Copyright and Fair Use A Cautionary Tale Randy Rodgers Instructional Technology Specialist Birdville Independent School District

You create a 3 minute YouTube video for a class project, setting images to a background track of “Clocks” by Coldplay. You cite Coldplay as the owners/authors of the song. Fair use—go for it! Fair use—go for it! Copyright infringement—lights go out and you can’t be saved! Copyright infringement—lights go out and you can’t be saved!

In a blog post for English, you quote and properly cite the entire text of a short poem (200 words) by Maya Angelou. Poetic justice—it is fair use. Poetic justice—it is fair use. Copyright infringement ! Don’t steal the rhyme if you can’t do the time! Copyright infringement ! Don’t steal the rhyme if you can’t do the time!

In a multimedia presentation, you use 2 minutes of video from an ABC News broadcast on Hurricane Ike. Breaking news: it is fair use! Breaking news: it is fair use! It is copyright infringement and could be disastrous! It is copyright infringement and could be disastrous!

Copyright infringement is punishable by up to 1 year in jail. Absolutely. Cut-and-paste, go to jail (maybe). Absolutely. Cut-and-paste, go to jail (maybe). You can’t be serious—it was just a Weird Al song. You can’t be serious—it was just a Weird Al song.

You post information for a science research project on a wiki. You do not include a copyright statement. Is your work protected by copyright law? No. You must include a statement of copyright and one of those little “C” thingies. No. You must include a statement of copyright and one of those little “C” thingies. Yes. My original ideas are mine—get your own! Yes. My original ideas are mine—get your own!

Factual information is protected by copyright law. Fact is, yes. Fact is, yes. Only the facts, ma’am—no protection. Only the facts, ma’am—no protection.

Copyright is protected after the death of a work’s owner. Yes—even ghosts have rights under copyright law. Yes—even ghosts have rights under copyright law. No. They’re dead. What do they care? No. They’re dead. What do they care?

That original dance move your cousin Boudreaux created is all the rage in the bayou. Can it be copyrighted. Yes, you can bring the funk and the copyright protection, Boudreaux! Yes, you can bring the funk and the copyright protection, Boudreaux! No, you have to have actual talent to be protected by copyright law. No, you have to have actual talent to be protected by copyright law.

What Can Be Copyrighted? Music and lyrics Music and lyrics Original text Original text Movies, video, & multimedia Movies, video, & multimedia Architectural designs Architectural designs Visual artworks Visual artworks Dramatic works Dramatic works Audio recordings Audio recordings Dance, choreography, and pantomime Dance, choreography, and pantomime Source: Pierce, Aimee (2010). Copyright Law: A Brief Overview for Teaching ProfessionalsCopyright Law: A Brief Overview for Teaching Professionals

Guidelines for Fair Use In order to fall under fair use guidelines, the borrowed work must: Be for non-profit or educational use. Be for non-profit or educational use. Fall within specific limits. Fall within specific limits. Not cause an adverse monetary effect on the original work/creator. Not cause an adverse monetary effect on the original work/creator.

Guidelines for Fair Use How much use is fair use? Music: Shorter of 30 seconds or 10% Music: Shorter of 30 seconds or 10% Video: Shorter of 10% or 3 minutes Video: Shorter of 10% or 3 minutes Poetry: Up to 3 works and 250 words Poetry: Up to 3 works and 250 words Text: Shorter of 1,000 words or 10% Text: Shorter of 1,000 words or 10%

Guidelines for Fair Use How much use is fair use? Photos: Up to 5 works by 1 photographer Photos: Up to 5 works by 1 photographer Data: Lesser of 10% or 2,500 entries/fields Data: Lesser of 10% or 2,500 entries/fields Source: Anderson, Steven (2008). Can You “Copy” That?Can You “Copy” That?

Guidelines for Fair Use Number 1, ultimate, supreme, best option…

2 Words to Learn, Love, & Live…

What is Creative Commons? A nonprofit corporation promoting the sharing of original works with other users for specific purposes and in specific ways.

Examples

Examples

Examples

Examples

Examples

Examples

This presentation may be accessed and downloaded from (tinyurl.com/copyrightrhs)