EDT 347 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.

What are the exceptions? US Federal government documents US Federal government documents Pre-1964 items whose copyright was not renewed Pre-1964 items whose copyright was not renewed Pre-1978 materials published without notice of copyright. Pre-1978 materials published without notice of copyright. Most materials you find on the Web have copyright protection. They need not have a notice of copyright in the text, and they need not be registered with the Copyright Office. Most materials you find on the Web have copyright protection. They need not have a notice of copyright in the text, and they need not be registered with the Copyright Office.

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 perfect the copyright or (3) the work 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,"

Acceptable Use Policies Definition: Policies that limit use of computer resources managed by a school or Internet service. Usually tells the user what is: a correct use a correct use what is incorrect use what is incorrect use what the consequences are for incorrect use of those resources what the consequences are for incorrect use of those resources WMU's Computing Rules and Policies WMU's Computing Rules and Policies WMU's Computing Rules and Policies WMU's Computing Rules and Policies

More Information 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 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. 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. "Fair Use of Copyrighted Works". CETUS "Fair Use of Copyrighted Works". CETUS "Fair Use of Copyrighted Works" "Fair Use of Copyrighted Works" "Copyright and Distance Education". Kenneth Crews "Copyright and Distance Education". Kenneth Crews "Copyright and Distance Education" "Copyright and Distance Education" Copyright Issues: Multimedia and Internet Resources Using & Creating. Georgia Harper, Office of General Counsel University of Texas System Copyright Issues: Multimedia and Internet Resources Using & Creating. Georgia Harper, Office of General Counsel University of Texas System Copyright Issues: Multimedia and Internet Resources Using & Creating. Copyright Issues: Multimedia and Internet Resources Using & Creating.