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Med580 application project (module 1)
- 1. YES, YOU CAN USE IT! A guide to copyright, copyright infringement and fair use for educators and educational uses by Vincenzo Marranca MED580 APPLICATION PROJECT (MODULE 1)
- 2. What is copyright Copyright infringement Public Domain Fair Use Printed material Illustrations and photographs Videos and Music Computer Software Internet Sources Television Definitions Specific uses A GUIDE TO COPYRIGHT TOPICS TO BE COVERED
- 3. Literally speaking, copyright is the "right to copy", which means that the creator, or legal owner, of any intellectual property has the right to further use or duplicate the material for a given amount of time (depending on the country can be between 50 and 100 years after the death of the creator). Note: copyright is usually geared toward literary or artistic works (e.g. books, videos, songs, software) while a trademark is a type of intellectual property geared toward items that help define a brand such as logos, symbols or company names. WHAT IS COPYRIGHT
- 4. Copyright infringement happens whenever someone uses copyrighted material without permission. Examples of copyright infringement could be the illegal distribution, display or reproduction of a certain work. Another term used for copyright infringement is "Piracy", which refers to the theft of non material goods such as music, literary or artistic works or software. WHAT IS COPYRIGHT INFRINGEMENT
- 5. In ordered to have a copyright infringement there has to be a demonstrable monetary loss as a consequence of the illegal distribution, copying or reproduction of a protected work. This means that if a teacher copies an entire book and distributes it to his students he could face a lawsuit and be considered liable for the economic damages suffered by the copyright owner.
- 6. Public domain refers to the creative works that are free to use, either because the copyright has expired or because it was the original intent of the creator to make the work available to the public. There are some restrictions though, as some material is available for private use but not commercial use (e.g. certain stock images online). PUBLIC DOMAIN
- 7. Other than with works that are considered public domain, in certain cases it is legally possible to use copyrighted material without the copyright holder's permission, the so called Fair Use. It usually a court of law that defines what is and isn't Fair Use (usually after the owner brings suit), but after many decades of legal precedents we now have a better understanding of the broad categories that fall under this circumstance. WHAT IS FAIR USE
- 8. a film reviewer intersperses clips of a movie throughout a YouTube film review; a teacher copies a single chapter from a book and gives it to her students; a researcher quotes passages from another article to support a claim. The broad categories that fall under fair use are: Parody - commentary and critique - news reporting - teaching - scholarship - research. Below are a few examples of proper fair use: WHAT IS FAIR USE
- 9. It is possible to print and copy copyrighted material for classroom use as long as the copies are made spontaneously, used temporarily, and are not part of an anthology. Duplicating excerpts that are short in relation to the entire copyrighted work that do not reflect the "essence" of the work is usually considered fair use. This means, for example, that is possible to use a single paragraph, article or chapter from a book or magazine and that the copies cannot substitute for the purchase of the book itself. PRINTED MATERIAL
- 10. ARCHIVE USE Visitors to the site should be informed that the materials they access are provided for their personal and/or scholarly use; Institutions should prominently offer such users a point of contact for further information, complaints, corrections, and questions. Memory institutions and their staffs may invoke fair use to create digital preservation copies and to enable digital access to copyrighted materials in their collections and to make those collections available online, with appropriate search tools, subject to some limitations, among which:
- 11. ILLUSTRATIONS AND PHOTOGRAPHS Generally speaking, an educator can use digital images and illustrations for educational purposes, like assignments, face-to-face teaching or after class review. The guidelines are the following: "a photograph or illustration may be used in its entirety, but no more than five images by one artist or photographer may be incorporated into any one multimedia program. From a published collective work, not more than 10% or 15 images, whichever is less, may be used."
- 12. Negative Space Death to Stock HubSpot Stokpic Kaboompics Startup Stock Photos Freerange LibreShot Fancy Crave Unsplash Finding royalty-free images is relatively easy nowadays. Here is a list of 10 of the best free stock photo sites (beware of limitations for commercial use): 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ROYALTY-FREE IMAGES
- 13. The main guideline for motion media is that it is possible to incorporate in a project or reproduce up to 10% or 3 minutes, whichever is less. However, copyright law permits the private "performance" of a motion picture as part of a teaching activity in the classroom. This means that the showing has to be face-to-face (no broadcast or online display) and can't be public. Another option is to secure permission from the rightsholder or to buy a public performance licence for a fee. VIDEOS
- 14. In music we have 2 types of copyright, one for the music itself and one for the recording. That is why when you want to use a song as background music in a video you must obtain two licenses – the synchronisation license to use the song and the master license to use the recording of that song. Synchronisation licenses are administered by the publisher. The publishers may vary from large companies to individual songwriters who publish their own work. For the master license you need to contact the recording label or, for independent artists, the artist directly. MUSIC FOR INTEGRATION INTO MULTIMEDIA
- 15. The copyrighted portion of the project is not used for more than 2 years (beyond which must require permission); The excerpts used in the project are relatively short; Duplication and distribution of multimedia projects does not go beyond classroom; A copyright notice is included; Fundamental character of the work is not distorted or altered. Integrating music into multimedia projects created for educational purposes is considered fair use as long as these main guidelines are followed: 1. 2. 3. 4. 5.
- 16. School departments may not use one set of disks to install software on several computers unless a multiple- user license is purchased. Faculty and staff may not install University-owned software on their home computers unless an individual copy is purchased by the University for that purpose. Students and faculty cannot "borrow" or "rent" software for any purpose, including educational use. A licensed copy must be purchased for each individual. There is no Fair Use for software as it is all copyrighted, even personal works by individuals. So no software may be duplicated or distributed without the permission of the author. There are other guidelines for schools: 1. 2. 3. COMPUTER SOFTWARE
- 17. The teacher is the owner of the copyright, The material is made available by linking rather than copying, The copyright owner of the material grants permission, The material is in the public domain, The use is within fair use under the law or another statutory exception. Using a course website or a university-supported Course Management System (CMS) to make instructional materials available to students can raise many copyright issues. Internet sources, including articles, book chapters, images, etc., may be posted or used if: INTERNET SOURCES
- 18. Providing links to sources is a crucial feature of the internet. Although links have the capacity to foster integration and creativity in teaching and learning, linking also has the potential to increase copyright violations because it facilitates movement among sites so rapidly and makes it easy to “cut” and “paste” information from a site to an electronic document. Simply following a link is not a copyright violation, even if the link leads to copyrighted material. Potential liability arises when Internet users take advantage of the ease of accessing information and “forget” that the material they acquire may be copyrighted. LINKS
- 19. Television programs may be recorded and retained by a non- profit educational institution for a period not to exceed the first forty-five (45) days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. (PLEASE NOTE: The guidelines do not apply to programs available only from subscription television services such as Showtime, HBO, The Disney Channel, C-Span, and ESPN.) Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction. TELEVISION