This document provides an introduction to copyright and fair use for elementary school teachers. It discusses how copyright laws can limit access to digital works but institutions are working to identify public domain works and use orphan works. Fair use allows some educational uses but is difficult to define. The TEACH Act and Creative Commons licenses provide additional protections for educational sharing. Teachers should evaluate whether their use falls under fair use or other exemptions, and if not, seek permission from copyright holders.

1. Copyright © An introduction to Elementary Teachers presented by Conrado Gonzalez

2. Introduction Copyright and users’ rights. Hard to define. Corps and libraries partnering to digitalized thousands of works for the public.

3. Introduction But, copyright laws keep many of these works unavailable. A balance that is admittedly dynamic must be reached.

4. Balance? http://www.flickr.com/photos/thelastminute/3415357174/ by Duncan Rawlinson

5. What is being done? First better methods are being developed to accurately identify public domain works. Second, institutions are beginning to take a chance in using orphan works.

6. Is this copyright infringement? http://www.flickr.com/photos/prathambooks/3258065644/sizes/o/in/photostream/

7. Material from the Internet Copyright law covers material on the internet. This might be outdated but it takes time to modify the law. These works may not even have any notice of copyright and still be protected due to more recent changes in the law.

8. Yet… By putting something online there is the knowledge that this material will used and shared somehow. This is an implied limited license. Also some provide express licenses by including a Creative Commons license in their works.

9. The role of fair use Fair use played an important part in the analog world but its role in its digital counterpart is ambiguous. Yet with implied and express licenses, we as educator can have a broader set of protections for educational use.

10. What does this mean to me? http://www.flickr.com/photos/cayce/100044359/sizes/o/in/photostream/

11. First let’s define Fair Use Fair use is so hard to define. But there is hope in great part for the organized efforts yielding for instance Fair Use Best Practices statement and material with Creative Commons licenses. Yet we must keep in mind the harsh penalties for infringement.

14. Works in the public domain

15. Freeware

16. US Government works

17. Facts

20. Use a work as the basis for a new work

21. Electronically distribute or publish copies

22. Publicly perform music, prose, poetry, a drama, or play a video or a CD-ROM.

24. Specific, narrowly tailored Exemptions Library’s special rights Archiving lost, stolen, damaged or deteriorating works Making copies for library patrons Making copies for other libraries’ patrons

25. Tailored Exemptions For Fair use exemption, consider how you plan to use the material Coursepacks, reserves, course management systems, and other platforms for distributing course content. Images archives Creative uses Research copies

26. Tailored Exemptions Don’t forget to use the four fair use factors What is the character of the use? What is the nature of the work to be used? How much of the work will you use? What effect would this use have on the market for the original or for permissions if the use were widespread?

27. And of course, The TEACH Act http://www.flickr.com/photos/mg315/381296439/sizes/o/in/photostream/

28. The Teach Act Copyright laws has an additional set of rights to display or perform others’ works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium. Although these apply mostly to face-to-face instruction. It is promising that these rights together with fair use will greatly enable, effective distance education. TEACH Act Checklist

29. If all fails, then try to get permission Getting permission can be difficult but you can try the Copyright Clearance Center. If the work is in their database you can get permission instantly. There are other websites/agencies for foreign works.