1. Copyright and Fair Use Dr. Steve Broskoske Misericordia University

2. Which of the following items are copyrighted? A song you write. A lesson plan you write. A book report written by a student. A photo you take of your dog. A family home video. Any creative work anyone produces is automatically copyrighted, whether or not he/she registers the copyright officially. It is that person’s property. ©

3. Which of the following items are copyrighted? A map of Yellowstone on the National Park Service’s Web site. A map on Google maps. A map you draw of your neighborhood. Government-supplied information is normally in the public domain. ©

4. Which of the following items are copyrighted? Original musical scores written by Mozart. Peter Rabbit and friends books written by Beatrix Potter. Mickey Mouse materials. 75 years after the death of the author, the copyright expires on a work. It then moves to the public domain. Current performance of this work would still be copyrighted. ©

5. What About the Following? A video you create and publish on YouTube. When you publish your creative work on a social networking site, you place your work in the public domain.

6. What Is © Copyright? Copyright: A form of protection provided by U.S. law to authors of original works. –Gives author rights: Right to reproduce and distribute work. Right to display or perform work publicly. Right to prepare derivatives of original work. Recent alternatives to traditional copyright: –Creative Commons. –Copyleft.

7. What Is Copyrighted? Any creative work anyone produces (since 1978) is automatically copyrighted. You do not need a © or any other notation. To reserve the right to litigation, you can officially register your copyright with the U.S. Copyright Office (through the Library of Congress).

8. Can Anything Not Be Copyrighted? 1.Facts: You can retype facts from a copyrighted source. 2.Public domain: Government-provided information. Works for which copyright has expired.

9. Fair Use Guidelines Fair Use Guidelines are part of U.S. Copyright Act. –Allows teachers and students ability to use copyrighted materials for educational purposes. Don’t be fooled! Quantitative rules are not part of the law. The only true test of educational fair use is the U.S. court system. ©

10. Fair Use Guidelines 1.Purpose and character of work. Must be used for teaching/learning (not for recreation). 2.Nature of work. Creative work vs. listing of facts. 3.Amount of work used. Major factor! 4.Effect of use on marketplace. Major factor! Did use result in lower income for author?

11. What Can Teachers Do? You can… –make copies of copyrighted material… –show a legal copy of a DVD or video… …for instructional use only, as long as there is no significant loss of revenue to author.

12. What Can Teachers Do? Can I photocopy several chapters of a textbook that our school has not purchased? Can I purchase a PBS video and show it to my class as part of a lesson? Can I copy a work and change a few words? No! Yes! No!

13. What Can Teachers Do? Link to a video on YouTube or TeacherTube. Use resources from online databases (like Ebsco Host). Use Flickr and similar Web sites to find graphics with a Creative Commons License. For schools: –License digital video for entertainment through Movie Licensing USA. –License video from United Streaming or Safari Montage.

14. What about Music? Music is complex. Any or all of the following can be copyrighted: –Musical scores. –Words of a song. –Performances of music. Be careful! Many Web sites that tout “royalty-free” music are liars! Remember that anyone can publish a Web page on the Web. ©

15. What Can Teachers Do About Music? Download from royalty-free sites: –www.projectplaylist.com –Copyrightfriendly.wikispaces.com/Copyright- friendly+music+and+sound –www.pdinfo.com/record.htm –www.personal.kent.edu/~gmote/audtuts –www.squidoo.com/freesounds –www.pdosafeaudio.com –www.garageband.com/htdb –www.royaltyfreemusic.com/free-music-clips.html

16. Remember Use of duplicated copyrighted materials must be an integral part of class. Movies shown as a reward do not qualify as fair use. Duplicating entire copyrighted materials for students instead of purchasing them is wrong. Just citing a work is not the same as having permission to use the work.