Copyright and Fair Use Cheryl Morse IP&T 287

Copyright Teachers often want to involve their students in doing multimedia or internet projects... What do the teachers know about copyright and fair use issues? What is legal and illegal?

Dissertation Study 119 teachers who used multimedia projects in their classrooms were given a 20 question copyright questionnaire Only 1 got 75% correct Only 12.5% scored 50% or better What are the ethical implications of this? Shane, S. L. (2001). A study on teacher’s knowledge about multimedia and copyright: The problem and some possible answers. Tech Trends, 45 (6), 3-5.

Copyright & Fair Use Objectives As a teacher you need to: 1.Know what copyright and fair use are 2.Understand and be able to apply the basic guidelines for fair use 3.Know where to go to find answers regarding specific copyright or fair use issues 4.Know how to properly cite works in your multimedia and Web projects

What is the difference between copyright and fair use?

Differences Copyright “A property right attached to original work… giving the owner control over all forms of reproduction. Other than someone to whom the author/creator has extended these rights, no one else may use, copy, or alter the work without permission.” Fair Use “Teachers are granted access to works beyond classrooms or textbooks to expand and enrich learning opportunities of students.” A Teacher’s Guide to Fair Use and Copyright

Class Fair Use Rules Step 1: Determine if desired use of materials falls under Fair Use guidelines. Step 2: Always provide proper attribution for materials used! A Teacher’s Guide to Fair Use and Copyright

Step 1: Fair Use Guidelines Considerations for how to determine if copying is allowable under the fair use exemptions. 1.Purpose of Use 2.Proportion of Material Used 3.Nature of Work 4.Effect on Marketability A Teacher’s Guide to Fair Use and Copyright

1. Purpose of Use A. Selected parts used for educational purposes B. Copies are made spontaneously C. Must be legally obtained D. Do not redistribute A Teacher’s Guide to Fair Use and Copyright

2. Proportion of Material Used A. Duplication is short in relation to the entire work B. General rule is 10% unless a maximum amount is set. C. Segments do not reflect the essence of the work. A Teacher’s Guide to Fair Use and Copyright

3. Nature of Work A. You may copy parts that do not reflect the essence of the work. B. Facts, names, ideas, public images are fair use. A Teacher’s Guide to Fair Use and Copyright

4. Marketability A. Use should not cause a reduction in sales B. This is the most important of the four principles A Teacher’s Guide to Fair Use and Copyright

Step 2: Proper Attribution What to include: display the copyright notice © and copyright ownership information if this is shown in the original source adequately identify the source of each work; provide a full bibliographic description where available (including author, title, publisher, and place and date of publication) (the basic idea here is that a person who wants to should be able to go directly to the source where you got the material) Where to include it: Directly below the media element At the bottom of the page including the media element On a credits page (the basic idea here is that you must make sure that the elements you are citing are easily identifiable – for example if you have 3 pictures of Abraham Lincoln in the credits it must be clear which citation goes with which picture.) See handout for examples CONFU Guidelines:

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