The document discusses copyright issues educators may face when using online resources to develop curriculum materials. It outlines that most online content is copyright protected and automatically enjoys protection upon creation. However, educators have fair use rights and can utilize exceptions like public domain, orphan works, and Creative Commons licensing to legally incorporate others' works. Proper attribution and adhering to fair use factors can allow educators to build upon existing intellectual property for educational purposes without permission in many cases.

1. COPYRIGHTS &
EDUCATION
Anthony Ethridge EDTC6340 Sum2013

2. An educator can find a vast amount of resources on the
internet in which to generate curriculum support materials. But
care must be taken because the majority of the intellectual
property on the internet is copyright protected.

3. A copyright is a type of protection grounded in the U.S. Constitution
for original works of authorship created in a tangible medium of
expression.
The copyright protection comes in to effect at the moment of
creation of the original work. (U.S. Copyright Office 2006)

4. However the internet and nature of digital media brings new
challenges to copyright laws.
Authors of intellectual materials posted on the internet should
expect that their material will be read, viewed, downloaded,
printed, reposted and forwarded and used as basis for other
works. (Harper 2007)
Even so intellectual property posted on the internet is copyright
protected but by default comes with an implied limited license for
others to use their work except for the case of commercial
purposes (Harper 2007)

5. Fortunately educators have several avenues in which to utilize
other’s materials upon which to build their own materials
without violating copyright laws.

6. Copyright Clearance Center
To obtain an authors permission to use their work you can
contact the author directly or use the Copyright Clearance
Center to obtain permission or a license to use copyrighted
materials. (U.S. Copyright Office 2006)

7. Fair Use
Fair use allows educators to use protected materials, in some
circumstances, for educational purposes without asking
permission or paying for it. (Center for Social Media 2013)
When using another person’s work remember to use the following
four factors to determine if your use of their material falls under fair
use:
 The purpose and character of your use
 The nature of the copyrighted work
 The amount and substantiality of the portion taken
 The effect of the use upon the potential market.
(Stanford University Libraries

8. Public Domain
Materials that fall under public domain are works that can be
for free or without permission.
Public Domain covers any work published in the United State
before 1923 or works published before 1964 for which copyrig
were not renewed. (Renewal was a requirement for works
published before 1978.) A smaller group of works fell into the
domain because they were published without a copyright no
which was necessary for works published in the United States
before March 1, 1989. Some works are in the public domain
because the owner has indicated a desire to give them to th
public without copyright protection.
(Stanford University Librarie
2010)

9. Orphaned Works
“Orphan works,” a term used to describe the situation where the
owner of a copyrighted work cannot be identified and located by
someone who wishes to make use of the work in a manner that
requires permission of the copyright owner. (U.S. Copyright Office
2006)
Using orphan works still carry a possible risk of the copyright owner
surfacing. If such a case does happen the educator can still invoke
fair use provided the use of the material falls under the “four
factors”.

10. Creative Commons
Creative Commons is a nonprofit organization that enables the
sharing and use of creativity and knowledge through free legal
tools. These tools provide a simple, standardized way to give the
public permission to share and use your creative work — on
conditions of your choice. (Creative Commons 2013)
A creative commons license makes it easier for educators to
use materials found on the internet to create new resources
and materials to support their curriculum.

11. Thank You!
Every work of intellectual property was inspired by or built upon
the works of other people either in the past or present.
Knowledge improves the lives of everybody so it benefits us all to
make knowledge easily available to everyone.
So remember, spread the wealth but keep it safe.

12. WORKS CITED
 U.S. Copyright Office. (2006). Copyright in General. Retrieved May 31, 2013 from
http://www.copyright.gov/help/faq/faq-general.html#what
 Harper G. K.(2001,2007). Copyright Crash Course. University of Texas Libraries.
Retrieved May 31, 2013, from http://copyright.lib.utexas.edu/
 Center for Social Media. (2012). Code of Best practices in Fair Use for
Academic ans Research Libraries. Retrieved May 31. 2013 from
http://www.centerforsocialmedia.org/fair-use
 Stanford University Libraries. (2010). Measuring Fair Use: The Four Factors.
Retrieved May 31, 2013 from http://fairuse.stanford.edu/overview/fair-use/four-
factors/
 Stanford University Libraries. (2010). The Public Domain. Retrieved May 31, 2013
from http://fairuse.stanford.edu/overview/public-domain/
 U.S. Copyright Office. (2006) Report on Orphan Works. Retrieved May 31, 2013
from www.copyright.gov/orphan/orphan-report.pdf
 Creative Commons (2013). About. Retrieved May 31, 2013 from
http://creativecommons.org/about

13. IMAGES
 Copyright logo. clip art Retrieved May 31, 2013 from:
http://tamipapelashvili.files.wordpress.com/2010/11/copyright_blue.png
 Teacher in front of blackboard. Photograph Retrieved May 31, 2013 from:
http://theeducatorsroom.com/wp-content/uploads/2012/10/teachers.jpg
 Definition of Copyright. Photograph. Retrieved May 31, 2013 from:
http://www.thelogofactory.com/logo_blog/wp-content/uploads/2011/03/poor-mans-
copyright.jpg
 Hallway. Illustration. Retrieved May 31, 2013 from:
http://mantiseye.info/img/wallpapers/hallway/hallway1920x1200.jpg
 Copyright Clearance Center logo, graphic. Retrieved May 31, 2013 from:
http://www.copyright.com