouTube video Copyright and the Internet (this website provides more information on Copyright)Copyright and the Internet World Intellectual Property Organization: What is Intellectual Property? (provides links and PDFs concerning Intellectual Property)World Intellectual Property Organization: What is Intellectual Property?