© Jennie Oleksak 2011
Purpose of Copyright Encourage the development of new andoriginal works and to stimulate their widedistribution by ensurin...
How does one Obtain a             Copyright?• A work created prior to 1976 must be registered  with Copyright Office.• Wit...
Duration of Copyright• Lasts for the life of the author plus 70  years.• Works created before 1923 are in public  domain• ...
The Big Challenge  New technologiesoutpace copyright law.
What are the 4 Fair Use Guidelines?
1  Purpose andcharacter of use
2   Nature ofcopyrighted work
3    Amount of    work used
4 Effect of useon market for or value of work
Possible Scenarios of        Copyright Infringement•   Copying, electronically redistributing and    scanning full works• ...
Possible OptionsIf material does not fall under “fair use”… Can you obtain permission to make  multiple copies? Can you ...
Possible Options Can you purchase copies for students? Will a license with the Creative Commons help? Can you use mater...
Further ReadingCopyright and Fair Use. Stanford University Libraries, 2010.   Web. 21 May 2011.Simpson, Carol. Copyright f...
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Copyright & Fair Use Show

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Provides the basics of fair use copyright law.

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  • The topic is copyright and fair use! I’m Not a licensed legal professional who practices intellectual property law in Arizona. In fact, the more I study this topic, the more questions I have. I have received some questions from you as you look for materials to use in your classes. I usually rely in this book by Carol Simpson… Copyright for Schools – a Practical Guide. Sometimes it can answer our questions. However, I have to say that the more I study this topic, the more questions I have. However, Bob and Seamus asked me to discuss copyright and fair use in the school environment, so I told him that I would give it a try. Each department uses different materials, varying media and has different scenarios. So this discussion will be very general.
  • Copyright law is designed to promote creativity and the growth of knowledge by balancing the rights of owners with the rights of users;
  • Before 1976, very specific requirements had to be met -- paperwork was to be filed , it had to be determined that the work was published prior to registration and appropriate fees had to be paid. (p. 7 Simpson, 2010) Fixed tangible form means it is : 1. written on paper, 2. painted on canvas, 3. saved to disk, 4. recorded on tape or other recording medium, 5. exposed on film 6. is saved in any other method that creates a permanent record of the creation. (pg 40 – 4th line: There has been no clear legal assessment of whether a Web page is published when is it mounted on the Web or whether something distributed within an organization (such as your school) is officially “published.” p. 8 Neither Registration nor a notice is not required to achieve a copyright, but it is needed before a suit is filed.
  • Many of the current scenarios using the latest technologies have not been tested in court. We do know, however, that digital resources should undergo the same four tests of fair use.
  • Pg. 36 Fair use provisions in the copyright law grant users conditional permission to use or reproduce certain copyrighted materials as long as certain guidelines are met. We’ll go over each of the four guidelines. This first factor: Purpose and character of use may be the easiest one to assessPg 38 – it encourages educational use of materials for non profit public or private schools – so fair use encourages educational use of materials. News reporting, commentary and criticism also qualify for “fair use”, so a criticism or review of a movie would allow a short clip of a movie or work.
  • Pg. 36 Fair use provisions in the copyright law grant users conditional permission to use or reproduce certain copyrighted materials as long as certain guidelines are met. We’ll go over each of the four guidelines. This first factor: Purpose and character of use may be the easiest one to assessPg 38 – it encourages educational use of materials for non profit public or private schools – so fair use encourages educational use of materials. News reporting, commentary and criticism also qualify for “fair use”, so a criticism or review of a movie would allow a short clip of a movie or work.
  • There are TWO parts to this factor. 1. is the work factual or creative? Facts cannot receive copyright protection. However, creative works, such as literature, art and music are protected. So factual information from newspaper articles, encyclopedia articles and maps would probably qualify for a fair use assessment. The second factor has to do with whether the work is published or not. … you will have a stronger case of fair use if you copy the material from a published work than an unpublished work. ------------------------------------------------------------------Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works such as biographies than you do from fictional works such as plays or novels. In addition, you will have a stronger case of fair use if you copy the material from a published work than an unpublished work. The scope of fair use is narrower for unpublished works because an author has the right to control the first public appearance of his or her expression.
  • This factor deals with how much of the work will you use? The less you use, the better.Any time that you use ALL of something (whether it’s a poem, short story, article, book, or musical work) there are going to be questions about this factor. (no such thing as a 10PERCENT rule) It’s not black and white – the term “essence of the work” is used withthis factor. If one uses a part of a work that embodies the entire piece within a small segment one “in essence” used the entire work. FIND AN EXAMPLE OF THIS!!! PG 40-41 The less you take, the more likely that your copying will be excused as a fair use. However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the “heart” of the work. In other words, you are more likely to run into problems if you take the most memorable aspect of a work. For example, it would probably not be a fair use to copy the opening guitar riff and the words “I can’t get no satisfaction” from the song “Satisfaction.” Pg. 55 Here are a few guidelines : If a poem is fewer than 250 words and is printed on not more than 2 pages it may be copied in its entirety. If a complete story, article, or essay is less than 2500 words, it may be copied in its entirety. One illustration , such as a chart, graph, cartoon or picture may be copied per book or periodical issue. You can never modify the illustration. A teacher may make only one copiy to include in a PowerPoint or presenation or present to the class. Any copies must be used in the classroom for students and not to distribute to other teachers or your department – that’s infringement.
  • The Supreme Court has said that this factor is the single most important element of fair use (pg 41) Pg 42 If your use would deprive someone of sales of the item this factor would come into play. Pg 42 If your use would somehow harm the original author or his ability to capitalize on his work, this factor can become significant. Pg 42 – they give an example of microsoft linking to the Ticketmaster ..deep link – misrepresented their relationship. Ticketmaster contested it, and it was agreed that MS could link only to the HOME page outside of the microsoft frame.
  • Full works means – full book, full article, full poem , full song…
  • Copyright & Fair Use Show

    1. 1. © Jennie Oleksak 2011
    2. 2. Purpose of Copyright Encourage the development of new andoriginal works and to stimulate their widedistribution by ensuring that their creators will be fairly compensated for the contributions to society.
    3. 3. How does one Obtain a Copyright?• A work created prior to 1976 must be registered with Copyright Office.• With the 1976 copyright law, work is protected as soon as it is in “fixed tangible form.”
    4. 4. Duration of Copyright• Lasts for the life of the author plus 70 years.• Works created before 1923 are in public domain• Works created from 1923-1978 have varying periods of copyright.
    5. 5. The Big Challenge New technologiesoutpace copyright law.
    6. 6. What are the 4 Fair Use Guidelines?
    7. 7. 1 Purpose andcharacter of use
    8. 8. 2 Nature ofcopyrighted work
    9. 9. 3 Amount of work used
    10. 10. 4 Effect of useon market for or value of work
    11. 11. Possible Scenarios of Copyright Infringement• Copying, electronically redistributing and scanning full works• Posting a full work on Blackboard & requiring students to print it or send it to OneNote• Saving a YouTube video to your tablet for future use
    12. 12. Possible OptionsIf material does not fall under “fair use”… Can you obtain permission to make multiple copies? Can you use materials from resources Brophy subscribes to?
    13. 13. Possible Options Can you purchase copies for students? Will a license with the Creative Commons help? Can you use materials available through the public domain? Is there an educational Web site that grants permission for educational use?
    14. 14. Further ReadingCopyright and Fair Use. Stanford University Libraries, 2010. Web. 21 May 2011.Simpson, Carol. Copyright for Schools: a Practical Guide. Santa Barbara, CA: Linworth, 2010. Print.

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