COPYRIGHT AND FAIR USE

The Appropriate use of Electronic Media in the Classroom: Risks & Benefits

www.shmoop.com/constitution/photo-united-states-constitution.html

— U N I T E D S T A T E S C O N S T I T U T I O N , A R T I C L E 1 , S E C T I O N 8

The Congress shall have Power 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

en.wikipedia.org/wiki/copyright

C O P Y R I G H T I S “ T H E L E G A L R I G H T C R E AT E D B Y T H E L A W O F T H E C O U N T R Y, T H A T G R A N T S

T H E C R E A T O R O F A N O R I G I N A L W O R K E X C LU S I V E R I G H T S T O I T S U S E A N D

D I S T R I B U T I O N, U S U A L LY F O R A L I M I T E D T I M E , W I T H T H E I N T E N T I O N O F E N A B L I N G

T H E C R E AT O R ( E . G . T H E P H O T O G R A P H E R O F A P H O T O G R A P H O R T H E A U T H O R O F A B O O K ) T O

R E C E I V E C O M P E N S A T I O N F O R T H E I R I N T E L L E C T U A L E F F O R T. ”

What is copyright?

The above list of who is able to possess copyright is only a partial list of possibilities.

WHO CAN POSSESS COPYRIGHT?

An architectural designer

A playwright, book author, or author of blogs, email, or scholarly articles

An author of computer software, books, poems, or stories

A movie scriptwriter

A music writer, opera writer, or symphony writer

A pantomime or choreographer

A painter, photographer, or sculptor

www.copyrightkids.org/copyrightbasics.html

Architectural works

Dramatic works, including any accompanying music

Literary works, which includes computer software

Motion pictures and other audiovisual works

Musical works, including any accompanying words

Pantomimes and choreographic works

Pictorial, graphic, and sculptural works

Sound recordings

 Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (written or recorded descriptions, explanations, or illustrations of such things are protected copyright)  Titles, names, short phrases, & slogans; listings of ingredients or contents (some titles & words may be protected if their use is linked with a particular product or service)

Works not fixed in a tangible form of expression, such as improvised speech or performance not written down or recorded

Works entirely of information commonly available & no originality (i.e. standard calendars, measures & rulers, lists or tables compiled from public documents or other common sources)

 Works by the U.S. government.

FACTS ABOUT COPYRIGHT PROTECTION

Which works are protected by copyright?

Which works are not protected by copyright?

en.wikipedia.org/wiki/Fair_use

FA I R U S E I S “A L I M I T A T I O N A N D E X C E P T I O N T O T H E E X C LU S I V E R I G H T G R A N T E D B Y C O P Y R I G H T L A W T O T H E A U T H O R O F A

C R E A T I V E W O R K . I N U. S . C O P Y R I G H T L A W, FA I R U S E I S A D O C T R I N E T H AT P E R M I T S

L I M I T E D U S E O F C O P Y R I G H T E D M A T E R I A L W I T H O U T A C Q U I R I N G P E R M I S S I O N F R O M T H E

R I G H T S H O L D E R S . ”

What is Fair Use?

en.wikipedia.org/wiki/Public_domain

WHAT IS PUBLIC

DOMAIN?“Works in the public domain are those whose intellectual property

rights have expired, have been forfeited, or are inapplicable. The

term is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is

referred to as “under license” or “with permission.”

Simply put, creative materials that are not protected by intellectual property laws, such as copyright, trademark, and patent laws are in the public domain. The public owns these works and anyone can use materials in the public domain without obtaining permission.

EXAMPL ES O F W OR KS IN THE PUBL IC DO MAIN

Shakespeare’s play, Macbeth

Beethoven’s Piano Sonata No. 14 in C-sharp minor "Quasi una fantasia", Op. 27, No. 2, better known as the Moonlight Sonata

Film, It’s a Wonderful Life,

Song, Yankee Doodle

Book, The Wizard of Oz

Homer’s epic, The Odyssey

www.westga.edu/~distance/ojdla/winter144/wiggins144.html

FAIR USE EXCEPTIONS

• Educators are privileged to use intellectual property without permission of the copyright holder. In addition, they may expand on it or use it to promote further knowledge.

• Congress permits educators to make “multiple copies for classroom use.”

• Fair Use Policy Exceptions were written to encourage the advancement of art, knowledge, and science.

www.westga.edu/~distance/ojdla/winter144/wiggins144.html

FAIR USE TEST

There are 4 important questions that will help educators decide whether or not to use a work: 1. What is the purpose of its usage? Is the purpose and character of the use of a commercial nature or is for nonprofit educational purposes? 2. What is the nature of its usage?3. What is the quantitative and qualitative amount of the work to be used?

4. What will the effect of its usage be on the market? Will you deprive the creator of income because of your use of their work?

 Copyright and Fair Use Video

copyright.gov/history/lore/2004/jan04-lore.pdf

FUN FACTS

A Journal of Captain Hook’s Last Voyage to

the Pacific Ocean by John Ledyard was the first

book registered under a state copyright law.

copyright.gov/history/lore/2004/jan04-lore.pdf

JOHN LEDYARD

is known as the “the father of copyright law.” He is the

author of the 1st book registered under a state

copyright law. The book was titled, A Journal of Captain Hook’s Last Voyage to the

Pacific Ocean.

copyright.gov/history/lore/2004/jan04-lore.pdf

CONNECTICUT

In January 1783, Connecticut became the 1st

state to pass the 1st copyright law in the United

States of America.

copyright.gov/history/lore/2004/jan04-lore.pdf

THE YEAR THE 1ST FEDERAL COPYRIGHT LAW WAS ENACTED.

1790

copyright.gov/history/lore/2004/jan04-lore.pdf

FUN FACTS QUIZ

1. What is the name of the first book to be registered under a state copyright law? And who was the author?

2. Who is known as the father of copyright law?

3. What was the first state to pass the first copyright law in the United States of America? In what year?

4. In what year was the first federal copyright law enacted?

5. What was the only state of the 13 original states to not pass copyright laws of their own?

copyright.gov/history/lore/2004/jan04-lore.pdf

ANSWERS TO QUIZ

1. A Journal of Captain Hook’s Last Voyage to the Pacific Ocean; John Ledyard

2. John Ledyard

3. Connecticut; 1783

4. 1790

5. Delaware

RESOURCES

Copyright and Fair Use for Teachers

Creative Commons

U.S. Copyright Office

Fair Use Evaluator

Copyright Basics

Copyright Term and the Public Domain in the United States

YouTube Video: A Fair(y) Tale Use by Jas A