Copyright and fair use


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Copyright and fair use

  1. 1. Copyright& Fair Use Alicia Tippins
  2. 2. How doescopyrightaffect me?
  3. 3. Copyright is:“The U.S. Law that protects theworks of authors, artists, composers,& others from being used withoutpermission.” ( Also, anything you write or record is automatically copyrighted, and belongs to you!
  4. 4. Purpose of Copyright? “To promote creativity, innovation and the spread of knowledge” Article 1, Section 8 U.S. Constitution
  5. 5. Eye of Newt: Songwriter suesGingrich for using Eye of theTiger musicLawsuit seeks to stop politicians use ofRocky II track January 30, 2012 – by Andy Grimm, Chicago Tribune reporter
  6. 6. How long does copyright protectionlast?Copyright protection does not last forever. A copyright has a "term" or length, depending on when the work itself was created. For works created after January 1, 1978, the term of copyright is the life of the author plus 70 years or, if the work is a Work-for-Hire, the term is 95 years from first Publication or 120 years from creation, whichever expires first. For works published or registered prior to January 1978, the term of copyright is 95 years. (from Copyright Kids!)
  7. 7. More Copyright questions: Other than books, exactly what can be copyrighted? Print: articles, newspapers, newsletters, poems, sheet music, plays, musicals, etc. Nonprint: videos, DVDs, CD-ROMs, software, audio recordings, multimedia, photos, TV programs, public performances, statues, paintings, etc. Internet: web pages, e-mails, digitized graphics & movies & ads, other digitized works available on the WWW. All these can be covered by copyright law. (Butler 5)
  8. 8. Public Domain ● When copyright expires, works go into the public domain ● Works in the public domain may be freely used, without permission ● Works produced by the U.S. Government, or any government agency, are also in the public domain. ● Citing sources is still important.
  9. 9. More copyright termsAttribution: citing your sourcesInfringement: Copying anothers work inviolation of lawLicensing: Asking permission and payinga feeFair Use: Legal use of copyrighted workswithout permission or payment
  10. 10. How do I know if it’s Fair Use? Four important factors: Purpose of use Must be educational, not to make a profit Nature of the work Better to use non-fiction than fiction Amount you need to borrow Small amount OK, & not “heart of the work” Effect on the marketplace Will it take away sales from the copyright holder? (Butler 15-17)
  11. 11. How do I know if it’s Fair Use? 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... transformative use,” and is Fair Use. “Fair Use embraces the modifying of existing media content, placing it in new context.” -Joyce Valenza, School Library Journal
  12. 12. Examples of Transformative use “Parody is one of the most clearly identified transformative uses, but any use of a source work that criticizes or comments on the source may also be transformative” Songs by Weird Al Yankovic, for example.
  13. 13. Examples of Transformative use “Audio and video mixes and remixes are examples of transformative works, as well as other kinds of works that use existing content to do unexpected and new things” Students multimedia projects & mashups also fall into this category.
  14. 14. For more about Fair Use Use the “Fair Use Checklist” (see handout) Use the online Fair Use Tool at:
  15. 15. Creative Commons ● A license that allows the distribution of copyrighted works ● There are different types, such as: – Attribution: you may copy, distribute, display & perform the work & make derivative works based on it as long as the author is given credit. – Noncommercial: the same rights, but only for noncommercial purposes
  16. 16. Creative Commons ● Some authors, such as Cory Doctorow, always release their books under the Creative Commons open license, which allows readers to share and re-mix their books. (
  17. 17. What should I do?Look for images & songs with a“Creative Commons” license; you can use thesewithout permission. For songs: Legal music for videos (link under Media tab on Student homepage) For images:, advanced search
  18. 18. What should I do?Remember Fair Use when using books, articles,music, images, etc.(Use “Checklist for Fair Use” handout)Always remember to cite your sources!EasyBib is great for creating your citations, andthe link is under the “Media” tab on thestudents home page.
  19. 19. StandardsNational Educational Technology Standardsfor Students5. Digital Citizenship Students understand human, cultural, and societal issuesrelated to technology and practice legal and ethical behavior. Students: a. advocate and practice safe, legal, and responsible use of information and technology. c. demonstrate personal responsibility for lifelong learning. (NETS for Students)
  20. 20. ReferencesButler, Rebecca P.. Copyright for Teachers and Librarians. New York:Neal-Schuman Publishers, Inc., 2004."Checklist for Fair Use." IUPUI Libraries. 10 Mar 2003. IndianaUniversity Purdue University Indianapolis. 7 Jul 2009"ISTE/NETS for students 2007." ISTE home. 2007. InternationalSociety for Technology in Education. 7 Jul 2009<>.Kaemming, Laura. "Copyright Lesson Plan by Laura Kaemming."Copyright with Cyberbee. 2001 Web. 6 Jul 2009.<>."Understanding Fair Use." University of Minnesota Libraries. Universityof Minnesota, 2010. Web. 15 Feb. 2012.<>.