Certain materials in this presentation are included under the fair use exemption of the U.S. Copyright Law, have been prepared according to the educational multimedia fair use guidelines, and are restricted from further use. Other materials may, in fact, be downright illegal. We have no idea.

Does anyone know what to do? Copyright and Fair Use

Copyright Act of 1976 Fair Use statute Digital Millenium Copyright Act (DMCA) 1998 Classroom Guidelines 1976

FAIR USE Act 2007 TEACH Act 2002 Sonny Bono Act 1998

Copyright Law 1976 Does not provide specific answers for most questions librarians may have. Much depends on policy positions of individual institutions.

Fair Use statute Allowed use of copyrighted material under limited conditions

Small portions Education, commentary, criticism, news reporting, parody Fair Use statute

GREY AREAS! Educational institutions believed they were exempt and could make multiple copies. Fair use is decided on a case-by-case basis.

Educational institutions were hard to sue. Plaintiff had to show school made a profit. Most copies were just handed out in class. It wasn’t worth suing.

Schools messed up when they began selling custom-made anthologies in the campus bookstore. $ $ $ $ $

Classroom Guidelines 1976 Not law, simply footnotes to the law Fair use too broad; CG meant to give boundaries for safety Classroom Guidelines were too narrow and unrealistic

DMCA 1998 Criminalize attempts to circumvent digital measures that protect copyrighted works

Sonny Bono Act 1998 Extended the life of copyright by 20 years

Disney

TEACH Act 2002 Tried to define terms for distance learning and streaming media. Revised a section of copyright law from 132 words to 728.

TEACH Act 2002 Schools and libraries paid for license rights they already had just to be safe. Demands technology safeguards some schools can’t afford.

TEACH Act 2002 Some places were already safeguarding or were covered under fair use. It’s a law but you don’t have to do it.

FAIR USE Act 2007 Tries to clarify fair use and not enforce DMCA Last action—March ‘07 in congressional subcommittee

The days of Noah? Educational policies, state laws, and unresolved cases in higher courts have left people wondering.

The days of Noah? Copyright totalitarianism Copyright anarchy

Laws that can be enforced and bring profits will stay. People will ignore laws they find restrictive or unfair and the industry will change. The balance may play out.

Classroom Guidelines should lighten up. Educational institutions as large organizations with money can be held accountable (not teachers).

Final thoughts Fair use is the dominant idea. GREY AREAS Case-by-case

Fair use came before the digital age and certainly did not anticipate social networking or unlimited access to media and instant transmission of perfect copies.

Final thoughts Lots of media, all over, really fast We now have mixability.

Young people figure if it’s out there and they can get it, they will. File sharingNapster Final thoughts

So what do we do? How do we think Christianly about copyright in the classroom? Discuss with students. Model ethical behavior. Make full effort to give credit.

Authors and artists have a right to their work. People build on the works of others, often as a tribute. Final final thoughts

Many artists aren’t sure if copyright infringement is helping or hurting sales.artists Final final thoughts

Viacom sues YouTube (Google) for $1 billion over use of songs in video backgrounds.

YouTube (Google) will now leave copyrighted material up unless owner objects. A YouTube viral video song has become Sony’s 8 th most popular. ($)($)

Viral $

Sources Appendix C: Model policy concerning college and university photocopying for classroom, research and library reserve use. (2004). Journal of Interlibrary Loan, Document Delivery & Electronic Reserves, 15(2), doi: /J474v15n01-12 Bartrom, L. (2009). Fair use guidelines. TechTrends: Linking Research & Practice to Improve Learning, 53(5), doi: /s Brooks, T. (2005). Copyright & fair use. ARSC Journal, 36(1), Brooks, T. (2005). How copyright law affects reissues of historic recordings: A new study. ARSC Journal, 36(2), Brooks, T., & Screwvala, E. F. (2005). Copyright & fair use. ARSC Journal, 36(2),

Sources DuBoff, L. D., & King, C. O. (2009). Introduction to copyright. TechTrends: Linking Research & Practice to Improve Learning, 53(5), doi: /s Jennings, C. A. (2002). Fair use on the internet. Retrieved 6/17, 2010, from Levy, Mark, & Siddiqui, Saba. (2009). What's legal YouTube: Fair use vs. copyright laws. Retrieved 06/17, 2010, from / / The missing link: The lack of citations and copyright notices in multimedia presentations. (2010). TechTrends: Linking Research & Practice to Improve Learning, 54(3), doi: /s Templeton, B. (2008). 10 big myths about copright explained. Retrieved 6/17, 2010, from

Sources Wagner, E. N. (1992). Time to end the confusion over copying. Academe, 78(1),