1. Copyright vs. Copy Sharing
EDTC 603: Web Development
Research Project 6.1
Betty Hustead
February 15, 2011
2. History of Copyright
• First federal copyright law created May, 1790
• Claims recorded by U.S. district courts
• Library of Congress centralized copyright
functions
– in 1870
– Librarian Ainsworth Rand Spofford oversaw
copyright functions
– Copyright department created in 1897
– Thorvald Solberg first Register of Copyrights
3. Important Dates in the History of
Copyright
• February 3, 1831 – Music added to protection, Term of
protection moved to 28 years from 14 years.
• August 18, 1856 – Dramatic compostions added to
protection
• March 3, 1865 – Photographs and negatives added to
protection
• July 8, 1870 – Art added to protection and indexing
started
• August 24, 1912 – Motion pictures added to protection
• January 1, 1978 – term of protection consists of the life
of the author plus 50 years.
4. Important Date in Copyright History Continued
• December 12, 1980 – computer programs protected
• December 1, 1990 – architectural works protected
• October 28, 1992 – Digital Audio Home Recording Act
imposed royalties, clarified legality of home taping of
analog and digital sound for private use.
• October 27, 1998 – term extension to author’s life plus
70 years
• November 2, 2002 – TEACH Act, use of copyrighted
works for nonprofit educational institutions in distance
education
5. Current Copyright
• Copyright office employs 475 people
• Half a million copyright claims per year
• Since 1870, registered 33,654,000 copyright
claims
• July 1, 2008 – electronic registration made
available to the public
(http://www.copyright.gov/circs/circ1a.html#, 2011)
6. Copyright
• Purpose: To promote creativity, innovation,
and the spread of knowledge while
considering the rights of the owners and the
rights of the users.
• From the creator’s point of view, copyright
laws are designed to protect the creator’s
work. No one else can sell their work.
• Artistic productions and paperwork remain
the property of the creator.
7. Copyright and the Internet
The internet has drastically changed how people
think about copyright.
*most students feel internet information is all
free and available to use
* reality is, nearly everything on the Net is
protected by copyright law
8. Copyright and Art
• http://www.huffingtonpost.com/2009/02/04/ap-accuses-shepard-fairey_n_164045.html
• Copyright infringement? Fair use? Share?
9. Copyright and Art
• If the artist puts their work on the internet, is it fair
game for people to use?
• If the artist puts their work on a shared service,
creative commons for example, is it fair game to
use?
• If a person changes an artist’s original work but it is
still recognizable, is it still the artist’s property?
• If the original work is no longer recognizable is it the
original artist’s property or the new artist’s property?
• If the artist is deceased, who owns the art? (Public,
museum, family, ?)
10. Fair Use
(from copyright law)
• According to the Code of Best Practices in Fair Use for Media
Literacy...
Teachers can:
1. make copies of newspaper articles, TV shows, and other
copyrighted works and use them and keep them for educational
use
2. create curriculum materials and scholarship with copyrighted
materials embedded
3. share, sell and distribute curriculum materials with copyrighted
materials embedded
(http://copyrightconfusion.wikispaces.com/, 2011)
11. Section 107's four-factor fair use test...
(American Library Association, 2011)
• The character of the use (education purposes)
• The nature of the work to be used (character
of the materials)
• The amount used (of the original work)
• The effect of the use on the market for or
value of the work (access during class only)
12. What needs to be evaluated
Did the unlicensed use “transform” the material
taken from the copyrighted work by using it
for a different purpose than that of the
original, or did it just repeat the work for the
same intent and value as the original?
Was the material taken appropriate in kind and
amount, considering the nature of the
copyrighted work and of the use?
13. Copy Sharing
Creative needs and practices change within the
field of use, with ever changing technology,
and with the amount of time.
New technology makes it easy to distribute,
recreate, share, and duplicate owner’s work.
Copy share allows repurposing the original work
into a new product, not duplicating for profit.
14. Copy Share
Licenses
• Creative Commons licenses provide simple,
standardized alternatives to the “all rights
reserved” paradigm of traditional copyright.
Creative Commons Mission
• Creative Commons develops, supports, and
stewards legal and technical infrastructure that
maximizes digital creativity, sharing, and
innovation.
15. Future Issues
• When copyright was created, the purpose and
process was effective. With the emergence of
the Internet, normal every day tasks would be
considered copyright issues, such as copy, paste,
and post to the web.
• The copyright law requires permission for all of
these actions no matter who you are or how you
are using the material.
• This process needs to change along with the
times.
16. Fair Use Limitations
• Currently no fair use guidelines for latest
digital technologies
• Publishers retain the right to work produced
for their company (author not protected)
• Creative commons licenses restricted by
publishers
• Teachers are expected to educate students on
appropriate copyright standard uses.
17. Opinion
• After researching copyright vs. copy sharing, I
feel the law needs to evolve with the
advanced technologies that are now available.
• I do feel the government has tried to keep up
with the changes they have made to the law,
but it is impossible to make laws as fast as
technology changes.
• The Fair Use portion of the law is open
enough, that it does work fairly well.
18. Opinion continued
• Creative Commons was created in 2001 and has
effectively created copyright licenses for free
through the Center for the Public Domain.
• They have worked to create a global
infrastructure for sharing public domain tools,
technologies, and more.
• In order to allow creative processes to flourish,
people need to be able to bounce ideas and new
information off each other. This is the way of the
future.
19. Can’t We All Just Get Along?
• Both copyright and copy share should coexist
because they both serve a different purpose.
• For creators who want to share their work
with the world for free or with limited
copyright, they can choose a copy share or
creative commons license.
• For creators who want to maintain all
copyright privileges, they can choose to keep
the traditional copyright.
20. Conclusion
There was a time for just the copyright law of the U.S.
Library of Congress.
Now, is the time for an additional option, sharing
works.
In order for this to work, people still need to follow
the:
Best Practices in Fair Use for Media Literacy
Four Factors Fair Use Test
tools and licensing available on Creative Commons.
21. Conclusion continued
As teachers, the creative commons and fair use
section of the copyright law are the best
options.
Educators do not have the money or time to
create their own, when showing examples of
work for understanding and sharing what is
available makes more sense.
22. Bibliography
About creative commons. (n.d.). Retrieved February, 2011, from creative
commons website: http://creativecommons.org/about/
Copyright basics. (n.d.). Retrieved February, 2011, from United States
Copyright Office website: http://www.copyright.gov/circs/circ01.pdf
Copyright - fair use. (2009, November). Retrieved February, 2011, from
United States Copyright Office website:
http://www.copyright.gov/fls/fl102.html
Fair use for media literacy educators. (2011). Retrieved February, 2011, from
American University website: http://www.centerforsocialmedia.org/fair-
use
Italie, H. (2009, February 4). AP accuses Obama artist Shepard Fairey of
copyright infringement [The huffington post]. Retrieved February, 2011,
from Huff post politics website:
http://www.huffingtonpost.com/2009/02/04/ap-accuses-shepard-
fairey_n_164045.html
23. Bibliography continued
Nash, S. (2009, February 2). The educational remix- at odds with copyright?
Retrieved February, 2011, from
http://nashworld.edublogs.org/2009/02/02/the-educational-remix-at-
odds-with-copyright/
Riley, F. (2010, September 17). Image repositories for e-Learning. Retrieved
February, 2011, from The University of Nottingham website:
http://www.nottingham.ac.uk/nmp/sonet/resources/image_repositories.
html#Wikipedia: Public domain image resources
Section 107’s four-factor fair use test... (2011). Fair use and electronic
reserves. Retrieved February, 2011, from American Library Association
website:
http://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelect
ronicreserves/index.cfm
24. Bibliography continued
Section 1. Understanding copyright. (2009). Retrieved February, 2011, from
Temple University website: http://mediaeducationlab.com/section-1-
understanding-copyright
Spinello, R. A., & Tavani, H. T. (2005). Recent copyright protection schemes:
Implications for sharing digital information. In Intellectual property rights
in a networked world: Theory and practice (chap. 7). Retrieved from
http://library.books24x7.com.dml.regis.edu/book/id_8539/viewer.asp?
bookid=8539&chunkid=479221667
Taking the mystery out of copyright. (n.d.). Retrieved February, 2011, from
The Library of Congress website:
http://www.loc.gov/teachers/copyrightmystery/#
Website copyright. (2010). Retrieved February, 2010, from
http://www.benedict.com
