Why Copyright Your Creative work?

A. Very confidentB. ConfidentC. I think I understand itD. ConfusedE. Completely confused!

To promote creativity, innovation and the spread of knowledge

Article 1 Section 8U.S. Constitution

The purpose of copyright protection is to:

Use and share

Copy

Modify & Repurpose

Excerpt & Quote From

Distribute

Restrict

Limit

Charge high fees

Discourage use

Use scare tactics

Speak No Evil

Hear no Evil

You cannot pretend to:

See no Evil

If you want to use others' works in your creation

you need to know about Copyright laws.

Educational Use Guidelines are Confusing!

The Law Gives Certain Rights to Copyright Owners

Sometimes You Have to Ask for Permission

Sometimes You Are the Owner!

Educators can:

1. make copies of copyrighted works and use them for

educational use

2. create curriculum materials with copyrighted materials

embedded

3. share, sell and distribute curriculum materials with

copyrighted materials embedded

Learners can:

4. use copyrighted works in creating new material

5. distribute their works digitally if they meet the

transformativeness standard

Owner’s rights

make copies, create derivative works, distribute, display and perform works publicly.

Transformative Use is Fair Use

When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use;

  --Joyce Valenza, School Library Journal

Students must learn to:

1. analyze and

2. use good judgment

when you’re thinking about using a copyrighted work

What Does it Mean to Users?

If the law protects a work you wish to use, you must ask for permission from the copyright owner unless your planned use is covered by one of the law's exemptions, such as fair use.

1. Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?

2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

The Law Gives Certain Rights to Copyright Owners

Sometimes You Have to Ask for Permission

Sometimes You Are the Owner!

The Author is Usually the Owner More than one

author may be joint owners of a work

Your employer may be the owner if you created it on company time or as a “work for hire.”

Fair Use

Character of the Use

Nature of the Material to be Copied

Amount and Importance of the Part Copied

The Effect on Market for Permissions

The penalties for infringement are very harsh:

the court can award up to $150,000 for each separate act of willful infringement.

You are on Firm Ground When Your Use Involves:

CommentCriticismNews reporting

Parody

Copyright does not protect, this Policy does not apply to, and anyone may freely use*:

Works that lack originality ◦ logical, comprehensive compilations (like the phone

book)◦ unoriginal reprints of public domain works

Works in the public domain Freeware (not shareware, but really, expressly,

available free of restrictions-ware -- this may be protected by law, but the author has chosen to make it available without any restrictions)

US Government works Facts Ideas, processes, methods, and systems

described in copyrighted works

Students may incorporate portions of copyrighted materials when producing a project for a specific course.

Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school.

When in Doubt

Ask your teachers!