Educational Fair Use and Copyright


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Educational Fair Use and Copyright

  1. 1. Educational Fair Use and Copyright Presented by Jasmine Sanders
  2. 3. WHAT?
  3. 4. What is copyright? <ul><li>Copyright is legal protection provided to authors of original work. “Work” includes art, literature and/or anything else that expresses information or ideas. It provides authors the right to control how the work is used. </li></ul>
  4. 5. What are my rights as a copyright holder? <ul><li>The right to copy </li></ul><ul><li>The right to sell or distribute </li></ul><ul><li>The right to prepare new works based on protected work </li></ul><ul><li>The right to perform the protected work in public </li></ul><ul><li>The right to display the work in public </li></ul>
  5. 6. What works are protected by copyright? <ul><li>Published and unpublished “tangible original” works </li></ul><ul><li>Literary, musical, dramatic, audiovisual, and architectural work </li></ul><ul><li>Sound recordings </li></ul>
  6. 7. What works are NOT protected by copyright? <ul><li>Non-tangible expressions (i.e. words, names, titles, slogans, blank forms, etc.) </li></ul><ul><li>Works “Made-for-Hire” </li></ul><ul><li>Works containing information that is common property or works having no author </li></ul><ul><li>Works of the U.S. Government </li></ul>
  7. 8. WHO?
  8. 9. Who can claim copyright? <ul><li>Only the author or those deriving their rights through the author can rightfully claim copyright. </li></ul><ul><li>In the case of works made for hire, the employer and not the employee is considered to be the author and therefore can claim copyright. </li></ul>
  9. 10. WHEN?
  10. 11. When should you get permission? <ul><li>When you intend to use the materials for commercial or non-educational use </li></ul><ul><li>When you intend to use the material repeatedly or for long period of time </li></ul><ul><li>When you want to use more than half of the work or use the work in its entirety </li></ul><ul><li>When you plan to distribute the work </li></ul>
  11. 12. HOW?
  12. 13. How do I request permission? <ul><li>Identify the copyright owner. </li></ul><ul><li>Contact the copyright owner. </li></ul><ul><li>Secure permission. (Usually through a collective rights organization.) </li></ul>
  13. 14. Do I always need to seek permission? <ul><li>NO! </li></ul><ul><li>The law allows for use of the work falls if it falls within the definition of fair use! </li></ul>
  14. 15. What is Fair Use? <ul><li>Purpose and character of the use : If the work is used for nonprofit or educational purposes and/or the work is altered and used for a different purpose than the original use, it will probably be considered fair use. </li></ul><ul><li>Nature of the copyrighted work : Use of published, out-of-print, more factual works are more likely to be considered fair use. </li></ul><ul><li>Amount and substantiality of the portion used in relation to the copyrighted work as a whole : The less you use of a copyrighted work, the more likely to be considered fair use. </li></ul><ul><li>Effect of the use upon the potential market for or value of the copyrighted work: the more differences between your work and the original, the more likely it is to be considered fair use. </li></ul>Fair use is a condition of the copyright law that outlines the extent to which “work” can be copied or reproduced. The law does not give guidelines as to what is considered “fair use”, but does give the following four factors to consider when determining “fair use”:
  15. 16. How does copyright and fair use apply to distance education? The T echnology E ducation A nd C opyright H armonization Act
  16. 17. What is the TEACH Act? The TEACH revisions to the copyright act authorize the transmission, performance, and display of certain kinds and amounts of works under specified conditions and restrictions.
  17. 18. Who does the TEACH Act give authorization to? <ul><li>Non-profit Educational Institutions </li></ul><ul><li>Governmental Bodies </li></ul>
  18. 19. What works do the TEACH Act allow? <ul><li>The performance of non-dramatic literary and musical work </li></ul><ul><li>The display of works in an amount comparable to that displayed in a live classroom </li></ul>
  19. 20. But… <ul><li>Sometimes the people or works the copyright law is designed to protect doesn’t want or need protection! </li></ul>(There is always a but…)
  20. 21. Creative Commons <ul><li>Gives creators a simple, standardized way to grant copyright permissions to their creative work. </li></ul><ul><li>The Creative Commons licenses enable people to easily change their copyright terms from the default of “all rights reserved” to “some rights reserved” and sometimes even ‘no rights reserved.” </li></ul>
  21. 22. Creative Common Licenses <ul><li>Attribution </li></ul><ul><li>This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. </li></ul>
  22. 23. Creative Common Licenses <ul><li>Attribution Share Alike </li></ul><ul><li>This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms. </li></ul>
  23. 24. Creative Common Licenses <ul><li>Attribution No Derivatives </li></ul><ul><li>This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole , with credit to you. </li></ul>
  24. 25. Creative Common Licenses <ul><li>Attribution Non-Commercial </li></ul><ul><li>This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms. </li></ul>
  25. 26. Creative Common Licenses <ul><li>Attribution Non-Commercial Share Alike </li></ul><ul><li>This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature. </li></ul>
  26. 27. Creative Common Licenses <ul><li>Attribution Non-Commercial No Derivatives </li></ul><ul><li>This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially. </li></ul>
  27. 28. A Fair (y) Use Tale Here is a creative-common licensed video on Fair Use. Enjoy!!!
  28. 29. Resources <ul><li>Scholarly Communication Center of the NCSU Libraries: </li></ul><ul><li>The TEACH Act Toolkit: </li></ul><ul><li>Copyright Management Center: </li></ul>
  29. 30. Cont… <ul><li>Summary of the TEACH Act: </li></ul><ul><li>Copyright & Distance Education: </li></ul><ul><li> </li></ul><ul><li>Creative Commons: </li></ul><ul><li> </li></ul><ul><li>Stanford Law School and Eric Faden: </li></ul><ul><li> </li></ul>