copyright and fair use protecting the interests of creators and users of content a presentation by...

Copyright and Fair UseCopyright and Fair Use

Protecting the Interests of Protecting the Interests of Creators and Users of ContentCreators and Users of Content

A Presentation by Linda HoltA Presentation by Linda Holt

Office of Educational TechnologyOffice of Educational Technology

Virginia Department of EducationVirginia Department of Education

Virginia Department of Education

What is copyright?What is copyright?

The legal right granted to an author, The legal right granted to an author, composer, playwright, publisher, or composer, playwright, publisher, or distributor to exclusive publication, distributor to exclusive publication, production, sale, or distribution of a production, sale, or distribution of a literary, musical, dramatic, or artistic work.literary, musical, dramatic, or artistic work.

http://dictionary.reference.com/browse/copyright


Copyright TimelineCopyright Timeline

1976: Revision of the U.S. Copyright Act1976: Revision of the U.S. Copyright Act 1996: Fair Use Guidelines1996: Fair Use Guidelines 1998: Digital Millennium Copyright Act1998: Digital Millennium Copyright Act 2002: TEACH (Technology Education and 2002: TEACH (Technology Education and

Copyright Harmonization) ActCopyright Harmonization) Act

http://www.arl.org/info/frn/copy/timeline.html#20C


What is protected?What is protected?

All tangible creative works are All tangible creative works are protected by copyright immediately protected by copyright immediately upon creationupon creation

http://www.education-world.com/a_curr/curr280a.shtml


What is not protected?What is not protected?

Works not fixed in a tangible form Works not fixed in a tangible form of expressionof expression

Titles, names, short phrases, and Titles, names, short phrases, and slogansslogans

Familiar symbols or designsFamiliar symbols or designs Variations of typographic Variations of typographic

ornamentation, lettering or ornamentation, lettering or coloringcoloring


Works not protected includeWorks not protected include

Listing of ingredients or contentsListing of ingredients or contents Ideas, procedures, methods, Ideas, procedures, methods,

systems, processes, concepts, systems, processes, concepts, principles, explanation, or an principles, explanation, or an illustrationillustration

Works consisting entirely of Works consisting entirely of information that is common property information that is common property and contains no original authorshipand contains no original authorship


Public domainPublic domain Works published before January 1, 1923Works published before January 1, 1923 Works published between 1923 and 1978 Works published between 1923 and 1978

that did not contain a valid copyright that did not contain a valid copyright noticenotice

Works published between 1923 and 1978 Works published between 1923 and 1978 for which the copyright was not renewedfor which the copyright was not renewed

Works authored by employees of the Works authored by employees of the federal governmentfederal government

Works that the copyright owner has freely Works that the copyright owner has freely granted to the public domaingranted to the public domainhttp://www.education-world.com/a_curr/curr280a.shtml


When in doubt….When in doubt….

Assume that a work is copyrighted andAssume that a work is copyrighted and


What is fair use?What is fair use?

The fair use doctrine was created to The fair use doctrine was created to allow the use of copyrighted works allow the use of copyrighted works for criticism and commentary, for criticism and commentary, parody, news reporting, research and parody, news reporting, research and scholarship, and classroom scholarship, and classroom instruction. instruction.

http://www.education-world.com/a_curr/curr280b.shtml


4 Factors That Determine Fair Use4 Factors That Determine Fair Use the purpose and character of the use, the purpose and character of the use,

including whether such use is of a including whether such use is of a commercial nature or is for nonprofit commercial nature or is for nonprofit educational purposes. educational purposes.

the nature of the copyrighted work. the nature of the copyrighted work. the amount and substantiality of the portion the amount and substantiality of the portion

used in relation to the copyrighted work as used in relation to the copyrighted work as a whole. a whole.

the effect of the use upon the potential the effect of the use upon the potential market for or value of the copyrighted work. market for or value of the copyrighted work. Section 107 of the Copyright Act of 1976


Purpose and character of the usePurpose and character of the use

Does the new work transform the Does the new work transform the original work or offer something original work or offer something beyond the original? Copyrighted works beyond the original? Copyrighted works that are altered significantly are more that are altered significantly are more likely to be considered fair use. likely to be considered fair use.

Is the use for nonprofit or educational Is the use for nonprofit or educational purposes? Copyrighted works used for purposes? Copyrighted works used for nonprofit or educational purposes are nonprofit or educational purposes are more likely to be considered fair use. more likely to be considered fair use.



Nature of the copyrighted workNature of the copyrighted work

Is the copyrighted work published or Is the copyrighted work published or unpublished? Published works are unpublished? Published works are more likely to be considered fair use. more likely to be considered fair use.

Is the original work out of print? Out Is the original work out of print? Out of print works are more likely to be of print works are more likely to be considered fair use. considered fair use.

Is the copyrighted work factual or Is the copyrighted work factual or creative? Factual works are more creative? Factual works are more likely to be considered fair use. likely to be considered fair use. http://www.education-world.com/a_curr/curr280b.shtml


Amount and substantiality of the portion Amount and substantiality of the portion used in relation to the copyrighted work used in relation to the copyrighted work

as a wholeas a whole

Is the amount of the original work used Is the amount of the original work used reasonable? The smaller the percentage of reasonable? The smaller the percentage of the work used, the more likely it is to the work used, the more likely it is to qualify as fair use. qualify as fair use.

Is the section of the original work used the Is the section of the original work used the most important part of the work? The less most important part of the work? The less significant the portion of the work used, significant the portion of the work used, the more likely it is to be considered fair the more likely it is to be considered fair use. use. http://www.education-world.com/a_curr/curr280b.shtml


The effect of the use upon the The effect of the use upon the potential market for or value of the potential market for or value of the

copyrighted work:copyrighted work: Does the new work appeal to the Does the new work appeal to the

same audience as the original work? same audience as the original work? Copyrighted works that are used for Copyrighted works that are used for another purpose or designed to another purpose or designed to appeal to a different audience are appeal to a different audience are more likely to be considered fair use. more likely to be considered fair use.



Copy guidelines for educatorsCopy guidelines for educators

Single chapter of a bookSingle chapter of a book Excerpt from a work that combines language Excerpt from a work that combines language

and illustrations not exceeding and illustrations not exceeding two pagestwo pages or or 10%10% of the work, whichever is less of the work, whichever is less

Article, short story, or essay of Article, short story, or essay of 2,500 words2,500 words or lessor less

Excerpts of up to Excerpts of up to 1,000 words1,000 words or or 10%10% of a of a longer worklonger work

SingleSingle chart, graph, diagram, drawing, chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, cartoon, or picture from a book, periodical, or newspaperor newspaper



Copy guidelines do not allowCopy guidelines do not allow Copying multiple copies of different Copying multiple copies of different

works as substitute for purchase of works as substitute for purchase of books or periodicalsbooks or periodicals

Copy same works for more than one Copy same works for more than one semester, class, or coursesemester, class, or course

Use copyrighted work for commercial Use copyrighted work for commercial purposespurposes

Use copyrighted work without Use copyrighted work without attributing the authorattributing the author



Off-air taping guidelinesOff-air taping guidelines the program is recorded the program is recorded

simultaneouslysimultaneously with the with the broadcast. broadcast.

the program is being the program is being broadcast broadcast without chargewithout charge. .

the program is recorded the program is recorded only in response to a only in response to a specific request. specific request.

the program is recorded the program is recorded (but not necessarily used) (but not necessarily used) in its in its entiretyentirety. .

the program is the program is not alterednot altered. .

the tape is retained by the the tape is retained by the educational institution for educational institution for no longer that 45 daysno longer that 45 days after the date of the after the date of the recording. recording.

the tape is the tape is used only onceused only once with each class during the with each class during the first tenfirst ten consecutive school consecutive school days of the 45-day days of the 45-day retention period. retention period.

the tape is used from the the tape is used from the tenth to the 45th daytenth to the 45th day of of the retention period for the retention period for teacher-teacher-evaluationevaluation purposes only. purposes only. http://www.education-world.com/a_curr/curr280b.shtml


Guidelines established in 1976 Guidelines established in 1976 allow educators who have allow educators who have

bought or rented videocassettes bought or rented videocassettes designated designated for home usefor home use only to only to

use those videocassettes for use those videocassettes for face-to-face student instruction face-to-face student instruction

-- but -- but not for student not for student entertainmententertainment. .


Multimedia Project Quantity Limits Multimedia Project Quantity Limits

Motion media: Up to Motion media: Up to 10% or 3 min. of an 10% or 3 min. of an individual programindividual program

Text: Text: Up to 10% or 1000 Up to 10% or 1000

wordswords Short poems (250 Short poems (250

words or less) in their words or less) in their entiretyentirety

No more than 3 No more than 3 poems/excerpts by 1 poems/excerpts by 1 poet; 5 by multiple poet; 5 by multiple poets in an anthologypoets in an anthology

Music, Lyrics, Music Music, Lyrics, Music VideoVideo Up to 10%Up to 10% No more than 30 secondsNo more than 30 seconds

Illustrations, cartoons, Illustrations, cartoons, photographsphotographs No more than 5 images by No more than 5 images by

a singe artist or a singe artist or photographerphotographer

No more than 10% or 15 No more than 10% or 15 images from a collective images from a collective workwork

Numerical data setsNumerical data sets 10% or 2,500 fields or 10% or 2,500 fields or

cellscells


Retention of multimedia projectsRetention of multimedia projects

Students may retain indefinitelyStudents may retain indefinitely Teachers may retain for up to 2 Teachers may retain for up to 2

yearsyears Must obtain permission from each Must obtain permission from each

copyright holder to retain beyond the 2 copyright holder to retain beyond the 2 year periodyear period


Nancy Willard recommendsNancy Willard recommends

Use public domain resources whenever Use public domain resources whenever possible. Materials created by the federal possible. Materials created by the federal government are all in the public domain, government are all in the public domain, and many public agencies have created and many public agencies have created educational materials. educational materials.

Develop collaborative efforts with other Develop collaborative efforts with other teachers to create and disseminate public teachers to create and disseminate public domain materials for educational use. domain materials for educational use.

Ask permission, and teach students to ask Ask permission, and teach students to ask permission, before using any material permission, before using any material about which there is a question. about which there is a question.



School use of softwareSchool use of software Commercial software Commercial software

the software is covered by copyright. the software is covered by copyright. although one archival copy of the software can be although one archival copy of the software can be

made, the backup copy cannot be used except made, the backup copy cannot be used except when the original package fails or is destroyed. when the original package fails or is destroyed.

modifying the software is not allowed. modifying the software is not allowed. decompiling (reverse engineering) of the program decompiling (reverse engineering) of the program

code is not allowed without the permission of the code is not allowed without the permission of the copyright holder. copyright holder.

developing new work built on the package developing new work built on the package (derivative work) is not allowed without the (derivative work) is not allowed without the permission of the copyright holder. permission of the copyright holder.

http://www.law.miami.edu/legal/educom.html


Shareware softwareShareware software the software is covered by copyright. the software is covered by copyright. although one archival copy of the software although one archival copy of the software

can be made, the backup copy cannot be can be made, the backup copy cannot be used except when the original package used except when the original package fails or is destroyed. fails or is destroyed.

modifying the software is not allowed. modifying the software is not allowed. decompiling (reverse engineering) of the decompiling (reverse engineering) of the

program code is not allowed without the program code is not allowed without the permission of the copyright holder. permission of the copyright holder.

developing new work built on the package developing new work built on the package (derivative work) is not allowed without (derivative work) is not allowed without the permission of the copyright holder. the permission of the copyright holder.



FreewareFreeware the software is covered by copyright. the software is covered by copyright. copies of the software can be made for both copies of the software can be made for both

archival and distribution purposes but that archival and distribution purposes but that distribution cannot be for profit. distribution cannot be for profit.

modifying the software is allowed and encouraged. modifying the software is allowed and encouraged. decompiling (reverse engineering) of the program decompiling (reverse engineering) of the program

code is allowed without the explicit permission of code is allowed without the explicit permission of the copyright holder. the copyright holder.

developing new work built on the package developing new work built on the package (derivative work) is allowed and encouraged with (derivative work) is allowed and encouraged with the condition that derivative work must also be the condition that derivative work must also be designated as freeware. That means that you designated as freeware. That means that you cannot modify or extend freeware and then sell it cannot modify or extend freeware and then sell it as commercial or shareware software. as commercial or shareware software.



It's important to recognize, however, that It's important to recognize, however, that when you buy or download software not in when you buy or download software not in the public domain, you do not actually own the public domain, you do not actually own

the software; you merely acquire a license to the software; you merely acquire a license to use it in accordance with certain conditions. use it in accordance with certain conditions.

Because those conditions vary from Because those conditions vary from program to program, you should program to program, you should carefully carefully

read the licensing agreement for every piece read the licensing agreement for every piece

of software you use.of software you use. http://www.education-world.com/a_curr/curr280c.shtml


The Internet is NOT in the public The Internet is NOT in the public domaindomain

Guidelines for public domain and Guidelines for public domain and copyright protected works predate copyright protected works predate many of newer technologiesmany of newer technologies

Copyrighted work on the Web is Copyrighted work on the Web is governed by an international treaty, governed by an international treaty, the Berne Convention for the the Berne Convention for the Protection of Literary and Artistic Protection of Literary and Artistic Works. Works.


What to avoid when posting work you have What to avoid when posting work you have not created to the Web:not created to the Web:

Copying and posting links that contain descriptions of Copying and posting links that contain descriptions of the linked sites, although posting links that contain the linked sites, although posting links that contain only a URL and the title of the site is generally only a URL and the title of the site is generally acceptable. acceptable.

Downloading graphics, including bullets, logos, fonts, Downloading graphics, including bullets, logos, fonts, photographs, and illustrations. photographs, and illustrations.

Framing information from another site, particularly if Framing information from another site, particularly if you delete the site's ads or identifying information or you delete the site's ads or identifying information or make it look as if the information is your own. make it look as if the information is your own.

Deep-linking to an interior page of a site. Bypassing Deep-linking to an interior page of a site. Bypassing advertising or identifying information on a site's main advertising or identifying information on a site's main page may deprive the copyright owner of revenue. page may deprive the copyright owner of revenue.

Copying a site's html code. Copying a site's html code.

http://www.education-world.com/a_curr/curr280c.shtml


Ask permission if you plan toAsk permission if you plan to post, or quote from, e-mails post, or quote from, e-mails

posted to a mailing list, posted to a mailing list, message board, or message board, or newsgroup. Most newsgroup. Most participants in such groups participants in such groups intend their remarks for a intend their remarks for a limited audience and may limited audience and may not appreciate wider not appreciate wider distribution. No one likes distribution. No one likes being quoted out of context! being quoted out of context!

post, or quote from, post, or quote from, personal e-mails. personal e-mails.

link to sites that contain link to sites that contain large amounts of video or large amounts of video or audio. The resulting traffic audio. The resulting traffic can seriously strain some can seriously strain some servers. servers.


Ways to limit district liabilityWays to limit district liability Establish a process to ensure that all Establish a process to ensure that all

materials on the district Web site are closely materials on the district Web site are closely evaluated. evaluated.

Provide professional development for Provide professional development for teachers and instruction to students about teachers and instruction to students about defamation, invasion of privacy, defamation, invasion of privacy, harassment, and copyright law. harassment, and copyright law.

Include an immunity provision in the policy. Include an immunity provision in the policy. Take prompt action if accusations are made. Take prompt action if accusations are made. Be prepared to stand up for staff or Be prepared to stand up for staff or

students if false accusations are made. students if false accusations are made. http://www.education-world.com/a_curr/curr280e.shtml


Teacher’s ResponsibilityTeacher’s Responsibility

"Help students learn about the value of "Help students learn about the value of created works and develop respect for the created works and develop respect for the creators by discussing the importance of creators by discussing the importance of such works on the advancement of society." such works on the advancement of society."

"Teach students to request permission when "Teach students to request permission when in doubt about the status of a particular in doubt about the status of a particular work or the appropriateness of their use of work or the appropriateness of their use of that work." that work."

"Teach students how to request permission." "Teach students how to request permission." http://www.education-world.com/a_curr/curr280e.shtml

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