~ Copyright ~ Steering through uncharted waters; otherwise known as going with the flow… April 20, 2010 Sharon C. Bender

Fogel (2006) A little bit of history… Printing press introduced in 1475~first time printed material could be mass produced Printing press introduced in 1475~first time printed material could be mass produced Rare to have an exact duplicate copy Rare to have an exact duplicate copy Identity of author questionable Identity of author questionable Authenticity of work was unsure Authenticity of work was unsure Allowed for grievances to be distributed Allowed for grievances to be distributed

Fogel (2006) Result~ Guilds were set 1554 Guilds were set 1554 Granted exclusive rights to printing press Granted exclusive rights to printing press Allowed to burn books Allowed to burn books Seek and destroy presses of non-members Seek and destroy presses of non-members Work was run by censors before printing Work was run by censors before printing Government had control of printed material Government had control of printed material

Fogel (2006); Cohen & Rosenzweig (2005) Changes~ Around 1689 power in Parliament changed Around 1689 power in Parliament changed Interest in censorship and control lost Interest in censorship and control lost Natural right of ownership by author Natural right of ownership by author Natural right transferable Natural right transferable Guilds shared profits with authors Guilds shared profits with authors 1710~ Copyright begins with term of 14 years 1710~ Copyright begins with term of 14 years Renewable for 14 additional years if author was living Renewable for 14 additional years if author was living

Cohen & Rosenzweig (2005) The New Nation 1783 ~ first copyright law passed by state of Connecticut 1783 ~ first copyright law passed by state of Connecticut Same terms of 1710 British law Same terms of 1710 British law Article 1, Section 8 of the U.S. Constitution gives Congress right to give “authors and inventors the exclusive right to their respective writings and discoveries” Article 1, Section 8 of the U.S. Constitution gives Congress right to give “authors and inventors the exclusive right to their respective writings and discoveries” Purpose of promoting “the progress of science and the useful arts” Purpose of promoting “the progress of science and the useful arts”

Cohen & Rosenzweig (2005) Copyright Law at work 1790 – copyright term limited to two 14 year terms 1790 – copyright term limited to two 14 year terms Deposit of copies required Deposit of copies required Amendment of 1802 extends law to printed illustrations Amendment of 1802 extends law to printed illustrations 1831 – law doubles term to two of 28 years – potential of 42 years 1831 – law doubles term to two of 28 years – potential of 42 years Clause allows widows and children of authors to file for extension of term Clause allows widows and children of authors to file for extension of term

Cohen & Rosenzweig (2005) Copyright goes to court 1841 Folsom vs. Marsh helps establish “Fair Use” 1841 Folsom vs. Marsh helps establish “Fair Use” –Limiting borrowing of others’ work is acceptable in creation of new and useful work 1870 authors granted rights over translations and dramatic adaptations to protect “ideas” 1870 authors granted rights over translations and dramatic adaptations to protect “ideas” 1891 International Copyright Treaty – protection from pirating of works 1891 International Copyright Treaty – protection from pirating of works 1906 renewal period doubled from 14 to 28 years; extends to all works of authorship 1906 renewal period doubled from 14 to 28 years; extends to all works of authorship

Cohen & Rosenzweig (2005) Current Issues 1976 Copyright law extends protection to life of the author plus 50 years 1976 Copyright law extends protection to life of the author plus 50 years Extended the length of earlier copyrights additional 19 years Extended the length of earlier copyrights additional 19 years Fair Use doctrine enumerated Fair Use doctrine enumerated 1998 Sonny Bono Copyright Term Extension Act (CETA) additional 20 years protection to work published before Sonny Bono Copyright Term Extension Act (CETA) additional 20 years protection to work published before 1978 Life of author plus 70 years established (max. 120) Life of author plus 70 years established (max. 120) Digital Millennium Copyright Act (DMCA) bans tampering with copyright and encryption on DVDs, CDs and software Digital Millennium Copyright Act (DMCA) bans tampering with copyright and encryption on DVDs, CDs and software

The TEACH Act 2002 – signed by President Bush – Technology, Education and Copyright Harmonization (TEACH) Act 2002 – signed by President Bush – Technology, Education and Copyright Harmonization (TEACH) Act Specifically addresses on-line learning environment Specifically addresses on-line learning environment

Cohen & Rosenzweig (2005) The Latest Scoop Justice Ruth Bader Ginsburg writes that the vagueness of the original law now works against the intent of the law to encourage creativity Justice Ruth Bader Ginsburg writes that the vagueness of the original law now works against the intent of the law to encourage creativity Copyright law is not fixed, but continues to shift to reflect interpretations that do not inhibit the sharing of ideas, expressions, and manipulations of original work Copyright law is not fixed, but continues to shift to reflect interpretations that do not inhibit the sharing of ideas, expressions, and manipulations of original work

What does this mean for us? (Why should I care?) Implications for teachers Implications for teachers –Copyright law protects against infringing uses Educators are not reselling work, redirecting monetary gains or affecting distribution of materials Educators are not reselling work, redirecting monetary gains or affecting distribution of materials –Fair use – defined as reproduction by a teacher or students of a small part of a work to illustrate a lesson –Unofficial guidelines specify the number of lines of text, measures of music and minutes of video that may be used by educators and considered fair use – some feel this list is misleading

Heins (2006) Intellectual Property Law Includes the laws of copyright and trademark Includes the laws of copyright and trademark Fair use is essential part Fair use is essential part –Allows anyone to copy part, sometimes all of a work without permission for several purposes Commentary Commentary Criticism Criticism New reporting New reporting Education Education

Factors in determining Fair Use Purpose and character of the use Purpose and character of the use Nature of the work used Nature of the work used Amount and importance of what was copied Amount and importance of what was copied Economic effect on the market for work Economic effect on the market for work Big Questions: Was work transformed by using it for a different purpose? Was the amount of material and appropriateness of use aligned to the nature of original work?

Creative Commons Innovative solution to copyright law Innovative solution to copyright law Works alongside copyright to allow flexibility in copyright permissions without direct contact with the author. Works alongside copyright to allow flexibility in copyright permissions without direct contact with the author. The effect of such flexibility on current copyright law and licensing options allowing legal sharing of intellectual property. The effect of such flexibility on current copyright law and licensing options allowing legal sharing of intellectual property.

Open Content Wikipedia – open content encyclopedia allowing editing and updating; freely available to anyone with Internet access Wikipedia – open content encyclopedia allowing editing and updating; freely available to anyone with Internet access MIT OpenCourseWare – content from courses freely shared through a Creative Commons license but disallowing commercial use or sale. MIT OpenCourseWare – content from courses freely shared through a Creative Commons license but disallowing commercial use or sale. Flexbook projects Flexbook projects –Virginia Physics Flexbook –California Free Digital Textbooks –Florida Board of Education’s approval of web-based reading program