Copyright Basics for Educators Charles Crowley - EDTC Fall Evans

Copyright Laws Complex. Vague. Antiquated. Developed for print media. Favor copyright holder.

Copyright times getting longer. Recent content hard to access. A certain mouse, copyrighted since Given new life by the Copyright Term Extension Act (1998) aka the “Mickey Mouse Preservation Act”.

What is copyrighted? Copyright automatic for most works. © not needed. Most online content - unless license expressed or implied.

DANGER! Penalties are severe! Damages up to $150,000 per infringement! Need not be aware you are breaking the law to be found guilty!

The Copyright Act Sections 110(1) and 110(2) & the TEACH Act Online teachers – fewer rights. Classroom teachers – more rights. TEACH act provides guidelines for educational use. See:

Usable works: Public domain – 1922 or earlier. Published under Creative Commons license. Copyright holder gives permission Licensed by your school

Fair Use - four factors: Character of use? Nature of work? How much used? Effect on market? From

Fair Use Continued Not either / or, more like a spectrum: Where are you on the spectrum? Some principles: Maybe OK………….Could go either way………….Maybe Not OK.

Might be Fair Use if: Only small parts quoted. Follow your institution’s guidelines. Abide by any restrictions on quote. Non-commercial educational use. Quote is factual, not fiction, and From a published work.

Getting Permission Services, e.g. the Copyright Clearance Center.Copyright Clearance Center Contact author or copyright holder. May have permission already if your institution has license. Keep copies and records of all correspondence.

Probably legitimate uses Public domain? Creative Commons? Licensed to your institution? Permission expressed / implied? Obtained permission from author or service, e.g. Copyright Clearing Center? Plan “transformative” use? Copies go to limited number of people? Follow best practices? Probably OK to use.

Passes legal hurdles? Use meets requirements under the Copyright Act sections 110(1) and 110(2) and the TEACH act? Or, meets 4 tests for Fair Use? Probably OK to use.

But… Work is copyrighted? Institution not licensed to use it? No expressed or implied permission? No Creative Commons license? Need to use entire work unchanged, or plan commercial use? Use will interfere with market for original? Probably NOT OK TO USE. Seek alternatives.

References Center for Social Media, (2011). Fair use. Retrieved from Best practices for using material under “fair use”. Crews, K. (2011). The TEACH act and some frequently asked questions. Retrieved from Copyright clearance center. (2011). Retrieved from (no author listed) a service for obtaining permission from copyright holders to use their work. Harris, L. (2011, June 01). Copyright laws.com - copyright licensing digital property. Retrieved from Harper, G. (2007). Copyright crash course. Retrieved from Library of Congress, US Copyright Office. (1998). Copyright law of the united states of America Retrieved from The text of the law itself. University of Minnesota University Libraries, (2010). Copyright information & resources. Retrieved from - info on fair use, getting permission, orphan works, other topics. This presentation is not intended to take the place of legal advice.