1. IN EDUCATION Copyright and Fair Use Terri L. Gibson. (Aug, 2013)

2. THE EXCLUSIVE LEGAL RIGHT TO REPRODUCE, PUBLISH, SELL, OR DISTRIBUTE THE MATTER AND FORM OF SOMETHING (AS A LITERARY, MUSICAL, OR ARTISTIC WORK) Copyright (Merriam-Webster.com)

3. Copyright Fundamental Principals  Copyright law applies to nearly all creative and intellectual works.  Works are copyrighted automatically.  Copyright protection lasts for decades.  Works in the public domain (Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.) (KO CETV)

4. Copyright The Meaning of Copyright Ownership (Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.) Owners hold specific rights but not all rights. Author is the copyright owner. Employer may be the copyright owner. Copyrights can be transferred. Copyright owners may allow public uses.

5. The Copyright Law Copyright Law of the United States of America, full text: http://www.copyright.gov/title17/ Education: Section 107 Fair Use Section 108 Reproduction & Distribution for libraries Section 109 First Sale Doctrine Section 110 Display and Performance rights (Minow & Lipinski, 2003, pp. 19 - 58)

6. Copyright Law Section 108 The “Library Exception” Which libraries are covered under this section? Section 108 applies to most libraries. The library or archive must be “either open to the public or available to researchers in the field beyond its affiliated users.” (Minow & Lipinski, 2003, pp. 40-41)

7. Copyright Law Section 108 The “Library Exception” Libraries may make copies for… 1. Preservation and security for the library. 2. Replacement of published works for the library. 3. Reproduction for a patron of a serial or less than whole part of a work. 4. Reproduction for a patron of an entire or substantial portion of a work. (Minow & Lipinski, 2003, pp. 41 – 42)

8. Copyright Law Section 108 The “Library Exception” (Limitations) For nonprofit uses only Personal copying by library staff is not covered. (Minow & Lipinski, 2003, pp. 42 – 43)

9. Copyright Law Section 109 Library Lending Exceptions and the First Sale Doctrine A public school media center … May give or donate a copy of software to another school. May not sell software. May not lend or sell electronic items. (Minow & Lipinski, 2003, pp. 54 - 57)

10. Copyright Law Section 110 Performances and Displays “face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction.” Students and teachers must simultaneously be physically in the same building or general area. Content of the material must be related to the curriculum of the specific class. (Minow & Lipinski, 2003, pp. 57 - 60) (KOCETV)

11. Copyright Law The TEACH Act Expanded Rights for Distance Learning Limitations: 1.Must be working at an accredited non-profit school. 2.Legally acquired materials and citations provided. 3.Accessible only to students in the class. 4.Mediated instruction. 5.Not archived. 6.Material not normally purchased by the student. 7.School copyright policy in place and teaching it. (KOCETV)

12. A LEGAL DOCTRINE THAT PORTIONS OF COPYRIGHTED MATERIALS MAY BE USED WITHOUT PERMISSION OF THE COPYRIGHT OWNER PROVIDED THE USE IS FAIR AND REASONABLE, DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF THE MATERIALS, AND DOES NOT CURTAIL THE PROFITS REASONABLY EXPECTED BY THE OWNER Fair Use (KOETV) (Merriam-Webster.com)

13. Fair use Are you within fair use? Consider these four factors: 1. Purpose and character of the use 2. Nature of the copyrighted work 3. Amount and substance of the portion used 4. Effect upon the potential market ( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.) (KOCETV )

14. Favoring Fair Use Opposing Fair Use  Teaching (includes copies for classroom use)  Research  Scholarship  Nonprofit edu. institution  Criticism  Comment  News reporting  Transformative or productive use  Restricted access  Parody  Commercial activity  Profiting from the use.  Entertainment  Bad-faith behavior  Denying credit to original author Fair Use Checklist Purpose ( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

15. Favoring Fair Use Opposing Fair Use  Published work  Factual or nonfiction based  Important to favored educational objectives  Unpublished work  Highly creative work (art, music, novels, films, plays) Fair Use Checklist Nature ( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

16. Favoring Fair Use Opposing Fair Use  Small quantity  Portion used is not central or significant to entire work  Amount is appropriate for favored educational purpose  Large portion or whole work used  Portion used is central to or “heart of the work” Fair Use Checklist Amount (Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

17. Favoring Fair Use Opposing Fair Use  User owns lawfully purchased or acquired copy of original work  One or few copies made  No significant effect on market or potential market  No similar product marketed by the copyright holder  Lack of licensing mechanism  Could replace sale of work  Significantly impairs market or potential market for the work or derivative  Reasonably available licensing mechanism for use of the work  Affordable permission available for using work  Numerous copies made  You made it accessible on the Web or in other public forum  Repeated or long-term use Fair Use Checklist Effect ( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

18. Fair Use The Common Sense Factor Be responsible. Don’t do anything to harm the copyright holder. Are you causing the copyright holder to lose sales? Is the product diminished by your use? Are you helping kids learn? (KOCETV)

19. Fair Use Other Rights Activities within fair use are not infringements. One of many statutory rights to use copyrighted works. Uses are also allowed with permission. Applies to domestic and foreign works ( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

20. Multimedia Project Uses Multimedia Permitted Students for class projects Teachers to create teaching materials Legally acquired No pirated material Must cite Use common sense Motion media Music Text material Graphics Illustrations Photographs Digital software Conference on Fair Use (CONFU) (KOCETV)

21. Fair Use General Guidelines (When permission is neither asked for nor given) 1.Motion media - 10% or 3 minutes maximum 2.Text material - 10% or 1,000 words maximum 3.Poems - all of 250-word poem, more from longer poem 3 poems from same author 5 poems from different authors 4.Music, lyrics, music videos - 10% or 30 seconds maximum 5.Photographs & illustrations – all of work No more than 5 works/artist No more than 15 or 10% from any one published work 6.Copyrighted database or tables - 10% or 2500 field entries (KOCETV)

22. Copyright and Fair Use Websites and Resources Copyright Law of the United States (full text: http://www.copyright.gov/title17/http://www.copyright.gov/title17/ Columbia University’s “Copyright, Fair use and Education” and ‘Fair use in education and Research”: http://copyright.columbia.eduhttp://copyright.columbia.edu Copyright Clearance Center: http://www.copyright.com/http://www.copyright.com/ “Copyright for Educators” six-part series by KOCETV: www.youtube.comwww.youtube.com CONFU: Conference on Fair Use – Final Report http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf The Teacher’s Guide to Copyright and Fair Use by Edudemic: http://www.edudemic.com/guides/guide-to-copyright/ http://www.edudemic.com/guides/guide-to-copyright/ Creative Commons: http://creativecommons.org/http://creativecommons.org/ Copyright-friendly images for education: http://pics.tech4learning.com/http://pics.tech4learning.com/ Copyright-friendly music: http://freeplaymusic.com/http://freeplaymusic.com/ (Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

23. References Center for Digital Research and Scholarship. Columbia University libraries/Information Services. Retrieved August 21, 2013, from copyright.columbia.edu/copyright/ Copyright. (n.d.). Merriam-Webster.com. Retrieved August 21, 2013, from http://www.merriam- webster.com/dictionary/copyright Fair use. (n.d.). Merriam-Webster.com. Retrieved August 21, 2013, from http://www.merriam- webster.com/dictionary/fair use Image 1. Retrieved from http://www.uniondocs.org/wp-content/uploads/2011/09/fairusediagram.jpg Image 2. Retrieved from http://www.anderson5.net/cms/lib02/SC01001931/Centricity/Domain/388/copyright.png Image 3. Retrieved from http://www.russianmachineneverbreaks.com/wp-content/uploads/creative CommonsBig.jpg Image 4. Retrieved from https://www.efa.org.au/main/wp-content/uploads/2013/06/197px- Fair_use_logo.svg_.png KOCETV. Copyright for educators. Retrieved August 21, 2013, from www.youtube.comwww.youtube.com Minow, M. & Lipinski, T. (2003). The library’s legal answer book. Chicago, IL: American library Association.