COPYRIGHT AND FAIR USE The Appropriate use of Electronic Media in the Classroom: Risks & Benefits

constitution.html — UNITED STATES CONSTITUTION, ARTICLE 1, SECTION 8 The Congress shall have Power To… promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

COPYRIGHT IS “THE LEGAL RIGHT CREATED BY THE LAW OF THE COUNTRY, THAT GRANTS THE CREATOR OF AN ORIGINAL WORK EXCLUSIVE RIGHTS TO ITS USE AND DISTRIBUTION, USUALLY FOR A LIMITED TIME, WITH THE INTENTION OF ENABLING THE CREATOR (E.G. THE PHOTOGRAPHER OF A PHOTOGRAPH OR THE AUTHOR OF A BOOK) TO RECEIVE COMPENSATION FOR THEIR INTELLECTUAL EFFORT.” What is copyright? en.wikipedia.org/wiki/copyright

WHO CAN POSSESS COPYRIGHT?  An architectural designer  A playwright, book author, or author of blogs, , or scholarly articles  An author of computer software, books, poems, or stories  A movie scriptwriter  A music writer, opera writer, or symphony writer  A pantomime or choreographer  A painter, photographer, or sculptor The above list of who is able to possess copyright is only a partial list of possibilities.

 Architectural works  Dramatic works, including any accompanying music  Literary works, which includes computer software  Motion pictures and other audiovisual works  Musical works, including any accompanying words  Pantomimes and choreographic works  Pictorial, graphic, and sculptural works  Sound recordings  Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (written or recorded descriptions, explanations, or illustrations of such things are protected copyright)  Titles, names, short phrases, & slogans; listings of ingredients or contents (some titles & words may be protected if their use is linked with a particular product or service)  Works not fixed in a tangible form of expression, such as improvised speech or performance not written down or recorded  Works entirely of information commonly available & no originality (i.e. standard calendars, measures & rulers, lists or tables compiled from public documents or other common sources)  Works by the U.S. government. FACTS ABOUT COPYRIGHT PROTECTION Which works are protected by copyright? Which works are not protected by copyright?

FAIR USE IS “A LIMITATION AND EXCEPTION TO THE EXCLUSIVE RIGHT GRANTED BY COPYRIGHT LAW TO THE AUTHOR OF A CREATIVE WORK. IN U.S. COPYRIGHT LAW, FAIR USE IS A DOCTRINE THAT PERMITS LIMITED USE OF COPYRIGHTED MATERIAL WITHOUT ACQUIRING PERMISSION FROM THE RIGHTS HOLDERS.” What is Fair Use? en.wikipedia.org/wiki/Fair_use

WHAT IS PUBLIC DOMAIN? “Works in the public domain are those whose intellectual property rights have expired, have been forfeited, or are inapplicable. The term is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as “under license” or “with permission.” en.wikipedia.org/wiki/Public_domain  Simply put, creative materials that are not protected by intellectual property laws, such as copyright, trademark, and patent laws are in the public domain. The public owns these works and anyone can use materials in the public domain without obtaining permission.

EXAMPLES OF WORKS IN THE PUBLIC DOMAIN  Shakespeare’s play, Macbeth  Beethoven’s Piano Sonata No. 14 in C-sharp minor "Quasi una fantasia", Op. 27, No. 2, better known as the Moonlight SonataOp.  Film, It’s a Wonderful Life,  Song, Yankee Doodle  Book, The Wizard of Oz  Homer’s epic, The Odyssey

FAIR USE EXCEPTIONS Educators are privileged to use intellectual property without permission of the copyright holder. In addition, they may expand on it or use it to promote further knowledge. Congress permits educators to make “multiple copies for classroom use.” Fair Use Policy Exceptions were written to encourage the advancement of art, knowledge, and science html

FAIR USE TEST There are 4 important questions that will help educators decide whether or not to use a work: 1. What is the purpose of its usage? Is the purpose and character of the use of a commercial nature or is for nonprofit educational purposes? 2. What is the nature of its usage? 3. What is the quantitative and qualitative amount of the work to be used? 4. What will the effect of its usage be on the market? Will you deprive the creator of income because of your use of their work? Copyright and Fair Use Video 44.html

FUN FACTS A Journal of Captain Hook’s Last Voyage to the Pacific Ocean by John Ledyard was the first book registered under a state copyright law. copyright.gov/history/lore/2004/jan04-lore.pdf

JOHN LEDYARD is known as the “the father of copyright law.” He is the author of the 1 st book registered under a state copyright law. The book was titled, A Journal of Captain Hook’s Last Voyage to the Pacific Ocean. copyright.gov/history/lore/2004/jan04-lore.pdf

CONNECTICUT In January 1783, Connecticut became the 1 st state to pass the 1 st copyright law in the United States of America. copyright.gov/history/lore/2004/jan04-lore.pdf

THE YEAR THE 1 ST FEDERAL COPYRIGHT LAW WAS ENACTED. 1790

FUN FACTS QUIZ 1.What is the name of the first book to be registered under a state copyright law? And who was the author? 2.Who is known as the father of copyright law? 3.What was the first state to pass the first copyright law in the United States of America? In what year? 4.In what year was the first federal copyright law enacted? 5.What was the only state of the 13 original states to not pass copyright laws of their own? copyright.gov/history/lore/2004/jan04-lore.pdf

ANSWERS TO QUIZ 1.A Journal of Captain Hook’s Last Voyage to the Pacific Ocean; John Ledyard 2.John Ledyard 3.Connecticut; Delaware copyright.gov/history/lore/2004/jan04-lore.pdf

RESOURCES  Copyright and Fair Use for Teachers Copyright and Fair Use for Teachers  Creative Commons Creative Commons  U.S. Copyright Office U.S. Copyright Office  Fair Use Evaluator Fair Use Evaluator  Copyright Basics Copyright Basics  Copyright Term and the Public Domain in the United States Copyright Term and the Public Domain in the United States  YouTube Video: A Fair(y) Tale Use by Jas A YouTube Video: A Fair(y) Tale Use by Jas A