1. Copyright, Fair Use & Online Courses Tamara Eyster

2. Copyright, Fair Use & Online Courses © What is Copyright? © What is Fair Use? © What is Public Domain? © Avoid Infringement

3. What is Copyright? © The owner of the copyright can: © Reproduce the work © Create derivations of the work © Distribute the work © Publicly perform or display the work © Notification © Length of protection (Waxer & Baum, 2006, p. 27)

4. Why is there Copyright? © Protect the Owner’s rights © Protect the expression from misuse © Royalties

5. What Works are Protected? © Original © Author’s Expression © Fixed in tangible form (Wilson, 2005, p. 6)

6. What works are not Protected? © General ideas or themes © Lists © Titles © Bare Facts © Devices used for measurements and computations (Wilson, 2005, pp. 9 – 10)

7. What is Fair Use? © Purpose of Use © Copyrighted work’s nature © Amount of Substance © Market Effects (Stanford Copyright, 2010; Waxer & Baum, 2006, pp. 53 – 54; Wilson, 2005, p. 68 )

8. Purpose of Use Possibly Fair Use © Non-profit education © Restricted use © Research/Scholarship © Comment, Criticism, News or Review © Transformative or Parody © Credit given Probably not Fair Use © Commercial © Advertising © Profit (Wilson, 2005, p. 178)

9. Copyrighted work’s nature Possibly Fair Use © Factual © Published Probably not Fair Use ©Creative ©Unpublished (Wilson, 2005, p. 178)

10. Amount of Substance Possibly Fair Use © Less than 10% © Parts of the main idea Probably not Fair Use ©15% or more ©All of the main idea (Wilson, 2005, p. 178)

11. Market Effects © Will the use lower or replace the sales of the copyrighted item? © Will the work be used long term in the course or in multiple courses? © Do you own the work? (Wilson, 2005, p. 178)

12. What is Public Domain?  Materials where Copyright expired  Materials written by a government agency (cautions)  Materials in which the author has relinquished his rights

13. Avoid Infringement  Use your own materials  Use Public Domain materials  When in doubt ask!

14. Recommendations  Regularly review current laws  Check into new changes  Keep a Fair Use checklist handy

15. Resources © www.copyright.gov/ (lots of information) © Reproduction of Copyrighted Works by Educators and Librarians © www.copyright.gov/circs/circ21.pdf © Fair Use Checklist © http://copyright.columbia.edu/copyright/f air-use/fair-use-checklist/ © www.CreativeCommons.org

16. References  U.S. Copyright Office. (1999). Report On Copyright And Digital Distance Education. Washington, DC: Marybeth Peters. Retrieved from http://www.copyright.gov/reports/de_rprt.pdf  Stanford Copyright & Fair Use - Measuring Fair Use: The Four Factors. (2010). Retrieved from http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/ chapter9/9-b.html  Waxer, B. M., Baum, M. L., Course Technology, I., & Thomson Learning (Firm). (2006). Internet surf and turf--revealed: the essential guide to copyright, fair use, and finding media. Boston, Mass.: Thomson Course Technology.  Wilson, L. (2005). Fair use, free use, and use by permission: how to handle copyrights in all media. New York: Allworth Press.

17. Contact Me!  Tamara Eyster  TEyster@kaplan.edu  http://www.linkedin.com/pub/tamara- eyster/22/222/941  http://www.facebook.com/tinksbell  Math.RamsHillFarm.com