On October 23rd, 2014, we updated our
By continuing to use LinkedIn’s SlideShare service, you agree to the revised terms, so please take a few minutes to review them.
Four Concepts GuideDecisionsCopyright Law Public Domainflickr.com/photos/kimberlyfaye flickr.com/photos/library_of_congressFair Use Creative Commons www.creativecommons.org stljfl.org
Why Should You Care? Ethical Decision Modeling the ethical use of media & technology for students It’s the Law Criminal penalties up to 1 yr in jail Civil liability for damages & profits • judge’s discretion up to $50,000 Personal liability–your job
CopyrightExclusive legal right to decide how, when, andwhere a work can be reproduced. Covers text, music, pictures, video, computer code, sculpture, architecture, & other intellectual works • Established as soon as a work becomes tangible • Does not cover facts or ideas, but does protect the “unique expression” of them Files On Record: http://www.loc.gov/teachers/copyrightmystery
Ownershipas defined by the 1976 Copyright Act: Author’s life + 70 years Work For Hire: 120 years from creation 95 years from publication Works published prior to 1978 28 years; can be renewed up to 95 years Copyright Basics: http://www.copyright.gov/circs/circ1.pdf
Public Domain Can be used freely & without permission Works for which copyright ownership has expired Facts or ideas (but not their unique expression) Works by US government employees as part of their job (includes .gov sites such as nasa.gov or noaa.gov)
The Commons on Flickr www.flickr.com/commons
Fair Use stljfl.org Concepts & guidelinesas defined by 1976 Copyright Act
“Fair Use” of MediaA legal concept that applies to… Personal use (like iTunes & its DRM) Teaching & learning News reporting Parody Critical comment www.copyright.gov
Updated: Teach Act of 2002 1998: congress asked to facilitate digital technologies in distance education 2002: law allows fair use over a secure network such as ICN or Learning Management Systems Distribution via open networks still prohibited ICN images from iptv.org
4 Criteria Determine Fair Use1. Purpose & character of the use2. Nature of the copyrighted work3. Amount used in relation to the whole Portion limitations4. Effect of the use upon potential market value Limited or no distribution allowed www.iowaaeaonline.org | www.copyright.gov
Fair Use applies when…...using without permission,…portions,...of lawfully acquired works,...in educational multimedia projects,...created by teachers or students,...as part of systematic instruction,...within nonprofit educational institution,…with limited or no distribution.
Portion Limitations The amount of a copyrighted work that can be used in a project Limits apply cumulatively to each project for the academic term. Recognizes that K–6 students might not be able to adhere rigidly when working independently. “Brief Notes: Copyright for Students” at http://tinyurl.com/briefnotes
Examplesof Portion LimitationsFair Use Guidelines for Teachers & StudentsRefer to your own copy ofBriefNotes: Copyright for Students
Text Material Up to 10% or 1000 words (whichever less) 10% or 2 pages from short children’s book Poems Up to 250 words (entire poem if <250 words) No more than 3 poems by one poet or 5 poems from single anthology.
Photos & Illustrations No more than 5 images by one artist No more than 10% or 15 images (whichever less) from one collection Can alter if it supports instructional outcome Must cite the source where image is used – on the same page Linktribute! Image used with permission from pics4learning.com
Audio & VideoAudio or music video 10% or 30 seconds (whichever less)Video 10% or 3 minutes (whichever less)
Videotaping Only open broadcast or basic cable television No premium cable channels 10/45 day rule Transmission only via secure network
Creative CommonsCopyright Public Domain creativecommons.org search.creativecommons.org
Creative CommonsLicenses grant permission to: copy the work make derivative works distribute the work profit from the work www.creativecommons.org/about
Iowa AEA Online Terms &Conditions AP Images Prohibits use on web, newsletters, etc iCLIPART for Schools Allows use on your websites Specific citation format requested World Book Can’t use on websites without first seeking permission Only links to their home page allowed (no deep linking)
You can always request to domore Obtain written consent from copyright owner May not be a time-consuming process (e-mail) Be specific, don’t request blanket permission Templates: http://tinyurl.com/2dznwj http://tinyurl.com/24okpx
Summary Copyright Law Protection assumed once tangible form exists Fair Use Guidelines for Teachers & Students Portions of works may be used in limited circumstances Does not permit distribution on an open network Creative Commons Some rights reserved, consult the individual license Iowa AEA Online (and other sources) Consult individual terms & conditions