Copyright and You

Copyright A work is copyrighted when that work has been created in some type of tangible form like writing or recording. A work is copyrighted when that work has been created in some type of tangible form like writing or recording. In the case of a single creator, it is now protected for the creator's life plus seventy years. In the case of a single creator, it is now protected for the creator's life plus seventy years.

What Works Are Protected? literary works; literary works; musical works, including any accompanying words musical works, including any accompanying words dramatic works, including any accompanying music dramatic works, including any accompanying music pantomimes and choreographic works pantomimes and choreographic works pictorial, graphic, and sculptural works pictorial, graphic, and sculptural works motion pictures and other audiovisual works motion pictures and other audiovisual works sound recordings sound recordings architectural works architectural works

What Is Not Protected by Copyright? Works that have not been fixed in a tangible form of expression Works that have not been fixed in a tangible form of expression Titles, names, short phrases, and slogans; familiar symbols or designs; mere listings of ingredients or contents Titles, names, short phrases, and slogans; familiar symbols or designs; mere listings of ingredients or contents

What Is Not Protected by Copyright? Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration 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 and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources) Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Public Domain In the U.S., any work published before January 1, 1923 anywhere in the world is in the public domain. In the U.S., any work published before January 1, 1923 anywhere in the world is in the public domain. January January 11923

Examples of Public Domain The Bible The Bible Inventions of Archimedes and Thomas Edison Inventions of Archimedes and Thomas Edison Works of Shakespeare and Mark Twain Works of Shakespeare and Mark Twain

Copyright Myths

To copyright something, I have to register with the copyright office. The moment an original work is fixed in a tangible medium of expression such as on paper or as a recording, it enjoys copyright protection.. The moment an original work is fixed in a tangible medium of expression such as on paper or as a recording, it enjoys copyright protection..

If it doesn't have a copyright notice, I can copy it. Under current law, a copyright notice isn’t required. You should assume that if it is the kind of work that can be copyrighted, it is copyrighted. Under current law, a copyright notice isn’t required. You should assume that if it is the kind of work that can be copyrighted, it is copyrighted.

I can use a copyrighted work as long as I don’t plan to make any money on it. Copyright law gives the owner the right to decide who uses the work. Money has nothing to do with it. Copyright law gives the owner the right to decide who uses the work. Money has nothing to do with it.

If something is posted on the Internet, it’s in the public domain so I can use it. Posting things on the Internet doesn’t cause something to fall into the public domain. Posting things on the Internet doesn’t cause something to fall into the public domain. Network technology certainly makes it easier to violate copyright law by downloading texts or images off the Internet, but it’s still illegal unless you have permission from the copyright owner. Network technology certainly makes it easier to violate copyright law by downloading texts or images off the Internet, but it’s still illegal unless you have permission from the copyright owner.

I can use a copyrighted work as long as it’s for educational purposes. While it is true that you may be able to use copyrighted material, there are strict rules about what’s considered a “fair use.” While it is true that you may be able to use copyrighted material, there are strict rules about what’s considered a “fair use.” fair usefair use

Fair Use U.S. copyright law contains a provision that allows limited use of copyrighted works without the permission of the owner for certain teaching and research purposes. U.S. copyright law contains a provision that allows limited use of copyrighted works without the permission of the owner for certain teaching and research purposes.

GUIDELINES for the amount of a work you may use

Text Up to 10% of a copyrighted work or 1000 words, whichever is less Up to 10% of a copyrighted work or 1000 words, whichever is less Poems Poems Entire poem if less than 250 words Entire poem if less than 250 words 250 words or less if longer poem 250 words or less if longer poem No more than 5 poems (or excerpts) of different poets, from an anthology No more than 5 poems (or excerpts) of different poets, from an anthology Only 3 poems (or excerpts) per poet Only 3 poems (or excerpts) per poet

Motion Media Up to 10% of a copyrighted work or 3 minutes, whichever is less Up to 10% of a copyrighted work or 3 minutes, whichever is less Clip cannot be altered in any way Clip cannot be altered in any way

Illustrations A photograph or illustration may be used in its entirety A photograph or illustration may be used in its entirety No more than 5 images of an artist's or photographer's work No more than 5 images of an artist's or photographer's work When using a collection, no more than 10% or no more than 15 images, whichever is less When using a collection, no more than 10% or no more than 15 images, whichever is less

Music Up to 10% of a copyrighted musical composition, but no more than 30 seconds Up to 10% of a copyrighted musical composition, but no more than 30 seconds Up to 10% of a body of sound recording, but no more than 30 seconds Up to 10% of a body of sound recording, but no more than 30 seconds Any alterations cannot change the basic melody or the fundamental character of the work Any alterations cannot change the basic melody or the fundamental character of the work

Can I put my classroom material on the Web?

Is it ok for me to put my syllabi, lesson plans, or any other classroom notes on-line? In most situations under the Copyright Act of 1976, when you create a lesson plan or syllabi and share them with your class you will not have many problems. In most situations under the Copyright Act of 1976, when you create a lesson plan or syllabi and share them with your class you will not have many problems.

Is it ok for me to put my syllabi, lesson plans, or any other classroom notes on-line? However, the rules change if you decide to upload that same material to the World Wide Web or the Internet. However, the rules change if you decide to upload that same material to the World Wide Web or the Internet. When you produce a web site that is not on a password protected server or Intranet, you are making all of those materials, which may include anyone else's copyrighted materials, available to an unlimited number of people who have open access to your web site. When you produce a web site that is not on a password protected server or Intranet, you are making all of those materials, which may include anyone else's copyrighted materials, available to an unlimited number of people who have open access to your web site.

Is it ok for me to put my syllabi, lesson plans, or any other classroom notes on-line? This means that you could possibly be reproducing copyrighted materials illegally if you are using copyrighted materials in your lesson plans or syllabus This means that you could possibly be reproducing copyrighted materials illegally if you are using copyrighted materials in your lesson plans or syllabus

Copyright Quiz

Is this action permissible under copyright law? 1. As a reward for the first-grade classes’ victory in a reading competition, you pop gallons of popcorn and invite the students to the cafeteria to view the Don Bluth film An American Tale, rented from a local video store. 1. As a reward for the first-grade classes’ victory in a reading competition, you pop gallons of popcorn and invite the students to the cafeteria to view the Don Bluth film An American Tale, rented from a local video store.

Is this action permissible under copyright law? 1. No, it is not permissible to rent and show a movie as a reward, in a classroom or anywhere else on campus. It is legal to rent and show movies in a classroom when there is an instructional purpose. If you want to show a movie for entertainment or as a reward, you need to contact the production company and pay an entertainment fee. 1. No, it is not permissible to rent and show a movie as a reward, in a classroom or anywhere else on campus. It is legal to rent and show movies in a classroom when there is an instructional purpose. If you want to show a movie for entertainment or as a reward, you need to contact the production company and pay an entertainment fee.

Is this action permissible under copyright law? 2. A junior-high science teacher purchases a class license to install a software program on 30 workstations. There are 30 students, and each uses an individual station during the class period. When a 31 st student is enrolled, the teacher loads the program on another computer for this student to use during class. 2. A junior-high science teacher purchases a class license to install a software program on 30 workstations. There are 30 students, and each uses an individual station during the class period. When a 31 st student is enrolled, the teacher loads the program on another computer for this student to use during class.

Is this action permissible under copyright law? 2. No, this is not permissible. Although the science teacher has purchased a class license for the software program, the license limits simultaneous use to 30 workstations. Using the program on an additional workstation violates this agreement. 2. No, this is not permissible. Although the science teacher has purchased a class license for the software program, the license limits simultaneous use to 30 workstations. Using the program on an additional workstation violates this agreement.

Is this action permissible under copyright law? 3. Fifth-grade students download images from the Internet to use in multimedia projects for the classroom. Some of the images are copyrighted, and students do not take the time to obtain permission for classroom use. 3. Fifth-grade students download images from the Internet to use in multimedia projects for the classroom. Some of the images are copyrighted, and students do not take the time to obtain permission for classroom use.

Is this action permissible under copyright law? 3. Yes, this is an example of fair use. Students may download and use copyrighted images as long as the projects are not distributed outside the classroom. The teacher could not post the projects online. 3. Yes, this is an example of fair use. Students may download and use copyrighted images as long as the projects are not distributed outside the classroom. The teacher could not post the projects online.

Is this action permissible under copyright law? 4. A teacher purchases one copy of a workbook that supplements a classroom text, and then duplicates the exercises for student use. 4. A teacher purchases one copy of a workbook that supplements a classroom text, and then duplicates the exercises for student use.

Is this action permissible under copyright law? 4. No, this is not permissible. Consumable workbooks are published with the intent that they will be purchased for, and used by, one student. By making copies of the worksheets, the teacher is impacting the copyright owner’s ability to profit from the work. 4. No, this is not permissible. Consumable workbooks are published with the intent that they will be purchased for, and used by, one student. By making copies of the worksheets, the teacher is impacting the copyright owner’s ability to profit from the work.

Is this action permissible under copyright law? 5. A high school student uses brief (less than 30 seconds each) copyrighted music clips to enhance a social science multimedia project. 5. A high school student uses brief (less than 30 seconds each) copyrighted music clips to enhance a social science multimedia project.

Is this action permissible under copyright law? 5. Yes, this is an example of fair use. Students may use very short audio clips as part of a multimedia project. The project can not be posted online. 5. Yes, this is an example of fair use. Students may use very short audio clips as part of a multimedia project. The project can not be posted online.