Copyright Law, Fair Use, & Best Practices for Educators and Youth Services Librarians
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An overview of copyright factors concerning any form of education: K-12, higher ed, organizational. You have more rights than you may have thought.
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Copyright Law, Fair Use, & Best Practices for Educators and Youth Services Librarians
- 2. Permissions Licensed Works Media Literacy Academic Ethics Citation Plagiarism Copyright Fair Use 4 Factors Test Public Domain Digital Collections Level of Access Basic Terms Legal Terms Considerations
- 3. Media Literacy Academic Ethics Citation Plagiarism Basic Terms Viewing and communicating mass media, popular culture, and digital media Not law. Good faith practices. Referencing the original source Claiming an author’s works as your own by copying without citing.
- 4. Constitution: Article 1, Section 8 Copyright Law of 1976 Digital Millennium Copyright Act “Best Practices” redefined by • Educators • Research libraries • Open Source software designers • Documentary film makers TEACH Act
- 5. Defined Owner’s exclusive rights to: Reproduce, copy, distribute, publicly perform/ display, create derivatives 70 years from author’s death Original works Print: articles, books, newspapers, sheet music Non Print: software, movies, photos, artwork, music Web: Blogs, podcasts, web pages Exceptions Public domain Fair Use Non-copyrightable works- facts, ideas, processes Christine Fruin “Copyright and Fair Use.” ufdc.ufl.edu/trc/copyright
- 6. Christine Fruin “Copyright and Fair Use.” ufdc.ufl.edu/trc/copyright Exemption from exclusive owner rights for: • Education • Parody • Criticism • News reporting • Research
- 7. Exclusive Rights Fair Use Spontaneous Transformative Educational Repetitive Reproduction Commercial Exclusive Rights Fair Use Orphan work No viable market Ready market Exclusive Rights Fair Use Not supplemental Essential to course Small Quantity “Heart of the Matter” Large quantity Exclusive Rights Fair Use Factual Technical Artistic or creative Purpose and Character of Use Amount of Work Used Nature of the Work Effect on the Market No one factor determines fair use – consider the four together Christine Fruin “Copyright and Fair Use.” ufdc.ufl.edu/trc/copyright
- 8. 1900 Use Fair Use1975 Before 1923 Federal Government
- 9. Before 1923 Federal Government US Department of Agriculture Use Fair Use University of Florida
- 10. Before 1923 Federal Government 1900 US Govt. Printing Office Use Fair Use 1987 USSR
- 11. Copyright Status Permissions Overview Fair Use Attribution of Source Citations in a CV Public Domain Clear Restrictions
- 12. Databases Subscriptions Creative Commons Pool of content that can be copied, distributed, edited, remixed, and built upon, all within the boundaries of copyright law.
- 13. Closed Online Classroom Presentations Hardcopies Assemblies Closed-circuit TV Physical Closed Online Public Online Classroom Use Presentations Hardcopies Assemblies Closed-circuit TV Blackboard Course Edline Class Edmodo District Vodcast Glogster Prezi School Tube Personal Website School Website
- 14. Employing copyrighted material in media literacy lessons Limitations • Must be relevant to the topic • Amount only what is necessary • When possible, provide proper attribution • Provide reasonable protection against third-party access and downloads. Lessons Code of Best Practices in Fair Use for Media Education
- 15. Employing copyright material in preparing curriculum materials Limitations • Meet professional standards for curriculum development • Materials include: • objectives • instructional practices • assignments • assessment criteria • Amount only what is necessary • When possible, provide proper attribution Materials Code of Best Practices in Fair Use for Media Education
- 16. Sharing media literacy curriculum materials Limitations • Meet educational objectives • Amount only what is necessary • Seek permission for promotion materials (not fair use) • License agreements trump fair use • When possible, provide proper attribution Sharing Code of Best Practices in Fair Use for Media Education
- 17. Limitations • Should not substitute creative effort • Students should developmentally be able to demonstrate how use repurposes or transforms original • When possible, provide proper attribution • Encourage students to make their own assessment of fair use Student use of copyrighted materials in their own academic & creative work Student Use Code of Best Practices in Fair Use for Media Education
- 18. Limitations • Closed access more likely to suggest fair use • Public sharing: • model real-world permissions • distinguish between public domain, licensed, and copyrighted material • privacy of subjects • discuss ethical & social issues Developing audiences for student work Audiences Code of Best Practices in Fair Use for Media Education
- 19. Sources § Copyright Logo: http://www.cwu.edu/~guidryr/piratecopyright.html § Student-Computers : http://office.microsoft.com/en-us/images/results.aspx?qu=student+computer&ex=1#ai:MP900422593| § Grimm’s Catalog Imges http://ufdc.ufl.edu/grimm/all § Newspapers: § http://ufdc.ufl.edu/fdnl1/results/?t=key+west%20druggist,,,&f=ZZ,+TI,+AU,+TO § http://ufdc.ufl.edu/fdnl1/results/?t=1975,,,&f=ZZ,+TI,+AU,+TO § Aerial Images and Maps § http://ufdc.ufl.edu/UF00071757/00015/citation § http://ufdc.ufl.edu/UF00016928/00001/citation?search=2000 § Digital Library of the Caribbean § Translation of the Penal code in force in Cuba and Porto Rico http://ufdc.ufl.edu/UF00074437/00001/1j?n=dloc § 10 years of Soviet Antarctic exploration http://ufdc.ufl.edu/UF00047959/00001