This document provides information about copyright law and fair use guidelines for educators. It begins by outlining some common myths and challenges around student and teacher understanding of copyright. It then details the history and key aspects of US copyright law, including provisions for fair use and educational fair use. The document lists resources for educating teachers and students on copyright and plagiarism and strategies to avoid plagiarism. It concludes by emphasizing the responsibility of educators to teach digital citizenship and proper use of creative works.

1. End Copyright Confusion!Fair Use & Citation GuidelinesLynn ZottnickInstructional Technology Lakeview Academy July 2009Certain materials are included under the fair use exemption of the U. S. Copyright Law and have been prepared according to the fair use multimedia guidelines and are restricted from further use

2. “If you cannot protect what you own, you don’t own anything.”-Jack Valenti, 2002

3. “New networked technologies enable users to participate in the consumption, distribution, and creation of content in ways that are revolutionary…young people are now confronting copyright law on a regular basis.-Harvard University 2009

4. The Challenge Students do not understand… …..copyright law (or value it) and its impact on the creative work of an individual. Teachers do not understand … the concept of “educational fair use.” Technology is making it…easier and easier to duplicate copyrighted work.

5. The Challenge Typical Student Comments…No one is going to take the time to track me down.

6. They make so much money, they’ll never miss it.

7. I am enhancing the value!

8. I bought it! Why can’t I do what I want with it?

9. It’s not plagiarism because…The Myths "If it doesn't have a copyright notice, it's not copyrighted.""If I make up my own stories, but base them on another work, my new work belongs to me.""If they don’t charge for it, it’s not a violation.” And more…

10. 35 Million downloaded music in 2003 67%said they did not care76%said it was acceptable

11. Disconnect!

12. “We have all seen the effects illegal downloading has had on Music Row – too many record stores have been shuttered and too many songwriters are out of the business.”-Tennessee Gov. Phil BredesenNovember 2008

13. The Truth The Recording Industry Association of America (RIAA) is pursuing and prosecuting violators.

14. The Truth “RIAA sent new wave of 401 pre-lawsuit letters to 12 universities this week.”RIAA Newsroom, February 21. 2008Worldwide piracy of intellectual property is a problem – congress is calling for meaningful reforms in the global area.RIAA Newsrooom May 2009“The First-Ever Campus Downloading Bill Passed”RIAA Newsroom, November 2008

15. Confusion!

16. “Confusion about what constitutes plagiarism — not malicious intent — is the leading cause of plagiarism at the graduate school level… the increasingly worrisome problem…”-George M. Bodner, Ph.D.ScienceDaily (Mar. 22, 2009)

17. Universities are concerned about the next "Google generation" of students, who might have cut and pasted all their … essays and then see nothing wrong in carrying on with this approach in higher education….”-Conference to tackle university plagiarism problemOctober 17, 2006 s

18. The Truth Plagiarism has become an epidemic."Internet plagiarism is probably by far the most common form of cheating or academic dishonesty" DidiKuo, Emory University graduate, University's Honor Council ChairmanNational Crosstalk Winter 2006s

19. The History

20. The History Copyright Law:A Brief History…1709 – Statute of Anne, Queen Anne of England

21. The History 1790 - First US Copyright Law, signed by George Washington

22. The History 1841 - Concept of “Fair Use” introduced

23. 1976 - “Fair Use” statute added to the US s Copyright Law

24. 1998- Digital Millennium Copyright Act (DMCA)

25. 2003 - Teacher Act Interactive Copyright Timeline

26. Copyright Law

27. The Law Copyright LawIntellectual property protection for original works are automatically protected by copyright law.

28. Protection begins at the moment they are “fixed in a tangible medium.”

29. Rights include: reproduction, modification, distribution, display, and performance.The Law Copyright Law:How Long Does it Last?Created Prior 1923Public Domain – Can be used without permission

30. Created after 1923 but before1978 95 years from the date of publication.

31. Created on or after January 1,1978The life of the author plus 70 years (Sonny Bono Copyright Term Extension Act)“Copyright law’s perennial dilemma is to determine where exclusive rights should end and unrestrained public access should begin.”-Neil WeinstockNetanel“Copyright and a Democratic Civil Society”Yale Law Journal 1996

32. The Law Copyright Law:EducationalFair UseThe right to use copyrighted materials freely without payment or permission for purposes such as “criticism, comment, news reporting, teaching, scholarship, and research.”Section 107Copyright Act of 1976

33. The Law Copyright Law:EducationalFair UseA single copy can be made of any of the following….A chapter from a book

34. An article from a periodical or newspaper

35. A short story, short essay, or short poem whether or not it is from a collective work

36. A graph, chart, diagram, picture or cartoon from a book, periodical or newspaperThe Law Copyright Law:EducationalFair UseThe copy must meet these requirements…Test of brevity of the material, the spontaneity, and the cumulative effect of the creationAll copies must include a notice of copyrightNOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW.Title 17 U.S>.Code

37. The Law Copyright Law:EducationalFair UseBefore copying, consider the following…

38. Is the purpose instructional

39. Was the material acquired legally?

40. What is the effect of the amount or portion used?

41. Is the material given proper credit or attribution?

42. Was the material copied as a substitute for a purchase? Bottom Line!

43. Fair UseTransformative UseCreative Commons

44. Fair Use:Transformative UseAs a general rule, if you are using a small portion of somebody else's work in a non-competitive way and the purpose for your use is to benefit the public, you're on pretty safe ground. - Mimi CalterStanford University Libraries--Joyce Valencia, Library School Journal

45. Fair Use:Transformative Use“When the user of copyrighted material add value to or repurposes materials for a use different from that 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 a new context.”--Joyce Valencia Library School Journal

46. Creative CommonsShare, Remix, Reuse, Legallyhttp://creativecommons.org/

47. The Resources Educating TeachersMedia Education lab – Temple UniversityCopyright & Fair Use – Stanford University

48. The Resources Educating Students Copyright Bay

49. The Resources Educating Students: Copyright…Interactive Resources The Resources Educating Students: Copyright…Interactive Resources The Resources Educating Teachers: Copyright…Interactive Copyright LessonCreated by Jason Myers,Western Washington University/IT graduate studentCourtesy of Tony JongejanInstructional TechnologyWestern Washington University

50. TheResourcesEducating Students: Copyright…Copyright in Action – Real Life ExamplesFights over copyright and the big screen!Pillagers of copyright! Software and the Net and more…!

51. TheResources Educating Students: Copyright…Copyright in Action – Additional ResourcesRecording Academy (Grammy Awards) site - Issues, views, digital and music newsRecording Industry of America

52. Plagiarism