The topic is copyright and fair use! I’m Not a licensed legal professional who practices copyright law in Arizona. In fact, the more I study this topic, the more questions I have. Over the years, I have received some questions from you as you look for materials to use in your classes. There are so many resources on this topic, but to keep it simple, 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 take a shot at it. Each department uses different materials, varying media and is dealing with different scenarios. So this discussion will be very general.
The purpose of copyright is to promote creativity, innovation and the spread of knowledge. Copyright law is designed to promote creativity and the growth of knowledge by balancing the rights of owners with the rights of users; One major purpose of Copyright Law is to “promote the progress of the sciences and useful arts”, in other words knowledge. “If I am about to use someone else’s copyrighted works, what kind of respect and observance of copyright laws should I follow?” This approach suggests attention to the principles of respect and trust.
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.
How long does copyright last?
As you know with technology we use, share, copy, distribute, and modify information -- We do it all the time. Manyof the current scenarios using the latest technologies have not been tested in court. This is frustrating in our environment where we are using so many of the latest technologies. It is difficult to find clear cut answers to all of our questions. There are no set of copyright guidelines for the Internet. However, web-based material is copyrighted just as print and other media are and notification of copyright is not required. (simpson page 139) So, digital resources should undergo the same four tests of fair use as other print and media formats.
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. It’s a common misconception that “schools can use any copyright-protected materials they wish because they are schools OR that using materials is okay if you don’t make a profit. Fair use tries to balance the rights of the author and creator and the need for the public to have access to knowledge so that we can make scientific and creative advancements.There are FOUR tests when assessing fair use. 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. Commercial use of material would be viewed less favorably.
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 copy to include in a PowerPoint or presentation 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.
In this first example, when we talk about copying or scanning or redistributing a Full works we’re talking about – a full book, full article, full poem , full songIn the second example, by requiring students to send a copyrighted document to OneNote or print it, you are requiring them to copy it . A link to the web site might better serve the needFinally, technically, The YouTube license does not allow you to save a YouTube file to your tablet so that you can use it later. This goes against the YouTube license. We all understand that this saves time, works more smoothly without the buffering problem, but technically it’s illegal. These are just a few examples, I think you’ll have time in your department meetings to discuss other situations or issues that are pertinent to your department.
With every item, you should evaluate the material for fair use, using the four factors or tests that I’ve described. If your material does not fall with in the fair use guidelines.. Here are some options for you… (Pg 179) You can request permission to copy material. This book has an example of how to request permission and a practical explanation of what is required. My experience is that you need to plan ahead and make your request at least 6 weeks in advance. If you use materials from the databases that Brophy subscribes to, copyright is covered. I’m talking about Proquest, ebrary, videos from Discovery Ed, Opposing Viewpoints, the Science database. With any of these resources, you can add links to your Blackboard pages or attach a pdf file and there’s no copyright infringement. That is one benefit to using these subscription materials.
Purchase copies or redistribution rights for the students.CREATIVE COMMONS: A couple of purposes: it’s a non-profit resource that allows you to LICENSE your creative work so you can specify how you will allow others to use your work. Mica has used..It also allows you to look for content that you can freely and legally use, there is a giant poolof CC-licensed creativity available to you. There are hundreds of millions of works —from songs and videos to scientific and academic material — available to the publicfor free and legal use under the terms of our copyright licenses, PUBLIC DOMAIN: A work NOT protected by copyright is considered to be in the public domain. Examples are works: created by government employees, so the U.S. government web sites are in the public domain, free of copyright so you could use them. All works published before 1923 are in the public domain and have lots their copyright. Some authors deliberately put their web sites in the public domain (such as educational site– however , since 1989 a copyright notice is not required on materials for it to be copyright protected. (pubdomain.com can help locate public domain materials)Is there an educational Web site that grants permission for educational use? There are many educational web pages that grant permission for educational use. )pg 140)
We have a brochure for you that presents some common questions and answers about copyright for educators. Some of the information may be helpful to your situation or department.
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.
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.”
Duration of Copyright• Works created before 1923 are in public domain• Lasts for the life of the author plus 70 years.• Works created from 1923-1978 have varying periods of copyright.
The Big Challenge New technologiesoutpace copyright law.
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
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?
Possible Options Can you purchase copies for students? Will a license or materials from 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?
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.