Copyright
& Fair Use

  Alicia Tippins
How does
copyright
affect me?
Copyright is:
“The U.S. Law that protects the
works of authors, artists, composers,
& others from being used without
permission.”
         (Cyberbee.com)

  Also, anything you write or record is
      automatically copyrighted,
          and belongs to you!
Purpose of Copyright?

     “To promote creativity,
      innovation and the
      spread of knowledge”
                Article 1, Section 8
                  U.S. Constitution
Eye of Newt: Songwriter sues
Gingrich for using 'Eye of the
Tiger' music
Lawsuit seeks to stop politician's use of
'Rocky II track


             January 30, 2012 – by Andy Grimm,
                        Chicago Tribune reporter
How long does copyright protection
last?
Copyright protection does not last forever. A copyright
 has a "term" or length, depending on when the work
 itself was created. For works created after January 1,
 1978, the term of copyright is the life of the author
 plus 70 years or, if the work is a Work-for-Hire, the
 term is 95 years from first Publication or 120 years
 from creation, whichever expires first. For works
 published or registered prior to January 1978, the
 term of copyright is 95 years.
                (from Copyright Kids!)
More Copyright questions:
 Other than books, exactly what can be
 copyrighted?
 Print: articles, newspapers, newsletters, poems, sheet
 music, plays, musicals, etc.
 Nonprint: videos, DVDs, CD-ROMs, software, audio
 recordings, multimedia, photos, TV programs, public
 performances, statues, paintings, etc.
 Internet: web pages, e-mails, digitized graphics & movies &
 ads, other digitized works available on the WWW.
 All these can be covered by copyright law.
                       (Butler 5)
Public Domain
  ●
      When copyright expires, works go into the
      public domain
  ●
      Works in the public domain may be freely
      used, without permission
  ●
      Works produced by the U.S. Government,
      or any government agency, are also in the
      public domain.
  ●
      Citing sources is still important.
More copyright terms
Attribution: citing your sources
Infringement: Copying another's work in
violation of law
Licensing: Asking permission and paying
a fee
Fair Use: Legal use of copyrighted works
without permission or payment
How do I know if it’s Fair Use?
  Four important factors:
    Purpose of use
          Must be educational, not to make a profit

    Nature of the work
          Better to use non-fiction than fiction

    Amount you need to borrow
          Small amount OK, & not “heart of the work”

    Effect on the marketplace
          Will it take away sales from the copyright holder?
                                  (Butler 15-17)
How do I know if it’s Fair Use?
  Fifth factor: Transformative Use
  “When a user of copyrighted materials adds
  value to, or repurposes materials for a use
  different from that for which it was originally
  intended, it will likely be... transformative use,”
  and is Fair Use.
  “Fair Use embraces the modifying of existing
  media content, placing it in new context.”
                      -Joyce Valenza, School Library Journal
Examples of Transformative use

 “Parody is one of the most clearly
 identified transformative uses, but
 any use of a source work that
 criticizes or comments on the source
 may also be transformative”
               http://www.lib.umn.edu/copyright/fairuse


 Songs by Weird Al Yankovic, for example.
Examples of Transformative use
  “Audio and video mixes and remixes
  are examples of transformative works, as
  well as other kinds of works that use
  existing content to do unexpected and new
  things”
               http://www.lib.umn.edu/copyright/fairuse



  Students' multimedia projects &
  mashups also fall into this category.
For more about Fair Use

  Use the “Fair Use Checklist”
    (see handout)


  Use the online Fair Use Tool at:

  http://www.lib.umn.edu/copyright/fairthoughts
Creative Commons

 ●
     A license that allows the distribution of
     copyrighted works
 ●
     There are different types, such as:
         –   Attribution: you may copy, distribute,
               display & perform the work & make
               derivative works based on it as long
               as the author is given credit.
         –   Noncommercial: the same rights, but
              only for noncommercial purposes
Creative Commons

  ●
      Some authors, such as Cory Doctorow,
      always release their books under the
      Creative Commons open license, which
      allows readers to share and re-mix their
      books.
                             (Singularityweb.com)
What should I do?
Look for images & songs with a
“Creative Commons” license; you can use these
without permission.
                 For songs:
         Legal music for videos
 (link under Media tab on Student homepage)
                For images:
         Flickr.com, advanced search
What should I do?
Remember Fair Use when using books, articles,
music, images, etc.
(Use “Checklist for Fair Use” handout)


Always remember to cite your sources!
EasyBib is great for creating your citations, and
the link is under the “Media” tab on the
students' home page.
Standards
National Educational Technology Standards
for Students
5. Digital Citizenship
   Students understand human, cultural, and societal issues
related to technology and practice legal and ethical behavior.
    Students:
    a. advocate and practice safe, legal, and responsible use of
       information and technology.

    c. demonstrate personal responsibility for lifelong learning.


                          (NETS for Students)
References
Butler, Rebecca P.. Copyright for Teachers and Librarians. New York:
Neal-Schuman Publishers, Inc., 2004.
"Checklist for Fair Use." IUPUI Libraries. 10 Mar 2003. Indiana
University Purdue University Indianapolis. 7 Jul 2009
"ISTE/NETS for students 2007." ISTE home. 2007. International
Society for Technology in Education. 7 Jul 2009
<http://www.iste.org/Content/NavigationMenu/NETS/ForStudents/2007
Standards/NETS_for_Students_2007.htm>.
Kaemming, Laura. "Copyright Lesson Plan by Laura Kaemming."
Copyright with Cyberbee. 2001 Web. 6 Jul 2009.
<www.cyberbee.com/copyrpln.pdf>.
"Understanding Fair Use." University of Minnesota Libraries. University
of Minnesota, 2010. Web. 15 Feb. 2012.
<http://www.lib.umn.edu/copyright/fairuse>.

Copyright and fair use

  • 1.
    Copyright & Fair Use Alicia Tippins
  • 2.
  • 3.
    Copyright is: “The U.S.Law that protects the works of authors, artists, composers, & others from being used without permission.” (Cyberbee.com) Also, anything you write or record is automatically copyrighted, and belongs to you!
  • 4.
    Purpose of Copyright? “To promote creativity, innovation and the spread of knowledge” Article 1, Section 8 U.S. Constitution
  • 5.
    Eye of Newt:Songwriter sues Gingrich for using 'Eye of the Tiger' music Lawsuit seeks to stop politician's use of 'Rocky II track January 30, 2012 – by Andy Grimm, Chicago Tribune reporter
  • 6.
    How long doescopyright protection last? Copyright protection does not last forever. A copyright has a "term" or length, depending on when the work itself was created. For works created after January 1, 1978, the term of copyright is the life of the author plus 70 years or, if the work is a Work-for-Hire, the term is 95 years from first Publication or 120 years from creation, whichever expires first. For works published or registered prior to January 1978, the term of copyright is 95 years. (from Copyright Kids!)
  • 7.
    More Copyright questions: Other than books, exactly what can be copyrighted? Print: articles, newspapers, newsletters, poems, sheet music, plays, musicals, etc. Nonprint: videos, DVDs, CD-ROMs, software, audio recordings, multimedia, photos, TV programs, public performances, statues, paintings, etc. Internet: web pages, e-mails, digitized graphics & movies & ads, other digitized works available on the WWW. All these can be covered by copyright law. (Butler 5)
  • 8.
    Public Domain ● When copyright expires, works go into the public domain ● Works in the public domain may be freely used, without permission ● Works produced by the U.S. Government, or any government agency, are also in the public domain. ● Citing sources is still important.
  • 9.
    More copyright terms Attribution:citing your sources Infringement: Copying another's work in violation of law Licensing: Asking permission and paying a fee Fair Use: Legal use of copyrighted works without permission or payment
  • 10.
    How do Iknow if it’s Fair Use? Four important factors: Purpose of use Must be educational, not to make a profit Nature of the work Better to use non-fiction than fiction Amount you need to borrow Small amount OK, & not “heart of the work” Effect on the marketplace Will it take away sales from the copyright holder? (Butler 15-17)
  • 11.
    How do Iknow if it’s Fair Use? Fifth factor: Transformative Use “When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be... transformative use,” and is Fair Use. “Fair Use embraces the modifying of existing media content, placing it in new context.” -Joyce Valenza, School Library Journal
  • 12.
    Examples of Transformativeuse “Parody is one of the most clearly identified transformative uses, but any use of a source work that criticizes or comments on the source may also be transformative” http://www.lib.umn.edu/copyright/fairuse Songs by Weird Al Yankovic, for example.
  • 13.
    Examples of Transformativeuse “Audio and video mixes and remixes are examples of transformative works, as well as other kinds of works that use existing content to do unexpected and new things” http://www.lib.umn.edu/copyright/fairuse Students' multimedia projects & mashups also fall into this category.
  • 14.
    For more aboutFair Use Use the “Fair Use Checklist” (see handout) Use the online Fair Use Tool at: http://www.lib.umn.edu/copyright/fairthoughts
  • 15.
    Creative Commons ● A license that allows the distribution of copyrighted works ● There are different types, such as: – Attribution: you may copy, distribute, display & perform the work & make derivative works based on it as long as the author is given credit. – Noncommercial: the same rights, but only for noncommercial purposes
  • 16.
    Creative Commons ● Some authors, such as Cory Doctorow, always release their books under the Creative Commons open license, which allows readers to share and re-mix their books. (Singularityweb.com)
  • 17.
    What should Ido? Look for images & songs with a “Creative Commons” license; you can use these without permission. For songs: Legal music for videos (link under Media tab on Student homepage) For images: Flickr.com, advanced search
  • 18.
    What should Ido? Remember Fair Use when using books, articles, music, images, etc. (Use “Checklist for Fair Use” handout) Always remember to cite your sources! EasyBib is great for creating your citations, and the link is under the “Media” tab on the students' home page.
  • 19.
    Standards National Educational TechnologyStandards for Students 5. Digital Citizenship Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior. Students: a. advocate and practice safe, legal, and responsible use of information and technology. c. demonstrate personal responsibility for lifelong learning. (NETS for Students)
  • 20.
    References Butler, Rebecca P..Copyright for Teachers and Librarians. New York: Neal-Schuman Publishers, Inc., 2004. "Checklist for Fair Use." IUPUI Libraries. 10 Mar 2003. Indiana University Purdue University Indianapolis. 7 Jul 2009 "ISTE/NETS for students 2007." ISTE home. 2007. International Society for Technology in Education. 7 Jul 2009 <http://www.iste.org/Content/NavigationMenu/NETS/ForStudents/2007 Standards/NETS_for_Students_2007.htm>. Kaemming, Laura. "Copyright Lesson Plan by Laura Kaemming." Copyright with Cyberbee. 2001 Web. 6 Jul 2009. <www.cyberbee.com/copyrpln.pdf>. "Understanding Fair Use." University of Minnesota Libraries. University of Minnesota, 2010. Web. 15 Feb. 2012. <http://www.lib.umn.edu/copyright/fairuse>.