411—Information Copyright, Fair Use, & the TEACH Act

Objectives Review copyright restrictions and requirements Articulate Fair Use principles Review the TEACH act State your responsibility Read Foothill’s expectations

Review copyright restrictions and requirements

Articulate Fair Use principles

Review the TEACH act

State your responsibility

Read Foothill’s expectations

Why Should Someone Have Copyright?

Restrictions Owner of copyright has exclusive right to: make copies or derivative works distribute copies by sale, gift, rental, lease, lending perform the work publicly display the work publicly (including individual images of audiovisual work) perform sound recording of the work publicly by digital audio transmission. you or I can’t do these things WITHOUT PERMISSION

Owner of copyright has exclusive right to:

make copies or derivative works

distribute copies by sale, gift, rental, lease, lending

perform the work publicly

display the work publicly (including individual images of audiovisual work)

perform sound recording of the work publicly by digital audio transmission.

Restrictions Redux Owner of copyright has exclusive right to: make or works D copies by s , g , r , l , l P the work ly D the work publicly (including ) P sound recording of the work publicly by . you or I can’t do these things WITHOUT PERMISSION

Owner of copyright has exclusive right to:

make or works

D copies by s , g , r , l , l

P the work ly

D the work publicly (including )

P sound recording of the work publicly by .

What is Fair Use? Disney

Disney

Fair Use—First Guideline Purpose and character of use commercial nature ? OR nonprofit, educational? Think of some specific copied material in your course. Measure it against the Fair Use Guidelines. Are you using it legally? Only you can tell.

Purpose and character of use

commercial nature ? OR

nonprofit, educational?

Fair Use—Second Guideline Nature of the copyrighted work Fiction Nonfiction unpublished Published

Nature of the copyrighted work

Fair Use—Third Guideline Amount and substantiality of the part used in relation to the whole work How much do you need to make your point? How long is the whole work?

Amount and substantiality of the part used in relation to the whole work

Fair Use—Fourth Guideline Effect of the use on the potential market for, or value of, the copyrighted work.

Effect of the use on the potential market for, or value of, the copyrighted work.

Fair Use—Fourth Guideline “ Fair use” vs “infringement” is hard to decide. No specific amount of content can safely be taken without permission. Acknowledging the source is NOT permission.

Fair Use Activities Activities courts deem “Fair Use“ Quotation of excerpts in a review or criticism for purposes of illustration or comment Quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations

Activities courts deem “Fair Use“

Quotation of excerpts in a review or criticism for purposes of illustration or comment

Quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations

Fair Use Activities Activities courts deem “Fair Use“ Use in a parody of some of the content of the work parodied Summary of an address or article, with brief quotations, in a news report

Activities courts deem “Fair Use“

Use in a parody of some of the content of the work parodied

Summary of an address or article, with brief quotations, in a news report

Fair Use Activities Activities courts deem “Fair Use“ Reproduction by a library of a portion of a work to replace part of a damaged copy Reproduction by a teacher or student of a small part (10%) of a work to illustrate a lesson

Activities courts deem “Fair Use“

Reproduction by a library of a portion of a work to replace part of a damaged copy

Reproduction by a teacher or student of a small part (10%) of a work to illustrate a lesson

Fair Use Activities Activities courts deem “Fair Use“ Reproduction of a work in legislative or judicial proceedings or reports Incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Activities courts deem “Fair Use“

Reproduction of a work in legislative or judicial proceedings or reports

Incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Whaddaya Know? Altogether now. Let’s take this quiz and CHEAT! We’ll share answers and copy off each other… Quizzzzzz

Altogether now. Let’s take this quiz and CHEAT! We’ll share answers and copy off each other…

Quizzzzzz

The TEACH Act T echnology, E ducation, a nd C opyright H armonization Act of 2002 The TEACH act says Students and teachers at an accredited, nonprofit, Educational institution can copy things for educational purposes without violating copyright if certain conditions are met.

T echnology, E ducation, a nd C opyright H armonization Act of 2002

The TEACH act says Students and teachers at an

accredited,

nonprofit,

Educational

institution can copy things for educational purposes without violating copyright if certain conditions are met.

So What are the Conditions? Only applies to students and teachers at an accredited, nonprofit, educational institution Nondramatic works are different from dramatic works Dramatic works have direction and content that mean most of the presentation is intended as performance before an audience Nondramatic works can be presented in their entirety

Only applies to students and teachers at an accredited, nonprofit, educational institution

Nondramatic works are different from dramatic works

Dramatic works have direction and content that mean most of the presentation is intended as performance before an audience

Nondramatic works can be presented in their entirety

Conditions Continued All other kinds of works, including dramatic works and display of works can be presented in Reasonable portions Comparable to what would be performed or displayed in a face to face classroom But wait! S L O W D O W N . Digital educational works do NOT fall under this exception Works produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks OR Unlawful copies (copies you know or reasonably should know were not lawfully made or acquired) are not covered by TEACH

All other kinds of works, including dramatic works and display of works can be presented in

Reasonable portions

Comparable to what would be performed or displayed in a face to face classroom

MORE Conditions Only under the direction or supervision of an instructor Must be part of the class teaching session As an integral part of systematic instructional activities, mediated or directed by instructor Directly related to the content and of material assistance in teaching that content

Only under the direction or supervision of an instructor

Must be part of the class teaching session

As an integral part of systematic instructional activities, mediated or directed by instructor

Directly related to the content and of material assistance in teaching that content

Conditions of Transmission Must only be available to students registered for the course for the duration of the course The institution must make every effort to limit student access to the duration of the course and not beyond If the copyright holder has instituted technological means to keep copies from being made or distributed beyond the course duration, the institution may not interfere with those technologies

Must only be available to students registered for the course for the duration of the course

The institution must make every effort to limit student access to the duration of the course and not beyond

If the copyright holder has instituted technological means to keep copies from being made or distributed beyond the course duration, the institution may not interfere with those technologies

Conditions for the Institution Must provide and publish copyright policies Make available accurate information about copyright Promote compliance with copyright law Notify students that course materials may be copyrighted

Must provide and publish copyright policies

Make available accurate information about copyright

Promote compliance with copyright law

Notify students that course materials may be copyrighted

What Does It All Mean? If you want to use copyrighted material in your course you must make sure you either can demonstrate you have permission from the copyright owner, OR are following the guidelines for Fair Use, OR have access under the TEACH Act. It is YOUR RESPONSIBILITY to comply with Copyright law. You are personally liable for the content of your courses.

If you want to use copyrighted material in your course you must make sure you either

can demonstrate you have permission from the copyright owner,

OR

are following the guidelines for Fair Use,

OR

have access under the TEACH Act.

Foothill College’s Expectations Faculty Handbook Copying and Printing Copying and printing is provided by the Quick Copy Center… “ Copyright compliance is the responsibility of the instructor.” District Policy Web Page Examples of behaviors constituting abuse which violate District Board Policy 3250 include, but are not limited to, the following activities: Copyright Violating terms of applicable software licensing agreements or copyright laws. Publishing copyrighted material without the consent of the owner on district Web sites in violation of copyright laws. I gotta stay awake! This is important!

Faculty Handbook

Copying and Printing

Copying and printing is provided by the Quick Copy Center…

“ Copyright compliance is the responsibility of the instructor.”

Examples of behaviors constituting abuse which violate District Board Policy 3250 include, but are not limited to, the following activities:

Copyright

Violating terms of applicable software licensing agreements or copyright laws.

Publishing copyrighted material without the consent of the owner on district Web sites in violation of copyright laws.

Did We Meet Our Objectives? Do you “get” copyright restrictions ? Do you have a handle on the requirements for using copyrighted materials in your courses? Does Fair Use make sense to you? Do you know how the TEACH act can help you? What is your responsibility for compliance? What Foothill College’s expectation that you adhere to the law on copyright?

Do you “get” copyright restrictions ?

Do you have a handle on the requirements for using copyrighted materials in your courses?

Does Fair Use make sense to you?

Do you know how the TEACH act can help you?

What is your responsibility for compliance?

What Foothill College’s expectation that you adhere to the law on copyright?

Last Thought Public domain is any work published before 1927 or published by the federal government. Open educational resource and creative commons licensing allow you to copy with attribution.

Public domain is any work published before 1927 or published by the federal government.

Open educational resource and creative commons licensing allow you to copy with attribution.

So Now You Know! 1 st choice: No copyright Public Domain or Open Educational Resources 2 nd Choice: Copyright with permission to use 3 rd Choice: Use under Fair Use guidelines or the TEACH Act

1 st choice: No copyright Public Domain or Open Educational Resources

2 nd Choice: Copyright with permission to use

3 rd Choice: Use under Fair Use guidelines or the TEACH Act