• COPYRIGHT IS A FORM OF PROTECTION GROUNDED IN THE U.S. CONSTITUTION AND GRANTED BY LAW FOR ORIGINAL WORKS OF AUTHORSHIP FIXED IN A TANGIBLE MEDIUM OF EXPRESSION.

• COPYRIGHT COVERS BOTH PUBLISHED AND UNPUBLISHED WORKS.

Copyright What Is It?

What Are The Owner’s Rights?

Owners of copyrighted materials have the exclusive right, by law to:

* Copy or reproduce work* Create derivative works* Distribute copies for sale* Perform publicly * Display publicly

What Can Be Copyrighted?

Literary worksMusical works, including any accompanying

wordsDramatic works, including accompanying

musicChoreographic and pantomime worksGraphic, pictorial, & sculptural worksMotion pictures & other audiovisual worksArchitectural worksSound recordings

Is Copyright Automatic?

Copyright is effective when a work is fixed in a tangible form.

No need to include copyright symbol. The copyright is automatic as soon as the work is created and fixed.

However, you can put a © on everything you create if you so choose.

What Are the 4 Factors of Fair Use?

1. Purpose and character of your use

2. Nature of the copyrighted work

3. Amount and substantiality of the portion taken

4.Effect of the use upon the potential market.

Acronym = PANE

1. Purpose & Character of Use

Various purposes for which the reproduction of a particular work may be considered fair: Criticism & Comment including ParodiesNews reporting (source credited)Teaching / Educational Purposes ScholarshipResearchNon-profit - Not saved for more than 2 years

2. Nature of the Copyrighted Work

Is the work Factual in Nature? Scientific, Technical, Scholarly, etc. Did the work earn the copyright holder an award or

distinction? Monetary implications

Is the work Creative in Nature? Plays, photographs, poems, paintings, fictional works, etc.

Fine line between unprotected “facts and ideas” & protected “expression”

3. Amount Taken

10% or 1,000 words of a book

1 Poem or 250 words (from 1 published work, not 1 author)

No more than 1 article or 2,500 words

1 Image from a specific source (In print or online)

30 Seconds of a song (including background music)

4. Effect Upon the Potential Market

Not harmful to the author -Will the author/publisher/anyone else lose money if

you use the material? What is the effect of the use on marketability and

value of the original copyrighted work?Work can not be available for purchase

10 day guideline for TVNeed to purchase the work

Are you promoting the work or just giving it away? Book covers = gray area

What Are the Copyright Terms?

Anything published before 1923 is in the Public Domain (Works that no longer have Copyright protection).

Created between 1923-1963 copyrights can be renewed for a total of 67 years. If works are not renewed, go into Public Domain.

Created between 1964-1977 copyright automatically renewed for 95 years from creation date.

Created after January 1, 1978 the copyright is automatically renewed for 120 years after creation date or 95 years after publication date.

Staying Copyright Compliant

Get permission from sourceUse Public Domain materials

No longer have copyright protectionPurchase Licensing

Annual fee to cover the use of copyrighted materials for non-educational activities.

Fair Use – 4 Factors Interpretive, many gray areas Just because you are not profiting from a work does not mean

the use of it is copyright compliant!

Copyright and Fair Use Resources for Teachers

University of Minnesota Libraries Website http://www.lib.umn.edu/copyright/checklist.phtml

Printable, helpful chart available at http://www.halldavidson.net/copyright_chart.pdf

United States Copyright Office http://www.copyright.gov/circs/circ21.pdf

Library of Congress Tutorial for Students & Teachers http://www.loc.gov/teachers/copyrightmystery/#/steps/

ISLMA (Illinois School Library Media Association) http://www.islma.org/resources.htm#copyright

The Copyright Site http://www.thecopyrightsite.org/

Creative Commons http://www.creativecommons.org

Getting Permission

United States Copyright Office Copyright Licensing Organizations & Publications Rights Clearinghouses http://www.copyright.gov/resces.html

Copyright Kids! http://www.copyrightkids.org/permissframes.htm

Copyright Clearance Center http://www.copyright.com/

Music Publishers Association http://www.mpa.org/copyright_resource_center/

Ethics

Model how we want students to behave: Credit Sources Respect Rules & Other’s works Teach the 4 Factors of Fair Use = Copyright

compliance Use tutorials, You Tube videos, & model

examples of Copyright infringement High interest level for students

Ask for Permission when necessary