Copyright and Fair Use


                        Craig Nansen
                     Minot Public Schools


              Al...
Copyright and Fair Use

      This is an
 extremely important
         issue
    for educators!
Copyright and Fair Use



1st and foremost - It is a legal issue.

           Copyright Law:
         1976 Copyright Act
Copyright and Fair Use

Copyright is defined as the exclusive right of a creator to
 reproduce, prepare derivative works, d...
Copyright and Fair Use

   How are we able to use copyrighted work as educators?

                                       F...
Copyright and Fair Use
"When the fair use doctrine applies to a specific use of a work, the person making fair
  use of the...
Copyright and Fair Use
   The 1976 Copyright Act set forth four provisions
    by which copyrighted materials could be use...
Copyright and Fair Use

"Fair use is almost always a short excerpt and almost always
  attributed. (One should not use mor...
Copyright and Fair Use



             Whether the use is
        "Fair Use" or "Infringement"
   is intended for the cour...
Copyright and Fair Use


    But will the “copyright police”
    ever come to your classroom?


  Probably not, but if the...
Copyright and Fair Use


How would the “copyright police”
 ever find out about violations?


 Disgruntled parents, students...
Copyright and Fair Use


         2nd - It is a moral issue.

      How do you feel about students
   cheating on a test? ...
Copyright and Fair Use



   “Do as I say, not as I do”
                     Not a good example



  Your actions speak so...
One of the best resources
                   for educators.
                        By Hall Davidson




http://www.hallda...
Even though something may no longer be copyrighted,
          there is still Performance Rights
A middle school science class studying ocean ecosystems must
gather material for multimedia projects. The teacher download...
An elementary school designs a password-
protected Web site for families and faculty
only. It's OK for teachers to post st...
A teacher gets clip art and music from
popular file-sharing sites, then creates a
lesson plan and posts it on the school We...
A history class videotapes a Holocaust
survivor who lives in the community. The
students digitally compress the interview,...
On Back-to-School night, an elementary
school offers child care for students' younger
siblings. They put the kids in the l...
A student wants to play a clip of ethnic music
to represent her family's country of origin. Her
teacher has a CD that meet...
Last year, a school's science fair multimedia
CD-ROM was so popular everyone wanted a
copy of it. Everything in it was cop...
Hall Davidson’s Copyright Quiz
           Technology & Learning Magazine, October 2002


               http://www.halldav...
A Visit to Copyright Bay
      http://www.stfrancis.edu/cid/copyrightbay/
       Many of the Copyright and Fair Use statem...
http://www.law.duke.edu/cspd/comics/
Copyright
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  • Copyright

    1. 1. Copyright and Fair Use Craig Nansen Minot Public Schools All the links from this presentation can be found at http://tinyurl.com/56r2hd http://projects.minot.k12.nd.us/groups/craig/wiki/22ecd/Copyright_Resources.html
    2. 2. Copyright and Fair Use This is an extremely important issue for educators!
    3. 3. Copyright and Fair Use 1st and foremost - It is a legal issue. Copyright Law: 1976 Copyright Act
    4. 4. Copyright and Fair Use Copyright is defined as the exclusive right of a creator to reproduce, prepare derivative works, distribute, perform, display, sell, lend or rent their creations. The Copyright Act grants five rights to a copyright owner: The right to reproduce the copyrighted work. The right to prepare derivative works based upon the original(s). The right to distribute copies of the work. The right to perform the work publicly. The right to display the work publicly. http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test
    5. 5. Copyright and Fair Use How are we able to use copyrighted work as educators? Fair Use. The concept of "fair use" evolved over the years as courts tried to balance the rights of copyright holders with society's legitimate interest in making copies in certain, limited circumstances. "Fair Use" has a core belief that copying should be allowed for purposes of criticism, news reporting, teaching and scholarly research.
    6. 6. Copyright and Fair Use "When the fair use doctrine applies to a specific use of a work, the person making fair use of the work does not need to seek permission from the copyright owner or to compensate the copyright owner for the use of the work." Bruce A. Lehman, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks
    7. 7. Copyright and Fair Use The 1976 Copyright Act set forth four provisions by which copyrighted materials could be used in non-profit educational settings... The purpose and character of the use, including whether such use is of a commercial nature or is for non profit educational purposes. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. The effect of the use upon the potential market for or value of the copyrighted work.
    8. 8. Copyright and Fair Use "Fair use is almost always a short excerpt and almost always attributed. (One should not use more of the work than is necessary to make the commentary.) It should not harm the commercial value of the work -- in the sense of people no longer needing to buy it (which is another reason why reproduction of the entire work is generally forbidden.)"
    9. 9. Copyright and Fair Use Whether the use is "Fair Use" or "Infringement" is intended for the courts to decide. However, educators need not fear a lawsuit if they use the minimum amount sufficient and necessary for teaching.
    10. 10. Copyright and Fair Use But will the “copyright police” ever come to your classroom? Probably not, but if they do, guess whose name will be all over the news? Yours and mine!
    11. 11. Copyright and Fair Use How would the “copyright police” ever find out about violations? Disgruntled parents, students, staff members.
    12. 12. Copyright and Fair Use 2nd - It is a moral issue. How do you feel about students cheating on a test? Copying homework? Plagiarizing? Why would you break a federal copyright law right in front of these same students?
    13. 13. Copyright and Fair Use “Do as I say, not as I do” Not a good example Your actions speak so loudly, I can’t hear what you are saying What kind of example do you want them to see?
    14. 14. One of the best resources for educators. By Hall Davidson http://www.halldavidson.com/copyrightTEACH.pdf http://delicious.com/cnansen/copyright http://projects.minot.k12.nd.us/copyright
    15. 15. Even though something may no longer be copyrighted, there is still Performance Rights
    16. 16. A middle school science class studying ocean ecosystems must gather material for multimedia projects. The teacher downloads pictures and information on marine life from various commercial and noncommercial sites to store in a folder for students to access. This is fair use. True. The Web may be mined for resources. Download away (of course, don't hack into subscription sites)! But remember: you can't put these projects back up on the Web without permission from the copyright holders.
    17. 17. An elementary school designs a password- protected Web site for families and faculty only. It's OK for teachers to post student work there, even when it uses copyright material without permission. True. If the site really is protected, then this is considered OK. The school should monitor its Web hits, though, and make sure the outside world isn't sneaking in.
    18. 18. A teacher gets clip art and music from popular file-sharing sites, then creates a lesson plan and posts it on the school Web site to share with other teachers. This is permissible. False. Legitimately acquired material can be used in classrooms. However, under the current law, no teacher can redistribute such material over the Net or any other medium. You can use it, but you can't spread it around.
    19. 19. A history class videotapes a Holocaust survivor who lives in the community. The students digitally compress the interview, and, with the interviewee's permission, post it on the Web. Another school discovers the interview online and uses it in their History Day project. This is fair use. True. That's the other side of fair use. Just as you can use other people's intellectual property for educational purposes without permission, so can your own be used.
    20. 20. On Back-to-School night, an elementary school offers child care for students' younger siblings. They put the kids in the library and show them Disney VHS tapes bought by the PTA. This is permissible. False. Video (like everything else) is not covered under fair use for entertainment or reward. The use described is entertainment, pure and simple. However, Disney will sell you a one-time license for $25 that makes this legal use. Call Disney at (818) 560-1000, ask for "Rights," and prepare to trade faxes.
    21. 21. A student wants to play a clip of ethnic music to represent her family's country of origin. Her teacher has a CD that meets her needs. It is fair use for the student to copy and use the music in her project. True. See the chart on page 32 for limitations on length. To my mind, the music guidelines need to be rethought and broadened. Until then, look for CDs that are created royalty- free.
    22. 22. Last year, a school's science fair multimedia CD-ROM was so popular everyone wanted a copy of it. Everything in it was copied under fair use guidelines. It's permissible for the school to sell copies to recover the costs of reproduction. False. Fair use allows educational use of copyright material, true, but it does so only if there is no anticipation of wider distribution. Check on Royalty Free music. Note: This is not Copyright Free music.
    23. 23. Hall Davidson’s Copyright Quiz Technology & Learning Magazine, October 2002 http://www.halldavidson.com/TLQuiz.pdf http://www.halldavidson.com/TLQuizAnwers.pdf http://www.halldavidson.com/ http://www.halldavidson.net/ http://www.halldavidson.com/downloads.html The Educator's Guide to Copyright and Fair Use October 15, 2002 Technology & Learning Magazine http://www.techlearning.com/db_area/archives/TL/2002/10/copyright.php
    24. 24. A Visit to Copyright Bay http://www.stfrancis.edu/cid/copyrightbay/ Many of the Copyright and Fair Use statements were from Copyright Bay. 10 Big Myths about copyright explained http://www.templetons.com/brad/copymyths.html Copyright Laws for Teachers CyberPlayGround http://www.edu-cyberpg.com/Teachers/copyrightlaw.html Wes Fryer’s Wiki on Copyright http://teachdigital.pbwiki.com/copyright The Copyright Site http://www.thecopyrightsite.org/fairuse.html
    25. 25. http://www.law.duke.edu/cspd/comics/

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