Alma RowDirector of Data & Instructional TechnologySouth Western School District

Copyright & Fair UseCopyright & Fair Use

What does that mean in What does that mean in the classroom?the classroom?

Which of the following is Which of the following is true true about education?about education?

Education is a lucrative business.Educators are dormant in the summer.Education never changes.Educators may use copyrighted materials.Educators may use copyrighted materials.

What is copyrighted?What is copyrighted?

Intent = copyrightedIntent = copyrightedNo need for ©No need for ©

No changing, reproduction or No changing, reproduction or distribution allowed.distribution allowed.

Image source: http://www.betapro.net/images/copyright.jpg

Copyright is about…Copyright is about…

Control Control ProfitProfitIntellectual propertyIntellectual property

So what is copyrighted?So what is copyrighted?

Literary worksLiterary works Music (including Music (including

lyrics)lyrics) PlaysPlays Pantomimes & dancesPantomimes & dances Pictures & graphicsPictures & graphics MoviesMovies Sound recordingsSound recordings Architectural worksArchitectural works Numerical dataNumerical data

What’s not covered?What’s not covered?

Intangible works . . . Intangible works . . . • IdeasIdeas

• ListsLists

• TitlesTitles

• Public domainPublic domain• Works before 1/1/1928Works before 1/1/1928• Works btw. 1/1/1928 – 1/1/1978 w/valid copyright Works btw. 1/1/1928 – 1/1/1978 w/valid copyright

or not renewedor not renewed• Works by the governmentWorks by the government• Works author has granted to public domainWorks author has granted to public domain

WhyWhy are we allowed you ask? are we allowed you ask?

Four Factors of Fair Use:Four Factors of Fair Use:

1.1. Purpose & Character of Use – How is it being used? Purpose & Character of Use – How is it being used?

Nonprofit, Nonprofit, educationaleducational, commentary, , commentary, reporting, parody – “scholarly work”reporting, parody – “scholarly work”

Four Factors of Fair Use:Four Factors of Fair Use:

2. Nature of Work – What is being used?2. Nature of Work – What is being used?

Fact (Fact () ) versusversus

Fiction (?Fiction (? more imaginative more imaginative))

PublishedPublished ( ( factualfactual) ) versusversus

Unpublished (? Unpublished (? original expressionoriginal expression))

Four Factors of Fair Use:Four Factors of Fair Use:

3. Substantiality – How much is being 3. Substantiality – How much is being used? used?

10%10% rule of thumb rule of thumb

Sound file source: www.classicmoviesounds.org

Image source: http://www.quarehawk.com/wp-content/uploads/2009/03/clint_eastwood_caricature.jpg

Four Factors of Fair Use:Four Factors of Fair Use:

4. Effect on Market4. Effect on Market Deprive owner from profit? Deprive owner from profit?

(Competition!)(Competition!) Out of print / unavailableOut of print / unavailable

We can’tcan’t avoid spending a buck!

Image created with www.festisite.com/money

And the And the #1 #1 reason to follow Fair Use reason to follow Fair Use guidelines?guidelines?

Could it be that it’s in Could it be that it’s in the the AUP AUP or…or…

We need to We need to modelmodel ethical use for our ethical use for our students! students!

Image source: http://gizmodo.com/assets/resources/2008/03/smart-board-600i-interactive-whiteboard-photo.jpg

So where does that leave us? So where does that leave us?

Pics Pics Cite!Cite!

Music Music Don’t copy Don’t copy Play it!Play it!

Movies Movies Link or embed!Link or embed!

And a thing about movies……And a thing about movies……

MUST have direct curricular tieMUST have direct curricular tieCannot be used as entertainmentCannot be used as entertainmentExceptions: When you pay for it!Exceptions: When you pay for it!

• www.movlic.com/k12/www.movlic.com/k12/

• www.mplc.org/pdf/MPLC_Brochure.pdf www.mplc.org/pdf/MPLC_Brochure.pdf

Let’s Review… Let’s Review… Fairy Use TaleFairy Use Tale

Fairy Use Tale on Your Tube: www.youtube.com/watch?v=CJn_jC4FNDo

Downloaded from http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale as licensed This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License

Bottom line ……Bottom line ……

CITE!CITE! Internet: http://citationmachine.net Internet: http://citationmachine.net

(APA, MLA, Chicago, Turibian styles)(APA, MLA, Chicago, Turibian styles)

Try CreativeCommons.org.Try CreativeCommons.org.

Online ResourcesOnline Resources

www.copyrightwebsite.comwww.copyrightwebsite.com

www.utsystem.edu/OGC/IntellectualProperty/www.utsystem.edu/OGC/IntellectualProperty/ccmcguid.htmccmcguid.htm

www.libraries.psu.edu/mtss/fairuse/guidelines.htmlwww.libraries.psu.edu/mtss/fairuse/guidelines.html

www.halldavidson.netwww.halldavidson.net

http://beckercopyright.com http://beckercopyright.com

Sources:Sources:

ESC Region 12, (n.d.). Copyright and fair use in the classroom. Retrieved ESC Region 12, (n.d.). Copyright and fair use in the classroom. Retrieved Feb. 01, 2005, from http://staffweb.esc12.net/~enewman/files/1. Feb. 01, 2005, from http://staffweb.esc12.net/~enewman/files/1.

McKenzie, J. (1996). Keeping it legal: questions arising out of web site McKenzie, J. (1996). Keeping it legal: questions arising out of web site managment. Retrieved Feb. 01, 2005, from managment. Retrieved Feb. 01, 2005, from http://www.fno.org/jun96/legal.html. http://www.fno.org/jun96/legal.html.

McMillan, G (2009McMillan, G (2009). Copyright in scholarship and instruction). Copyright in scholarship and instruction..Retrieved October 15, 2009, from Retrieved October 15, 2009, from scholar.lib.vt.edu/copyright/copyright4FDI2009.pptscholar.lib.vt.edu/copyright/copyright4FDI2009.ppt

(n.d.). Retrieved Feb. 01, 2005, from Overview of the Fair Use Guidelines (n.d.). Retrieved Feb. 01, 2005, from Overview of the Fair Use Guidelines Web site: Web site: http://www.indiana.edu/~ccumc/copyright/mmfupres(rev1.29.01).ppt. http://www.indiana.edu/~ccumc/copyright/mmfupres(rev1.29.01).ppt.

(2004). Retrieved Feb. 01, 2005, from Library Gateway Web site: (2004). Retrieved Feb. 01, 2005, from Library Gateway Web site: http://gateway.library.uiuc.edu/learn/orientation/glossary.html#C. http://gateway.library.uiuc.edu/learn/orientation/glossary.html#C.

Alma RowDirector of Data & Instructional TechnologySouth Western School District

Copyright & Fair UseCopyright & Fair Use

What does that mean in What does that mean in the library classroom?the library classroom?Quest

ions?

Do you have Do you have

““©©opyright opyright

©©red?”red?”

Fundraiser FinaleFundraiser Finale

Matilda’s the senior class president and Matilda’s the senior class president and in charge of coordinating the in charge of coordinating the entertainment between graduation entertainment between graduation practice and the class picture. She practice and the class picture. She decided to rent decided to rent GreaseGrease, a graduation , a graduation classic, and show it in the cafeteria. classic, and show it in the cafeteria. Since this is an educational event and Since this is an educational event and tied to school activities, she’s good to tied to school activities, she’s good to go.go.

Does Matilda have “copyright cred?”Does Matilda have “copyright cred?”

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