Copyright and
Intellectual
Property
t cen tury
Glenn Wiebe
the 21s
glennw@essdack.org
©2009 for

60 minutes!? Are
you kidding me?

21st century copyright?

sticky ideas

think U-turns

there’s lots of
helpful stuff
out there

what’s your one question?
what’s one specific classroom
situation?

you might walk
out with more
questions
than answers!

www.socialstudiescentral.com

Eric Holder
lawyer

Eric Holder Glenn Wiebe
lawyer not a lawyer!

copyright myths

If it doesn’t have a notice, it’s not
copyrighted
It’s not really a crime so I can’t get in
trouble
Everything I copy for class is Fair Use
If I don’t charge for it, it’s okay
The Internet is the same as Public Domain
so I can use anything I find

If it doesn’t have a notice, it’s not
copyrighted
It’s not really a crime so I can’t get in
trouble
Everything I copy for class is Fair Use
If I don’t charge for it, it’s okay
The Internet is the same as Public Domain
so I can use anything I find

If it doesn’t have a notice, it’s not
copyrighted
It’s not really a crime so I can’t get in
trouble
Everything I copy for class is Fair Use
If I don’t charge for it, it’s okay
The Internet is the same as Public Domain
so I can use anything I find

If it doesn’t have a notice, it’s not
copyrighted
It’s not really a crime so I can’t get in
trouble
Everything I copy for class is Fair Use
If I don’t charge for it, it’s okay
The Internet is the same as Public Domain
so I can use anything I find

If it doesn’t have a notice, it’s not
copyrighted
It’s not really a crime so I can’t get in
trouble
Everything I copy for class is Fair Use
If I don’t charge for it, it’s okay
The Internet is the same as Public Domain
so I can use anything I find

copyright truths

“There is no such thing as true
intellectual property; there is only
temporary permission to
control an idea.”

the law is designed to
“ . . . promote the
betterment of society by
encouraging the creation of, and
the public’s access to, useful
works.”

the law is designed to
“ . . . promote the betterment of
society by encouraging the
creation of, and the public’s
access to, useful works.”

copyright protects “creative
works”

unique way of expressing
something

a creative work is anything
original in tangible form:
• Photos
• Web site
• Arrangement of facts
• Music
• Story

the creator has the right to:
• reproduce, sell, or distribute work
• publicly perform and display work
• license work
• create derivative works
• control who else may copy the
work

means what?

it’s not all about the
guidelines

it’s about U-Turns

change focus from what is
forbidden to what is
permitted

when in doubt, err on the side
of the user

teach the point of view of both
consumers & producers

encourage transformative
works

specifics?

use Public Domain works
use government works
use Creative Commons content
use the “fair use” clause

fair use

The law does allow some use
without specific permission:
• to criticize / comment
• to write news articles
• for research / scholarship
• to practice parody

when used correctly . . .
“the fair use of a
copyrighted work . . . is
not an infringement
of copyright.”

correctly means . . .
“use of a work . . . in a
reasonable manner.”

reasonable
manner?

what is the nature of the
creative work?
published vs. unpublished
out of print vs. available
factual vs. artistic

purpose for using the creative
work?
commercial
educational
non-profit

impact on potential market?
same audience as the original?
new work contain anything original?
putting money in your pocket or
taking from owner’s?

how much? how often?
is the amount reasonable?
do you use the work more than once?

Huh?

no easy answers
use the checklist for help

Remember:
the words may & might
guidelines are not laws
% of use is not the same as %
of impact

so now
what?

ask permission

ask permission
use Creative Commons

ask permission
use Creative Commons
be transformative

ask permission
use Creative Commons
be transformative
think u-turns

a question you still
have?
a new resource
or idea?

have more questions?
contact:
Glenn Wiebe
glennw@essdack.org
socialstudiescentral.com
historytech.wordpress.com
View presentations at:
slideshare.net/glennw98