Please Note: In the presentation, stars mark slides that only scratch the surface of their topics. Session Description: Join this session for an overview of U.S. Copyright law and its place in today's schools. We'll cover Fair Use, Creative Commons, Public Domain and a wealth of resources one can use to find free images and music online.

1. COPYRIGHT 101
Karla Aleman, Morehead State University
School Librarian Symposium, June 2013
(This is not a legal opinion.)

2. SESSION OUTLINE
 Brief Overview of Copyright Law
 Copyright in Education
 Using Material Legally
 Questions

3. COPYRIGHT OVERVIEW

4. COPYRIGHT LAW
Title 17 of the United States Code
Copyright is the rule, not the exception.

5. OWNERS HAVE THE RIGHT TO:
 Reproduce.
 Make derivative works.
 Distribute copies.
 Via sale, transfer, rental, lease, or lending.
 Perform publicly.
 Display publicly.
 Broadcast via digital audio transmission.
 Give permission for others to use.
But…

6. THE ITEM MUST BE…
Original
(facts don’t count)
&
Fixed in a tangible medium
(ideas don’t count)

7. WHAT CAN BE COPYRIGHTED?
 literary works
 musical works, including any accompanying words
 dramatic works, including any accompanying music
 pantomimes and choreographic works
 pictorial, graphic, and sculptural works
 motion pictures and other audiovisual works
 sound recordings
 architectural works

8. TWO IMPORTANT PRINCIPLES ABOUT
OWNERSHIP
 Minors can hold copyright but there may be state laws
that regulate the handling of such copyright business
transactions.
 Owning a copy does not mean the owner has copyright.
(Credit: U.S. Copyright Office’s Copyright Basics)

9. LENGTH OF COPYRIGHT
 As of 1989, the length of copyright is 70 years after
death of author or 95/120 years for works for hire or
corporate authors.
 Everything published before 1923 is in the public
domain.
 And everything published on or after March
1, 1989, does not require the copyright symbol to
be protected.
Use a digital slider to determine copyright:
http://www.librarycopyright.net/resources/digitalslider/

10. EXEMPTIONS (TO
USE WITHOUT PERMISSION)
 Fair Use (Section 107)
 Reproductions by Libraries and Archives (Section 108)
 First Sale (Section 109)
(See also Sections 110-112, 117, 119, 121 & 122)

11. FAIR USE FOR THE PURPOSES OF…
 Commentary
 Parody
 News Reporting
 Scholarly Research
 Education

12. FAIR USE & THE FOUR FACTORS
 (1) the purpose and character of the use, including
whether such use is of a commercial nature or is for
nonprofit educational purposes;
 (2) the nature of the copyrighted work;
 (3) the amount and substantiality of the portion
used in relation to the copyrighted work as a whole;
and
 (4) the effect of the use upon the potential market
for or value of the copyrighted work.

13. FAIR USE CHECK LISTS
 Columbia University-
http://copyright.columbia.edu/copyright/fair-use/fair-
use-checklist/
 Copyright.com-
http://www.copyright.com/Services/copyrightoncam
pus/basics/fairuse_list.html

14. EXEMPTIONS FOR LIBRARY REPRODUCTIONS
Libraries can make copies of articles or portions of
items for patrons if:
 Only one item from a source is copied.
 It is not used for commercial purposes, and the Library
has no reason to believe otherwise.
 The original was obtained legally.
 The Library is open to the public or to other researchers.
 Reproductions include copyright notices and the request
form includes a copyright warning.

15. EXEMPTIONS FOR LIBRARY REPRODUCTIONS
Libraries can make 3 copies of unpublished items for
preservation purposes and 3 copies of published items
for replacement purposes if:
 The item is owned by the Library.
 The reproduction is not removed from the Library.
 In the case of replacements, a copy is not available at a fair
price after the Library has made a reasonable effort to locate
such a copy.
 The reproduction includes a copyright notice.

16. FIRST SALE EXEMPTIONS
After purchasing an item, the owner can:
 Resell the item.
 Lend the item.
 Or dispose of the item.
Copyright owners have no say in the price if resold.

17. THERE IS A DIFFERENCE BETWEEN…
Reproduction Rights
&
Distribution Rights

18. DMCA
 Protects online service providers (including
libraries) if their users break copyright, under
certain conditions.
 Circumventing Access Controls= Illegal
 Circumventing Copyright Controls=Legal
 Makes it illegal to manufacture or sell circumvention
tools.

19. PUBLIC DOMAIN
Includes:
 Facts.
 Everything published before 1923 (i.e. 1922 and
earlier).
 Any work specifically published in the public
domain.
 Works created by the U.S. Government (state
governments differ).

20. IN EDUCATION

21. SECTION 110
 Section 110 is the big one for educational
institutions. It originally covered only face-to-face
classroom uses of copyrighted materials.
Until…
 The TEACH Act of 2002 revised and expanded the
section to accommodate distance education.

22. THE TEACH ACT
For schools to take advantage of the TEACH Act
exemptions for digital material, the accredited
school must have:
 Copyright policies in place.
 Educational resources about copyright available to
instructors, students, and staff.

23. PUBLIC DISPLAY
In the classroom, instructors can display analog or
digital copyrighted works if:
 They obtained the item legally.
 They work at a non-profit educational institution.
 They are displaying the item as part of their course
curriculum.

24. PUBLIC PERFORMANCE
Educational institutions can perform non-dramatic
literary or musical works under certain conditions:
 Admission to the performance is free, or…
 All proceeds are used for educational, religious, or
charitable purposes.
 The performers are not paid.
 There is no commercial advantage in performing the
work.

25. USING MATERIAL LEGALLY

26. GETTING PERMISSION
 When contacting the copyright holder directly, be
sure to get written permission to use the work.
 If you are uncertain about the copyright
status, contact the U.S. Copyright Office:
http://www.copyright.gov/
 Investigate licensing and permissions agencies like
the Copyright Clearance Center:
http://www.copyright.com/

27. PUBLIC PERFORMANCE PERMISSIONS
 When the previously discussed conditions are not
met, the school can license the right to perform by
contacting the performing rights societies like
ASCAP, BMI, SOCAN, and SESAC.
 If the school wants to record any music (as
opposed to just performing it), they can contact
Harry Fox Agency. This applies to the school
recording performances for parents though one
may argue Fair Use.

28. DRAMATIC WORKS
 Dramatic works (plays and musicals) always
require permission to perform.
 There are no associations that handle these works,
so you must contact the copyright holders directly
for permission.

29. CREATIVE COMMONS
http://creativecommons.org/
 Allows creators to license their work without hassle.
 Licensing options available:
 Attribution (all)
 Commercial/Non-Commercial
 Derivative Works Allowed/Not Allowed
 ShareAlike

30. ROYALTY FREE RESOURCES
Keep in mind:
 Web site sign up is sometimes required.
 They may limit free access to smaller images only.
 Larger images may be available at a price.
 Attribution is almost always required.
 A link back to the Web site may also be required.

31. FREE IMAGE SOURCES
 Creative Commons Search
 Flickr Creative Commons
 Wikimedia Commons
 Microsoft Office Images
 FreeDigitalPhotos.net
 StockFreeImages.com

32. ROYALTY FREE MUSIC
 ccMixter
 Free Music Archive
 Jamendo
 Magnatune
 BeatPick
 CASH Music
 Opsound
 Podsafe Audio
 AudioFarm
 Internet Archive’s
Netlabels Collection

33. HOW TO CITE
1. Include the Copyright Symbol, ©, the word
Copyright, or the abbreviation on each page
where the content is used.
2. Include the first year of copyright.
3. Include the creator’s name.
© 2013 William Turner
(Credit: U.S. Copyright Office’s Copyright Basics)

34. RESOURCES
Adventure of the American Mind. (n.d.). Copyright for
teachers and school librarians. Available at
http://users.mhc.edu/facultystaff/awalter/Brim%20site/in
dex.html
Crews, K. D. (2012). Copyright law for librarians and
educators: Creative strategies & practical solutions (3rd
ed.). Chicago, IL: American Library Association.
Russell, C. (2004). Complete copyright: An everyday guide
for librarians. Chicago, IL: American Library
Association.
U.S. Copyright Office. (2012). Copyright Basics. Retrieved
from: http://www.copyright.gov/circs/circ01.pdf