Copyright©2013 By Daniel Forrester

What is Copyright Copyright is the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. A copyright notice should contain all three of the following: The symbol ©, the word “Copyright” or the abbreviation “Copr.” The year when the work was first created. The name of the owner of the the copyright Example: Copyright 2005 John Doe http://www.copyright.com/Services/copyrightoncampus/basics/law.html

What is Protected? http://www.copyright.com/Services/copyrightoncampus/basics/law_protected.html

How long is it protected? 1 The term of joint works is measured by the life of the longest living author. 2 Works for hire, anonymous and pseudonymous works also have this term. 3 Under the 1909 Copyright Act, works published with notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89 retained copyright protection only if an effort to correct the accidental omission of notiice was made within 5years, such as placing notice on unsold copies. Chart Courtesy of Laura Gasaway, Director of Law Library and professor of law at University of North Carolina http://www.copyright.com/Services/copyrightoncampus/basics/law_public.html

Why Register a Copyright How to register Copyright Why Register a Copyright You must register copyright with the U.S. Copyright Office before you are permitted to bring a lawsuit to enforce the copyright. There are two ways: File online (using the Copyright Office’s electronic eCO system) File a traditional printed copyright form(Forms PA, TX, VA, SR, etc.), each of which is specific to the type of work. For example, Form TX is only for text works. http://fairuse.stanford.edu/overview/faqs/registration-and-enforcement/

Fair Use- What is Fair Use? Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder or its agents. These include instances of minimal use that do not interfere with the copyright holder's exclusive rights to reproduce and reuse the work. Fair Use- What is Fair Use? Fair use is not an exception to copyright law, but rather more like a “legal defense.” http://www.copyright.com/Services/copyrightoncampus/basics/fairuse.html

4 Factors to Determine Fair Use The purpose and character of the use, including whether it is for commercial use or for nonprofit educational purposes. The nature of the copyrighted work. (Was the purpose of the material meant to be consumed.) The amount and substantiality of the portion used in relation to the copyright-protected work as a whole. The effect of the use on the potential market for or value of the copyright protected work. http://www.copyright.com/Services/copyrightoncampus/basics/fairuse_rules.html

International Copyright Acts Berne Convention General Agreement on Tariffs and Trade These treaties allow for authors to enforce their copyrights in all member countries, which consists of almost all industrialized nations. http://fairuse.stanford.edu/overview/faqs/copyright-protection/

Five Ways to Stay out of Trouble Assume It’s Protected Read Click-Wrap Agreements Remove Unauthorized Material Investigate Claims Promptly When in Doubt, Seek Permission The Web is freely accessible and because of the ease of copying material from one site to another, many myths have developed regarding the right to use copyrighted materials and trademarks on the web. http://fairuse.stanford.edu/overview/website-permissions/websites/

What Educators Need to Know Educational Fair Use: Noncommercial instruction or curriculum-based teaching by educators to students at non profit educational institutions Planned noncommercial study or investigation directed toward making a contribution to a field of knowledge Presentation of research findings at noncommercial peer conferences, workshops, or seminars http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/#what_is_an_educational_use

Scenario 1 A group of students create a documentary about John Lennon’s role as an anti-war activist, weaving old news clips from footage about the Vietnam War and clips from various Lennon songs to show how his lyrics reflected his beliefs about the war. http://copyrightconfusion.wikispaces.com/Scenarios

Copyright Infringement or Not? Scenario 1 The scenario is not copyright infringement because the students were using the clips and song lyrics for educational purposes, to contribute to the knowledge of anti war protests during the Vietnam War. Also, the clips and lyrics were published and presented with the intent to be consumed by the public. Lastly, the student documentary was not sold or distributed for profit.

Scenario 2 A teacher uses a copyrighted image, found on Flickr, adds the title of the school play, and uses it on a T-shirt to promote and raise funds for the schools upcoming dramatic production http://copyrightconfusion.wikispaces.com/Scenarios

Copyright Infringement or Not? Scenario 2 This is an example of copyright infringement because the school is using a copyrighted image to make a profit. If the teacher was using the image in a way not to make money then it would fall under fair use Or if the teacher asked for consent from the originator to use reproduce the image for the t-shirts.

Scenario 3 A high school social studies teacher downloads a YouTube video that illustrates a key point about the U.S. Constitution's relevance to a current news event and makes DVD copies to share with students who don’t have Internet access. http://copyrightconfusion.wikispaces.com/Scenarios

Copyright Infringement or Not? Scenario 3 According to the code of best practices this would not be. Under the code, Educators are allowed to Make copies of newspaper, articles, TV programs, and use and keep them for educational use; Create curriculum materials and scholarship with copyrighted materials embedded in them; Share, sell, and distribute curriculum materials with copyrighted materials embedded in them.

Act in Good Faith “The good-faith defense is intended to protect educators who are doing their job well – and it’s another reason why educators shouldn’t be afraid to use their fair use rights” (Hobbs, 2010, p. 59). -Hokanson & Hobbs, 2009, http://copyrightconfusion.wikispaces.com/file/view/Tool+for+reasoning+Fair+Use.pdf

Useful Links https://www.softchalkcloud.com/lesson/files/hlqoNDES9J diTr/Copyright&FairUsebyTechnologyandLearning.pdf http://copyright.cornell.edu/resources/docs/Copyright_De cision_Tree.pdf http://fairuse.stanford.edu/overview/ http://www.copyright.com/Services/copyrightoncampus/in tro/index.html All images were found using Google image search.