Copyright

Just because it is technologically possible does not mean it is legal or ethical!

All works created on or after January 1, 1978, unless noted otherwise, are protected by copyright.

Key Points Any expression of any idea in permanently recorded format is copyrighted. Material no longer has to be registered with the Copyright Office to be copyrighted. The copyright symbol © is no longer required for copyright protection. Students’ work is copyrighted; since students are minors, parents or guardians must give permission for public use/display of students’ work.

Six Rights Reserved Exclusively for the Copyright Holder, Section 106 Reproduction Adaptation, or creation of derivative works Distribution Public performance Public display Digital audio transmission of sound recordings

Concept of Public Domain Creator holds copyright—can sign it over to someone else (publisher,etc.) Items may be marked as public domain (some computer software, computer graphics) or may fall into public domain when copyright expires. Public domain works may be copied, scanned, adapted, distributed, displayed, or performed as one wishes.

Concept of Educational Fair Use Section 107 of copyright law allows for “fair use exemptions” for reproduction of copyrighted items for purposes such as criticisms, comment, news reporting, teaching, scholarship or research Four factors determine whether use is FAIR USE….

Purpose and character of use (Commercial? Nonprofit educational?) Nature of the work (Is it factual or is it creative?) Amount and substantiality of the portion used in relation to the copyrighted work as a whole Effect of use upon potential market for or value of copyrighted work All four factors/tests are considered!

Fair Use Guidelines for Educational Multimedia Creating a multimedia presentation may involve a variety of works…with a variety of copyright holders! Multimedia was invented after the latest revision of the copyright law! CONFU (Conference on Fair Use)

CONFU (Conference on Fair Use) Set of clear-cut guidelines for educational use of multimedia Developed by group of media producers, publishers, and media consumers and approved late in 1996 An “agreement” for the limits of acceptable use between those who own copyrights and those who wish to use the materials

To create a multimedia presentation, you must put material in digital format. You may own a CD recording, but you don’t own the rights to convert the material to another format. You may own a book, but you don’t own the rights to scan all the illustrations into a PowerPoint presentation.

Concrete limits on type and amount of material included in works created by teachers and students! Must follow four tests of fair use All materials used in derivative works must be properly cited as being taken from the works of others Multimedia works made from copyrighted materials may be used only in support of education of students in nonprofit educational institutions!

Retention and Access of Multimedia Presentations Students: May create presentation for class May retain in portfolios for college applications, job interviews, etc. May keep multimedia presentation indefinitely Student work posted on network for others to view: Network must be secure (login, etc.) Work cannot be copied (If copyable, can only be loaded for 15 days.)

Quantity Limits Motion media (film, video, television): Up to 10 percent or three minutes, whichever is less, of an individual program. Text (prose, poetry, drama): Up to 10 percent or 1000 words, whichever is less, of a novel, story, play, or long poem. Short poems less than 250 words may be used in their entirety. Only three poems by one poet or five poems by different poets from an anthology may be used. For poems longer than 250 words, only three excerpts from one poet or five from works by different poets in an anthology are permitted.

Quantity Limits, continued Music, lyrics, and music video: Up to 10 percent but not more than 30 seconds from a single work (or combined from separate extracts of a work). If the music is altered in any way, dominant melody must be maintained and basic character of work preserved.

Quantity Limits, continued Illustrations, cartoons, and photographs: May use up to five images from a single artist or photographer. If images are taken from single collective work, no more than 10 percent or 15 images may be used. Numerical data sets (computer databases or spreadsheets): Up to 10 percent or 2,500 fields or cells, whichever is less.

Other Restrictions (Important!) Opening screen and any accompanying print materials must contain notice that work contains copyrighted materials under the fair use exemption of the U.S. Copyright Law. Last screen (s) should give credits/citations.

Copyright and the Internet! Just because a person posts material to the Internet, it is NOT free for all to use! Material posted on the Internet IS copyrighted. Copyright holder is permitting you to VIEW the item. Material posted on the Internet IS protected for all six rights of copyright holder: reproduction, adaptation, distribution, public performance, public display, and digital audio transmission!

Crews, Kenneth. Copyright Essentials for Librarians and Educators Crews, Kenneth. Copyright Essentials for Librarians and Educators. Chicago: ALA, 2000. Simpson, Carol. Copyright for Schools: A Practical Guide. 4th ed. Worthington, OH: Linworth, 2005.