copyright for the_21st_century

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1

THE BASICS

Copyright for the 21st Century

2

Agenda

What is copyright?What are public domain and fair use?How does this apply to online environments?What is the alternative?

United States Copyright

[Clause 8, 1] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

5

What does copyright protect?

©

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Not protected: Free to share

Ideas Facts Data

Logos Federal

Taglines

Public Domai

n

7

Who is the owner?

Copyright holder

Author Author’s Employer

Other – i.e. Consultant

8

What are copyrights for the owner?

Copyright holder

Distribute Perform Display Derivative

Work

9

20th century rights: fair and balanced

Copyright Holder

• Make and distribute copies

• Publish• Display

publicly• Perform

publicly• Make

derivatives

Buyer of work

• Sell• Lend• Copy (fair

use)• Donate• Display in

live classes

Library

• Archive• Copies for

patrons• Use for

ILL

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Ask for permission

Books and journal articlesForeignNewspaperImagesFreelance writer (author retains ©)Music performanceMusic recordingOnline musical performancePlay rightsMovie

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I found it on the Internet!

No one cares what I do with it, right?Exceptions

Public Domain Fair Use

Small portions of multimedia No agreement on images

Custom licenses (CC)

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LET’S TAKE A LOOK…

What are Public Domain & Fair Use?

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Public Domain

When does copyright start and end?Copyright protection by date

http://librarycopyright.net/digitalslider/

14

What is fair use?

The purpose and character of the use ($?)

The nature of the copyrighted work

How much of the work is used: Not more than one copy per student 250 worlds or less of a poem A complete article or 2,500 words or less Excerpts of 500 – 1000 words One illustration per publication

The effect of the use on the market value of the work.

15

What about in the classroom?

Copies may be used for only one course in the school.

Same author copies may not exceed more than one article or two excerpts, or more than three from a collection of works.

Multiple copying for one course is limited to a maximum of nine instances during the term.

You many not copy “consumable” materials, i.e. workbooks.

Students may not be charged for copied material.

Morrison, G. R., & Lowther, D. L. (2005). Integrating computer technology into the classroom, 3rd ed., p. 239.

16

Etool for Fair Use

Learn More about Fair UseFair Use Evaluator

http://librarycopyright.net/fairuse/ © Michael Brewer & ALA Office for Information

Technology Policy

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What about multimedia?

Motion Media Up to 10% of the total or 3 minutes (whichever is less)

Music, lyrics, and music video Up to 10% of the work, but no more than 30 seconds

Illustrations or photographs No more than 5 images from one artist or photographer No more than 10% or 15 images, whichever is less, from

a collection

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What have you learned?

Test yourself at Copyright Bay.

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How does this apply to online environments?

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What is the TEACH Act?

Technology, Education, and Copyright Harmonization (TEACH) Act

is the product of discussion and negotiation among academic institutions, publishers, library organizations and Congress.

Instructor latitude Student distribution Participation access to resources

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Educational institutionMediated instructional activitiesUse limited students enrolled in classLive or asynchronous classesReasonable and limited portions

i.e. usage similar to typical live classroom sessionCannot include textbook materials

i.e. typically purchased or acquired by students

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TRY THE CREATIVE COMMONS

What can I do?

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What is the Creative Commons?

Creative Commons is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright.

LicensesAttributionShare AlikeNoncommercialNo Derivative Works

An Overview

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Solution

Fair Use QuestionPublic DomainAppropriate ModelsFind Resources

Analyze and defendBy DateTeacher UseCreative Commons

Current best practices for the classroom

Problem

25

THANK YOU!

FIN

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