A Professional Development for E-Coaches and Teachers that could also be used for students.

1. COPYRIGHT LAW for
the DIGITAL AGE

2. Outcomes:
Participants will …
-develop a deeper understanding of
copyright and “fair use” for teaching and
learning
- apply a process for “judgment and
reasoning” to real world examples to
determine “fair use”
- develop an understanding of an alternative to
traditional “fair use
- extend this knowledge to their staff and
students to help them understand the
importance of protecting intellectual property
and using it properly

3. ISTE STANDARDS FOR TEACHERS
SOCIAL, ETHICAL, LEGAL, AND HUMAN ISSUES
Promote and model digital citizenship and responsibility:
Teachers will understand local and global societal issues
and responsibilities in an evolving digital culture and exhibit
legal and ethical behavior in their professional practices.
Teachers will advocate, model and teach safe, legal and
ethical use of digital information and technology, including
respect for copyright, intellectual property, and the

4. MARYLAND TECHNOLOGY STANDARDS FOR
TEACHERS
LEGAL, SOCIAL AND ETHICAL ISSUES
Demonstrate an understanding of the legal, social and
ethical issues related to technology use.
Establish classroom policies and procedures that ensure
compliance with copyright law, Fair Use guidelines, security,
privacy and student online protection.

6. WHAT IS “COPYRIGHT”? . . .
Cornell University via
ArtStor

8. WHAT IS COPYRIGHT?
"to promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and
Discoveries.“
- United States Constitution, Article I Section 8

9. COPYRIGHT LAW BEGAN IN 1790-
THE LAW WAS BASED ON THE
BELIEF THAT:
Anyone who creates an original, tangible work deserves to be
compensated for that work.
Compensation encourages more creative works.
Society as a whole benefits from the creative efforts of its
members.

10. WHEN IS SOMETHING
COPYRIGHTED?
An author does not have to register the work, announce that the
work is copyright protected, or display the copyright symbol to
enjoy copyright protection.
All he or she must do is create an original work in
tangible form.
©

11. COPYRIGHT ACT OF 1976 GRANTS FIVE
RIGHTS TO A COPYRIGHT OWNER:
1. The right to reproduce the copyrighted work
2. The right to prepare derivative works based upon
the work
3. The right to distribute copies of the work to the
public
4. The right to perform the copyrighted work publicly
5. The right to display the copyrighted work publicly
The Copyright Act also includes Section 107...

12. COPYRIGHTABLE “WORKS OF AUTHORSHIP”
INCLUDE:
• Literary works
• Musical works
(including words)
• Drama (including
music)
• Pantomime
• Choreographic
works
• Pictorial and
graphical works
• Sculptural works
• Motion pictures
and other
audiovisuals
• Sound recordings
• Architectural
works

13. WHAT DO THESE FOLKS HAVE IN COMMON?
http://thecurvature.com/
http://www.findagrave.com/
http://www.celebuzz.com/2014-10-30/http://www.eonline.com/news/618553

14. THE "MY SWEET LORD"/"HE'S SO FINE" PLAGIARISM SUIT
This law extends by 20 years the length of
protection afforded to copyrighted works, and thus
lengthens the amount of time it will take for a
work to enter the public domain.
Sonny Bono Copyright Term
Extension Act of 1998
In 1971- George Harrison’s debut single blanketed the
airwaves, a struggling New York publisher, Bright
Tunes Music, must’ve heard divine intervention in the
melody of “My Sweet Lord.” It was identical to a
chestnut in their dusty catalog, “He’s So Fine.”

15. On Jan. 26, 2015 Sam Smith's rep
acknowledged that the songwriting
credits of the singer's Grammy-
nominated hit "Stay With Me" now
include Tom Petty and Jeff Lynne,
writers of Petty's "I Won't Back Down,"
via an "immediate and amicable
agreement" owing to similarities
between the songs that were a
"complete coincidence."
TOM PETTY vs. SAM SMITH
Robin Thicke, Pharrell Lose Multi-
Million Dollar 'Blurred Lines' Lawsuit
http://www.theguardian.com/music/vi
deo/2015/mar/11/blurred-lines-got-
to-give-it-up-video

16. THE DOCTRINE OF FAIR USE
SECTION 107 – COPYRIGHT ACT OF 1976
•Criticism
•Comments
•News Reporting
•Teaching
•Research
(including multiple
copies for classroom
use)

17. DETERMINING FAIR USE
•Nature of
Material
Fact or fiction, degree
of creativity?
• Purpose
Transformative?
•Portion
How much in relation
to the whole?
•Effect
Effect of use upon
potential market value?

18. “THE 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 considered
transformative use; it will also likely be
considered fair use. Fair use embraces the
modifying of existing media content, placing it
in new context.”
-Joyce Valenza, School Library Journal
http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-
transformativeness-it-may-shake-your-world/

19. THE DOCTRINE OF FAIR USE (VIDEO)
SECTION 107 – COPYRIGHT ACT OF 1976
https://www.youtube.com/watch?v=8tWhKeb-fUQ&list=PLvzOwE5lWqhTbOCIFp_OxsN6nC-l20kMT&index=7

20. “THE FIFTH FACTOR:
TRANSFORMATIVE USE”
“A derivative work is transformative if it uses a
source work in completely new or unexpected
ways. Importantly, a work may be
transformative, and thus a fair use, even when
all four of the statutory factors would
traditionally weigh against fair.”
- University of Minnesota
https://www.lib.umn.edu/copyright/fairuse
• Parody
• New Technologies
• Other Uses

21. PARODY?
Source: http://www.printmag.com/article/review-garbage-pail-kids-from-
grade-school-samizdat-to-art/
Source: http://nameberry.com/blog/a-cabbage-patch-namefest

22. NEW TECHNOLOGIES
Source:Amazon.com

23. OTHER TRANSFORMATIVE USES

24. GROUP ACTIVITY -
TRANSFORMATIVE OR NOT?
AP Photo/Manny Garcia/ Shepard Fairey
http://www.allartnews.com/photographer-and-associated-press-drop-claims-against-each-other/

25. DETERMINING FAIR USE
Let’s review the “Tool for Supporting
the Fair Use Reasoning Process”
What decision will you make?
• Ask for Permission
• Claim Fair Use
• Pay a License Fee
• Choose Another Source (Creative Commons)
Source: http://copyrightconfusion.wikispaces.com/Reasoning

26. • In 2009, visual artist Fairey sued the AP arguing that his
artistic transformation of an AP photograph was
protected under the doctrine of fair use.
• The AP sued Fairey arguing that he misappropriated
its rights to the image when he created and sold
posters and other merchandise with the likeness.
• The parties settled out of court in
January 2011, with details of
the settlement remaining confidential.
Shepard Fairey and The A.P.
Settle Legal Dispute

27. GROUP ACTIVITY -
TRANSFORMATIVE OR NOT?
http://boingboing.net/2008/10/27/obey-alfred-e-neuman.html
http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster
Web Poster Exhibition - Shepard Fairey posters for Barack Obama - http://www.posterpage.ch/exhib/ex216oba/ex216oba.htm

28. WHAT IS “PUBLIC DOMAIN”?
When the intellectual property rights of works
have expired, have been forfeited, or are
inapplicable.
When copyright law does not apply to a work.
Works in the public domain may be
used freely without permission or
attribution.

29. PUBLIC DOMAIN
There are five common ways that works transfer into
public domain:
1. The copyright has expired.
2. The copyright owner published the work without a
copyright notice.
3. The copyright owner failed to renew copyright
status.
4. The copyright owner deliberately places — or
“dedicates” — it to public domain using the Creative
Commons Zero dedication.
5. Copyright law does not protect this type of work.

30. PUBLIC DOMAIN
1. The copyright has
expired.

31. PUBLIC DOMAIN
1. The copyright has
expired.
Items published* before
1923 are public domain.

32. WHAT IS “PUBLISHED”?
(ACCORDING TO COPYRIGHT
LAW)
A work is considered
published when the author
makes it available to the
public on an unrestricted
basis.

33. PUBLISHED OR UNPUBLISHED?
The definition of publication according to copyright law is
“distribution to the public.” Consider these examples…
Potentially unpublished
Correspondence
Most photographs
Postcards with writing*
Likely published
Books
Posters
Brochures
Pamphlets
Blank Postcards*

34. Adapted from: https://copyright.cornell.edu/resources/publicdomain.cfm
Type of Work Copyright Term What was in the public
domain in the U.S. as of
January 1, 2015?
Unpublished works Life of the author + 70 years Works from authors who died
before 1945
Unpublished anonymous and
pseudonymous works, and works
made for hire
120 years from date of creation Works created before 1895
Unpublished works when the death
date of the author is not known
120 years from date of creation Works created before 1895

35. PUBLIC DOMAIN
2. The copyright owner published the work without a copyright
notice.*
Until 1989, a published work had to contain a valid
copyright notice to receive protection under the
copyright laws. But this requirement is no longer in
force — works first published after March 1, 1989
need not include a copyright notice to gain protection
under the law.
A copyright notice should contain:
the word “copyright”
a “c” in a circle (©)
the date of publication, and
the name of either the author or the owner of all the

37. PUBLIC DOMAIN
3. The copyright owner failed to renew
copyright status of a published work.*
*Published between 1923 and 1963

38. PUBLIC DOMAIN
4. The copyright owner deliberately
places — or “dedicates” — a work to
public domain using the Creative
Commons Zero dedication.

40. PUBLIC DOMAIN
5. Copyright law does not protect this type
of work.
Documents created by
the federal government
and its employees as
part of their jobs are
not protected by
copyright.
They are, therefore,
public domain.
National Archives and Records Administratio

41. RECAP — PUBLIC DOMAIN APPLIES IF . . .
1. The copyright has expired. (published before
1923)
2. The copyright owner published the work without
a copyright notice. (1923 - 1977)
3. The copyright owner failed to renew copyright
status. (1923 - 1963)
4. The copyright owner deliberately places — or
“dedicates” — it to public domain using the Creative
Commons Zero dedication.
5. Copyright law does not protect this type of work.
Facts, ideas, general themes, plots and characters of
fiction, research data, and government documents

42. Works within the copyright law to
Protect works, and
Provide access to content that might otherwise be
inaccessible for decades.
https://creativecommons.org/licenses/

43. CREATIVE COMMONS LICENSES

44. CREATIVE COMMONS TERMS
CC - Creative Commons
BY - Attribution (you must attribute to the copyright holder)
SA - ShareAlike (if you make a derivative work or adaptation, it has to be licensed the same way
as the original)
NC - NonCommercial (no commercial use)
ND - No Derivs (cannot make derivative works)
0 - Copyright holder has dedicated his/her work to the public domain.* (Don’t need to use in a
rights field.)

45. CREATIVE COMMONS SEARCH
Source: http://search.creativecommons.org/

46. Shell Map of Ontario, 1955. Courtesy David Rumsey.
Copyright H.M. Gousha Company. This work is licensed for use under a Creative
Commons Attribution NonCommercial ShareAlike License (CC BY-NC-SA).

47. Champion swimmer Eleanor Holm Jarrett shows off her flippers, 1937.
Jones, Leslie, 1886-1967. Boston Public Library Print Department.
Copyright (c) Leslie Jones.
This work is licensed for use under a Creative Commons
Attribution Non-Commercial No Derivatives License
(CC BY-NC-ND).

48. GOOGLE MAKES IT EASY TO FIND USAGE RIGHTS
Source: http://google.com

49. I get all this but what
about Digital Stuff?
The Internet,
YouTube, E-Books,
Help!

50. Digital
Copyright
Timeline
Internet Copyright
Infringement

54. Resources