1790, Congress passed the first US Copyright Act which gave authors an exclusive copyright for a 14 yr term with the possibility to renew for another 14 years.
Not copyrightable: titles, names, short phrases and slogans, familiar symbols, numbersIdeas and facts (such as the date of the Gettysburg address)Processes and systemsGovernment works and documents – prepared by an officer or employee of the US government as part of that person’s official duties. Unless contract work done on behalf of the US govt.
Project Gutenberg – electronic booksLibrivox - audio booksPrelinger Archives – advertising, educational, industrial, and amateur films
Transformative quality: is the new work the same as the copyrighted work or have you transformed the original work, using it in a new and different way?Commercial or noncommercial – will you make money from the new work, or is it inteded for nonprofit, educational, or personal purposes?2. Nature of copyrighted work – more likely to be considered fair use when the copied work is factual rather than creative.3. Amount used: copying nearly all of the original work or the “heart of the work” weighs against fair use
These limits are cumulative to each student’s multimedia project for the same academic semesterText Material – an entire poem of less than 250 words may be used but no more than three poems by one poet or five poems by different poets from any anthologyMusic – any alterations to a musical work shall not change the basic melody or the fundamental character of the work
Copyright in a digital world
The Congress shall have Power To…promote theProgress of Science and useful Arts, by securing forlimited Times to Authors and Inventors theexclusive Right to their respective Writings andDiscoveries.-US Constitution, Article 1, Section 81
Copyright is a form of legal protection automatically provided to the author/creator or owner of an original creative work US Copyright law gives the author/creator/owner exclusive rights to: Reproduce or distribute the original work to the public Create new works based on the original Perform or display the work publicly
Literary works Music and lyrics Dramatic works and music Choreographic works Photos, graphics, paintings, sculptural works Motion pictures and other audiovisual works Video game software and computer software Audio recordings Architectural works ** ideas are not copyrighted unless they are in a tangible form **
Original works, created after 1977 – Life of the author/creator + 70 yrs after death (passed on to heirs) Corporate works and anonymous works created after 1977 – 95-120 years from publication
First Sale – allows a consumer to resell copyrighted materials such as a book or CD Public Domain – works can be freely used by anyone; unrestricted access; these may be designated for free or may no longer be covered under copyright status Licensing – copyright owner may give explicit permission for someone to use material normally restricted Creative commons license – creators WANT to give permission of use
Public Domain works are not restricted by copyright 3 Main categories of Public Domain works: 1. works that automatically enter the public domain upon creation because they are not copyrightable 2. works that have been assigned to the public domain by their creators 3. works that have entered the public domain because the copyright on them has expired.
Smithsonian Institution Public Domain Images New York Times Public Domain Archives Project Gutenberg Librivox Prelinger Archives
Fair Use allows the public to use portions of the copyrighted work without permission from copyright owner.
Four Factors: 1. Purpose and character of second use – is it simply a copy or are you doing something different with the original 2. The nature of the original – was the original work creative or primarily informational? 3. Amount used: how much of the original work was used, and was that amount necessary? 4. Effect: Did the use harm the market for the original work? For example: would people buy this work instead of the original?
Student use: Students may perform and display their own educational multimedia projects that incorporate portions of LAWFULLY acquired copyrighted works for educational uses in the course for which they were created
They are subject to the following limitations: 1. Time limitations: students may use their multimedia presentation to add to a portfolio as examples of their academic work for later personal uses such as job and college interviews.
Motion Media – Up to 10% or 3 minutes of the total amount of copyrighted material from a single copyrighted work. Text Material – Up to 10% or 1,000 words Music, Lyrics, and Music Video – Up to 10%, but in no event more than 30 seconds Illustrations and Photographs- no more than 5 images by an artist or photographer
There may be no more than 2 use copies In the case of a collaborative assignment, each creator may retain ONE copy
Caution in downloading material from the internet – there is a mix of works protected by copyright and those in the public domain. !! Access to works on the Internet does not automatically mean these can be reproduced and reused without permission or royalty payments!!
Educational Multimedia Fair Use Guidelines Development Committee. (1996). Fair Use Guidelines for Educational Multimedia. Retrieved from http://www.utsystem.edu/OGC/IntellectualPr operty.ccmcguid.htm on October 18, 2010. Simpson, Carol. (2005).Copyright for Schools: A Practical Guide, Fourth Edition. Worthington: Linworth Books.