EDN 303 Instructional Technology Copyright Unit Instructor - Jeff Ertzberger

Questions… What is copyright? What is copyright? Why do teachers need to be concerned about it? Why do teachers need to be concerned about it?

What is copyright? Surprisingly copyright was created to benefit society at large, not just to protect the authors of the material. Surprisingly copyright was created to benefit society at large, not just to protect the authors of the material. ©

Why Copyright Something? There are exclusive rights of copyright owners [i.e. to make copies, create derivative works, distribute the works, display, perform, etc.]. There are exclusive rights of copyright owners [i.e. to make copies, create derivative works, distribute the works, display, perform, etc.].

What is Fair Use? There is a special category under the law known as "fair use." The concept, which first formally appeared in the 1976 Copyright Act, allows certain groups to use intellectual property deemed to benefit society as a whole, e.g., in schools for instructional use. There is a special category under the law known as "fair use." The concept, which first formally appeared in the 1976 Copyright Act, allows certain groups to use intellectual property deemed to benefit society as a whole, e.g., in schools for instructional use. To determine if something falls under this category weighing and balancing tests are required to determine what is allowed and what is not. The four factors in these tests are… To determine if something falls under this category weighing and balancing tests are required to determine what is allowed and what is not. The four factors in these tests are…

Four Statutes of Fair Use 1) purpose of the use (for profit or non-profit) 2) the nature of the work (the nature of the copyrighted work: Is the copyrighted work published or unpublished? Published works are more likely to be considered fair use. Is the copyrighted work published or unpublished? Published works are more likely to be considered fair use. Is the original work out of print? Out of print works are more likely to be considered fair use. Is the original work out of print? Out of print works are more likely to be considered fair use. Is the copyrighted work factual or creative? Factual works are more likely to be considered fair use. Is the copyrighted work factual or creative? Factual works are more likely to be considered fair use. 3) the portion used (Not only the amount but the relative value of the portion. Is it the most important part, does having that part make the rest of the item relatively worthless.) 4) effect on the market.

What are Fair Use Guidelines? Due to the balancing test in the statute, a number of groups have developed fair use guidelines to help in evaluating what constitutes fair use. Due to the balancing test in the statute, a number of groups have developed fair use guidelines to help in evaluating what constitutes fair use. These are not actual laws, but widely accepted interpretations of what fair use of certain material would be. These are not actual laws, but widely accepted interpretations of what fair use of certain material would be. One of the most widely know is from the Conference on Fair Use. One of the most widely know is from the Conference on Fair Use. Conference on Fair Use Conference on Fair Use

Fair Use Guidelines Cont.. It should be noted that these guidelines are not law. By following these guidelines, the likelihood of prevailing in a copyright infringement case may be increased due to your good faith attempts to apply the weighing and balancing test. It should be noted that these guidelines are not law. By following these guidelines, the likelihood of prevailing in a copyright infringement case may be increased due to your good faith attempts to apply the weighing and balancing test. You should consult your local school administration for their current copyright guidelines. You should consult your local school administration for their current copyright guidelines.

Copyright Myths It doesn’t have a copyright notice, so I don’t need permission. It doesn’t have a copyright notice, so I don’t need permission. Wrong, it doesn’t have to. Wrong, it doesn’t have to. If I give credit, I don’t need permission. If I give credit, I don’t need permission. This protects you from plagiarism, not copyright infringement. This protects you from plagiarism, not copyright infringement. I am not charging for it, so I don’t need permission. I am not charging for it, so I don’t need permission. Profit is only one of the fair use analysis Profit is only one of the fair use analysis

Copyright Myths I am only using a small portion, so I don’t need permission. I am only using a small portion, so I don’t need permission. Again, amount is only one factor of fair use. Again, amount is only one factor of fair use. I am going to change and adapt the work, so I don’t need permission. I am going to change and adapt the work, so I don’t need permission. Derivative works are an express right of the copyright holder. Derivative works are an express right of the copyright holder.

Copyright Myths I found it posted anonymously on the Internet, so I don’t need permission. I found it posted anonymously on the Internet, so I don’t need permission. Copyright protects anonymous works published without notice. Copyright protects anonymous works published without notice. It is in the public domain, so I don’t need permission. It is in the public domain, so I don’t need permission. Public domain can be very, very hard to determine. Public domain can be very, very hard to determine.

Copyright Myths I can get permission later. I can get permission later. Nope, the copyright holder can refuse you a license. Nope, the copyright holder can refuse you a license. I am using it for nonprofit educational use, so I don’t need permission. I am using it for nonprofit educational use, so I don’t need permission. There is no “teacher” exception. Use of work is just one factor to consider under fair use. There is no “teacher” exception. Use of work is just one factor to consider under fair use.

Fair Use Side Figuring it out…. Find the media you would like to use with your lesson. Does it pass the four statutes of Fair Use? Follow Fair Use Guidelines to see if it is appropriate to use and how much of it should be used. I did they said Yes Find something else to use. Or move to Fair Use Side. Check your School District Copyright Policy Use It. - Are you now legally protected? In the strictest sense no, but you have certainly done the best you could. See The Good Faith Defense, Section 504 (c) (2). Can you write and get permission to use it? Use it and be happy. Yes I did they said No No Yes Find Something Else to Use.

Let’s take a little copyright quiz On a blank sheet of paper write true or false, or the short answer to each question. On a blank sheet of paper write true or false, or the short answer to each question.

Questions… You create a poem, or a piece of music one night. Do you immediately own the copyright to this or must you register it? You create a poem, or a piece of music one night. Do you immediately own the copyright to this or must you register it? Answer = Yes, you immediately own the copyright to it. You don’t even need to put the copyright symbol on it. Registering it only gives you certain rights, like being able to sue someone for copying, distributing it, or displaying it. If you make it, it is yours. Answer = Yes, you immediately own the copyright to it. You don’t even need to put the copyright symbol on it. Registering it only gives you certain rights, like being able to sue someone for copying, distributing it, or displaying it. If you make it, it is yours.

Questions… Question Question You want to show a video you got from blockbuster that ties in with your lesson is that Fair Use? You want to show a video you got from blockbuster that ties in with your lesson is that Fair Use? Answer = Yes, as long as the entire part of the movie you shows fits with your lesson. You cannot show a movie for reward or entertainment. Best if it is a factual movie, about real life events instead of strictly fictional, and you only use the portion that you need. Always write and ask for permission when possible. Answer = Yes, as long as the entire part of the movie you shows fits with your lesson. You cannot show a movie for reward or entertainment. Best if it is a factual movie, about real life events instead of strictly fictional, and you only use the portion that you need. Always write and ask for permission when possible.

Questions… Question Question You want to show a video you recorded off of NBC that ties in with your lesson on WW II. You want to show a video you recorded off of NBC that ties in with your lesson on WW II. Answer = You can show it for 10 days, then must purchase it. See NBC Copyright Guidelines. You can of course write and ask for permission. Answer = You can show it for 10 days, then must purchase it. See NBC Copyright Guidelines. You can of course write and ask for permission.

Questions… Question Question You want to show a video you recorded from the History channel that ties in with your lesson on WW II. You want to show a video you recorded from the History channel that ties in with your lesson on WW II. Answer = again 10 days, then must purchase. Cable channels can make any rules they wish, unlike broadcast channels which must give you 10 days. Also, try writing and asking for permission. Answer = again 10 days, then must purchase. Cable channels can make any rules they wish, unlike broadcast channels which must give you 10 days. Also, try writing and asking for permission. See History Channel Copyright Guidelines some programs are designated for teacher use and have long use time frames for teachers. See History Channel Copyright Guidelines some programs are designated for teacher use and have long use time frames for teachers.

Questions… Question Question Your library has a video on snakes you want to show in conjunction with a lesson you are teaching. Your library has a video on snakes you want to show in conjunction with a lesson you are teaching. Answer – As long as it applies to the lesson, and you only use what you need, your should be fine. Answer – As long as it applies to the lesson, and you only use what you need, your should be fine. School libraries often have videos that have a performance license included in their purchase. Talk to your librarian. School libraries often have videos that have a performance license included in their purchase. Talk to your librarian.

Questions… Question Question A teacher across the hall from you has an awesome worksheet on fractions. She doesn’t know where it came from.You make copies and give it to your students. Is this fair use? A teacher across the hall from you has an awesome worksheet on fractions. She doesn’t know where it came from.You make copies and give it to your students. Is this fair use? Answer – Probably not, unless you can find where it came from and they gave permission. Go to their print outs are free. Answer – Probably not, unless you can find where it came from and they gave permission. Go to their print outs are free.

Questions… Question Question You create a PowerPoint to use with your class that uses a few pictures and sounds from the web. You do not credit where you got the media from. Is this OK? You create a PowerPoint to use with your class that uses a few pictures and sounds from the web. You do not credit where you got the media from. Is this OK? Answer – No, the Fair Use Guidelines state that you must provide a reference for material used. It is always good to write and ask for permission to you. As long as you reference the owner you are able to create the presentation. You cannot distribute your PowerPoint without permission of the copyright holder. Answer – No, the Fair Use Guidelines state that you must provide a reference for material used. It is always good to write and ask for permission to you. As long as you reference the owner you are able to create the presentation. You cannot distribute your PowerPoint without permission of the copyright holder.

Questions… Question Question You download some music from the Internet and want to use it in your lesson on another culture. You download some music from the Internet and want to use it in your lesson on another culture. Answer – need more info. Fair Use Guidelines say you must have a legally obtained copy which means the music had to have no copyright or you had to purchase the music off the internet. Second, you should only use the part of the music that goes with your clip. Answer – need more info. Fair Use Guidelines say you must have a legally obtained copy which means the music had to have no copyright or you had to purchase the music off the internet. Second, you should only use the part of the music that goes with your clip. Playing a legal music download or CD in the background of your class is probably OK, as long as you do not distribute copies of the music. Playing a legal music download or CD in the background of your class is probably OK, as long as you do not distribute copies of the music.

Helpful Documents Below is a copyright checklist that will help you determine if something can be used under fair use: Below is a copyright checklist that will help you determine if something can be used under fair use: Below is a link to the most understandable, Fair Use Guidelines documentation. Below is a link to the most understandable, Fair Use Guidelines documentation. Fair Use Guidelines documentation Fair Use Guidelines documentation

What to do… In your presentations, place a statement at the front of the presentation that says: In your presentations, place a statement at the front of the presentation that says: This presentation created under fair use guidelines.

What to do… Then at the end of your presentation site where you got pictures, sounds, etc. Then at the end of your presentation site where you got pictures, sounds, etc. Example: Slide 1 – Image of Bear – by Dan Boomer, 1997, Use the free citation machine for how to cite objects you find. Use the free citation machine for how to cite objects you find.

Plagiarism All this talk about choosing media does bring up the topic of Plagiarism. New media has made it easier than ever to plagiarize a work. All this talk about choosing media does bring up the topic of Plagiarism. New media has made it easier than ever to plagiarize a work.

Plagiarism Nothing New – Just Easier Now with Technology Nothing New – Just Easier Now with Technology What can you as a teacher do? Talk with your students about Plagiarism. Show them you know that the sites are out there, and you know how to check for them. Talk with your students about Plagiarism. Show them you know that the sites are out there, and you know how to check for them. Design assignments that force creative thinking and higher order thinking skills. Such as compare and contrast. Design assignments that force creative thinking and higher order thinking skills. Such as compare and contrast. To learn more go to: To learn more go to:

References Information in this PowerPoint came from several locations. Copyright Basics – David L. Harrison, University of North Carolina Office of the President. Copyright Basics – David L. Harrison, University of North Carolina Office of the President. Recommend Sites to Visit: Recommend Sites to Visit: Eileen Goldgeier, General Counsel, Office of the Chancellor, UNC- Wilmington. Eileen Goldgeier, General Counsel, Office of the Chancellor, UNC- Wilmington. The Technology & Learning Magazine Oct edition. The Technology & Learning Magazine Oct edition.Technology & Learning Magazine Oct editionTechnology & Learning Magazine Oct edition Hall Davidson, Hall Davidson, This information is provided as news commentary, it is not in any way legal advice. This information is provided as news commentary, it is not in any way legal advice.