EDT 3470 Education Technology Copyright and Fair Use

Your contact in the library: Brad Dennis, Assistant Professor, Education Librarian Education Library, 3300 Sangren Hall Reference Desk: Voice Mail:

Copyright Definition: Copyright law protects "original works of authorship fixed in a tangible medium of expression" for a limited period. Copyright applies both to traditional media (books, records, etc.) and to digital media (electronic journals, Web sites, etc.). Definition: Copyright law protects "original works of authorship fixed in a tangible medium of expression" for a limited period. Copyright applies both to traditional media (books, records, etc.) and to digital media (electronic journals, Web sites, etc.). The Copyright Law of the United States is contained in Title 17 of the United States Code (17 U.S.C.). The Copyright Law of the United States is contained in Title 17 of the United States Code (17 U.S.C.).Title 17 of the United States CodeTitle 17 of the United States Code

Copyright protects the following eight categories of works 1. literary works 2. musical works 3. dramatic works 4. pantomimes and choreographic works 5. pictorial, graphic, and sculptural works 6. motion pictures and other audiovisual works 7. sound recordings 8. architectural works

The copyright holder has exclusive rights over his or her work Reproduction right Reproduction right Distribution right Distribution right Right to create adaptations (called derivative works) Right to create adaptations (called derivative works) Performance and display rights Performance and display rights

What is protected? Essentially everything published since 1923 and everything created (even if not published) since This includes everything on the Web, as well as in print. Essentially everything published since 1923 and everything created (even if not published) since This includes everything on the Web, as well as in print.

Public Domain Definition: A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. Definition: A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. The reasons that the work is not protected include: (1) the term of copyright for the work has expired (1) the term of copyright for the work has expired (2) the author failed to satisfy statutory formalities to protect the copyright or (3) it is a work of the U.S. Government.

Fair Use Guidelines Definition: Guidelines developed by a group of educational users and copyright owners that interpreted the Copyright Act. These guidelines are meant to assist educators in their teaching activities. The legal concept of “fair use” is complex, but does allow you to take small portions of a work, with proper citation, for a scholarly or educational project. The legal concept of “fair use” is complex, but does allow you to take small portions of a work, with proper citation, for a scholarly or educational project.

United States Code: Fair Use Fair use provisions of the US Copyright Law (Title 17, section 107) allow for limited distribution of published works without the author's permission. Fair use provisions of the US Copyright Law (Title 17, section 107) allow for limited distribution of published works without the author's permission.Title 17, section 107Title 17, section 107 The following four factors are used to determine if a use is fair: 1. The purpose and character of the use 2. The nature of the copyrighted work 3. The amount and substantiality of the material used 4. The effect of use on the potential market for or value of the work

So it would seem that it’s “fair use” if… The copying is for educational use The copying is for educational use The original material is mainly facts and lacks originality The original material is mainly facts and lacks originality You use portions to make your point, not whole sections You use portions to make your point, not whole sections You’re not taking potential sales away from the original You’re not taking potential sales away from the original

Students may: Incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course Incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course Perform and display their own projects in the course for which they were created Perform and display their own projects in the course for which they were created Retain projects in their own portfolios as examples of their academic work for later personal uses such as job and school interviews. Retain projects in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.

Circular 21 of the U.S. Copyright Office

Printed Material Text Material Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text. Text Material Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text. An excerpt from a children’s book, not exceeding two pages or 10% of the work, whichever is less. An excerpt from a children’s book, not exceeding two pages or 10% of the work, whichever is less. One chart, picture, diagram or cartoon per book or per periodical issue. One chart, picture, diagram or cartoon per book or per periodical issue.

Poetry An entire poem of less than 250 words, but no more than three poems by one poet, or five poems by different poets from any single anthology. An entire poem of less than 250 words, but no more than three poems by one poet, or five poems by different poets from any single anthology. In poems of greater length: up to 250 words, but no more than three excerpts by a single poet, or five excerpts by different poets from a single anthology. In poems of greater length: up to 250 words, but no more than three excerpts by a single poet, or five excerpts by different poets from a single anthology.

Illustrations and Photographs: A photograph or illustration may be used in its entirety. A photograph or illustration may be used in its entirety. No more than 5 images by an artist or photographer. No more than 5 images by an artist or photographer. Not more than 10% or 15 images, whichever is less, from a single published collected work. Not more than 10% or 15 images, whichever is less, from a single published collected work.

Music, Lyrics, and Music Video Motion Media Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work. Motion Media Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work. Up to 10% of a single musical work Up to 10% of a single musical work No more than 30 seconds of music and lyrics from a single musical work No more than 30 seconds of music and lyrics from a single musical work

Attribution & Acknowledgement Credit the sources and display the copyright notice © and copyright ownership information for all incorporated works including those prepared under fair use. Credit the sources and display the copyright notice © and copyright ownership information for all incorporated works including those prepared under fair use. Copyright ownership information includes: © (the copyright notice) © (the copyright notice) year of first publication year of first publication name of the copyright holder name of the copyright holder Example: © 2004 Company/Person’s Name Example: © 2004 Company/Person’s Name

What if I want to use a protected item? Ask the rights owner for permission. If the owner says no, it means no. If you can't reach the owner, treat it as no. Ask the rights owner for permission. If the owner says no, it means no. If you can't reach the owner, treat it as no.

Getting Permission If permission is obtained to use a work, then the agreed- upon use is acceptable. There are several avenues for getting permission to use copyrighted works. Following are links to two options: If permission is obtained to use a work, then the agreed- upon use is acceptable. There are several avenues for getting permission to use copyrighted works. Following are links to two options: Copyright Clearance Center Copyright Clearance Center United States Copyright Office (For records from 1978-present) United States Copyright Office (For records from 1978-present) Circular 22, "How to Investigate the Copyright Status of a Work," from the United States Copyright Office offers guidance for obtaining permission. Circular 22, "How to Investigate the Copyright Status of a Work," from the United States Copyright Office offers guidance for obtaining permission. Circular 22, "How to Investigate the Copyright Status of a Work," Circular 22, "How to Investigate the Copyright Status of a Work,"

More Information Copyright and Fair Use Guidelines for Teachers. Chart by Hall Davidson Copyright and Fair Use Guidelines for Teachers. Chart by Hall Davidson Copyright and Fair Use Guidelines for Teachers. Copyright and Fair Use Guidelines for Teachers. Classroom Copyright Chart. Nearly identical chart to the one handed out in class. Includes a column “according to” which indicates the law that governs each section. Classroom Copyright Chart. Nearly identical chart to the one handed out in class. Includes a column “according to” which indicates the law that governs each section. Classroom Copyright Chart Classroom Copyright Chart 10 Big Myths about Copyright Explained. Brad Templeton 10 Big Myths about Copyright Explained. Brad Templeton 10 Big Myths about Copyright Explained 10 Big Myths about Copyright Explained When U.S. Works Pass Into The Public Domain. Chart by Lolly Gasaway When U.S. Works Pass Into The Public Domain. Chart by Lolly Gasaway When U.S. Works Pass Into The Public Domain. When U.S. Works Pass Into The Public Domain. Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 U.S. Copyright Office Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 U.S. Copyright Office Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 Reproduction of Copyrighted Works by Educators and Librarians, Circular 21. U.S. Copyright Office Reproduction of Copyrighted Works by Educators and Librarians, Circular 21. U.S. Copyright Office Reproduction of Copyrighted Works by Educators and Librarians, Circular 21. Reproduction of Copyrighted Works by Educators and Librarians, Circular 21. Copyright and the University Community. Georgia Harper, Office of General Counsel University of Texas System Copyright and the University Community. Georgia Harper, Office of General Counsel University of Texas System Copyright and the University Community. Copyright and the University Community. Copyright Resources Online Ann Okerson, Associate University Librarian, Yale University. An annotated list of university resources and non-university intellectual property resources. Copyright Resources Online Ann Okerson, Associate University Librarian, Yale University. An annotated list of university resources and non-university intellectual property resources. Copyright Resources Online Copyright Resources Online

Where can I find images Select Libraries and Collections Scroll down the menu and select Visual Resources Library

Visual Resources Library Page

Other Great Image Sources Searching the Internet for Images An extensive guide to finding images on the Internet with many links to both free and subscription sites, as well as sites where you can pay per image. Searching the Internet for Images An extensive guide to finding images on the Internet with many links to both free and subscription sites, as well as sites where you can pay per image. Searching the Internet for Images Searching the Internet for Images Public Domain / Copyright Free Media Public Domain / Copyright Free Media Public Domain / Copyright Free Media Public Domain / Copyright Free Media This page provides links to some of the better copyright- free and public domain resources. It is intended for educators and librarians who wish to locate quality, copyright-friendly materials for educational, noncommercial, and nonprofit projects.

Image Search Engine Page From Rush University AlltheWeb Picture Search AlltheWeb Picture Search Simple and advanced search options. It supports Boolean and phrases. Can limit a search by file format, image type and background. Offers filter for adult material. Supports search within results (next to the search box on the bottom of the screen) Altavista Image Search Altavista Image Search Offers an advanced search option which supports Boolean and phrases. Basic limitation by format, color, sources and image size available. Can filter out adult material. Offers an advanced search option which supports Boolean and phrases. Basic limitation by format, color, sources and image size available. Can filter out adult material. Ditto Ditto Offers only a simple search option. No filtering for adult materials. Google Image Search Google Image Search Offers simple and advanced search options. Supports Boolean and phrase searching. Can limit by size, file type, color or Web domain, and filter for adult material in different levels of strictness. Can search within results. Lycos Multimedia Search Lycos Multimedia Search Simple search option only, but does respond to Boolean and phrase. Can filter out adult material. Picsearch Picsearch It automatically excludes adult materials. Can limit by color and picture size. It supports Boolean and phrase search.

Multimedia and Audio/Video Sources Mediasources Wiki Mediasources Wiki Mediasources Wiki Mediasources Wiki Sources of "free" media (images, audio, video, text) that can be used by educators for websites, classroom presentations, etc without a lot of hassle or worry from being pursued by a pack of drooling copyright lawyers. Audio/Video Search Engine – Singing Fish Audio/Video Search Engine – Singing Fish Audio/Video Search Engine – Singing Fish Audio/Video Search Engine – Singing Fish Simple search engine with capability to search by format (mp3, QuickTime, Real, Flash etc); categories (TV, movies, radio etc); audio or video or both; and duration.

Audio Sources Free Sound Sources on the Web Free Sound Sources on the Web Free Sound Sources on the Web Free Sound Sources on the Web Great sources for free music, audio files and sound effects collected by the Meriam Library of the California State University, Chico. Freeplay Music Freeplay Music Freeplay Music Freeplay Music Free music that can be downloaded. Absolute Sound Effects Archive Absolute Sound Effects Archive Absolute Sound Effects Archive Absolute Sound Effects Archive The largest collection of sound effects on the Internet (according to them) including nearly 2,000 sound effects

Video Sources The purpose of the Open Video Project is to collect and make available a repository of digitized video content for the digital video, multimedia retrieval, digital library, and other research communities YouTube is a place for people to engage in new ways with video by sharing, commenting on, and viewing videos. YouTube originally started as a personal video sharing service, and has grown into an entertainment destination with people watching more than 70 million videos on the site daily Much like YouTube, it is a place where people share videos with one another.

Now how can I cite sites on my site? Citation Guidelines by ProQuest Citation Guidelines by ProQuest Citation Guidelines by ProQuest Citation Guidelines by ProQuest Easy to follow Citation Guidelines by ProQuest in APA, MLA and Chicago Style (Turabian) including multimedia! Citing a “work of art” from an image database, for a bibliography in APA style. (A simplified adaptation). Citing a “work of art” from an image database, for a bibliography in APA style. (A simplified adaptation). Artist (last name, first name), artist’s role (in parentheses i.e. Artist, Architect). Date of work (in parentheses). Title (italicized), the work type in brackets [Painting, Cathedral, Chair], country or origin or city, and state, and repository. Example: Hopper, Edward (Artist). (1943). Hotel Lobby [Image of painting]. Indianapolis, Indiana; The Indianapolis Museum of Art. Retrieved August 23, 2006, from