Copyright and Fair Use Website Permissions

What is Copyright? A copyright is a form of protection provided by the laws of the US to authors of “original works of authorship”. These works include literary, dramatic, musical, artistic, and certain other intellectual works. A work created on or after January 1, 1978, is protected for the author’s life plus an additional 70 years after the author’s death.

Interesting Facts about Copyright: To qualify for copyright protection, a work must be original and “fixed in a tangible medium of expression.” Copyright does not protect an author’s creative ideas. Only works in the “public domain” are available for use without permission from a copyright owner. public domainpublic domain To register a copyright for your work, fill out a brief application form with some basic information about the work(plus a small fee). register a copyright for your workregister a copyright for your work

What is Fair Use? Fair use is a legal doctrine that says you can reuse copyright-protected material under certain circumstances without getting permission from the copyright owner. This is not an infringement of copyright. Copyright and Fair Use Guidelines for Teachers-Chart. Chart University System of Georgia’s Fair Use Checklist. Fair Use ChecklistFair Use Checklist

Fair Use Factors to Consider: 1.The purpose and character of the use. 2. The nature of the copyrighted work. 3.The amount and substantiality of the portion used in relation to the copyrighted work as a whole. 4.The effect of the use upon the potential market for or value of the copyrighted work.

Website Permissions Based on a survey conducted by PBS Learning Media:  More than one-third of teachers use a table or e-reader in their classrooms – up 20% from last year.  Close to 74% of all teachers surveyed said they use digital resources in their classrooms.  44% use websites to deliver class information. This increasing trend is forcing us to become more aware of copyright issues relating to Website Permission.

Transferring information to and from a Website: If displaying copyrighted information, use links in hypertext form. Copying or Reproducing full articles of copyrighted information, without permission, is an infringement. Excerpts of printed materials are covered under “Fair Use”. If your site contains copyrighted work, then you should prominently display a copyright notice. Although disputes on the internet are rare, it could lead to a site being taken down, or the maintainer of the site being held liable.

Connecting to other Websites The two most common ways to connect to other sites are linking and framing. Linking is connecting to another site, using a coded word or image that, when clicked upon, will send the user to another page or site. You do not need permission to use a regular word to link to another website’s home page. Deep linking, linking that bypasses a website’s homepage, is also considered safe, and even welcome, in most cases. Some sites will state a policy that does not allow deep linking.

Connecting to other Websites Framing is like linking, but it does not take you to another site. It imports the information into a special frame in the same site. Framing is frowned upon in most cases without proper consent from the other site. Framing has been found to be a copyright infringement because it is an unauthorized modification of the linked site. It is typically safer to link to sites rather than use Framing.

5 ways to stay out of trouble when using websites: 1.Always assume it is protected.  Just because it is on the internet, does not mean it is in the public domain. 2.Read click-wrap agreements.  Check terms and conditions or Read Me files for copyright information. 3.Remove unauthorized material.  There is no copyright police, but if someone complains about unauthorized use on your site, remove the material while you investigate. 4.Investigate claims promptly.  If someone does complain, be proactive in determining the facts. 5.When in doubt, seek permission.

Fair Use Scenario # 1 A teacher posts class notes on a webpage available to the public. He also scans an article from a copyrighted journal and adds it to his web page. Is this allowed under Fair Use? No. Because the website is available to the public it is not exclusively used for educational purposes. If access to the page is restricted to students, then it is more likely to be Fair Use.

Fair Use Scenario # 2 An English teacher is giving a classroom presentation that uses the works of multiple authors. She uploads the presentation to her website for students to view outside of class. Is this procedure allowed under Fair Use? Yes. Because the presentation is used for instruction, it can be used on a website as long as access is restricted to students and/or password protected.

Fair Use Scenario # 3 Mr. Johnson creates a unit of instruction to be delivered through his website. The instruction includes copyrighted text, video, audio, and photographs relevant to the instruction. Can he do this, and be covered under Fair Use? Yes. As long as the access is restricted to students in the course and is not open to the public.

Conclusion : The Fair Use Principle allows copyrighted information to be used, without consent, for educational purposes. It is much safer to use Hypertext links to access copyrighted information on websites. It is much safer to use Hypertext links to access copyrighted information on websites. Restrict educational websites containing copyrighted information to students. If you are unsure about copyright, it is always safer to ask questions or seek permission. If you are unsure about copyright, it is always safer to ask questions or seek permission.

References: Copyright and Fair Use. Retrieved July 6, 2014, from content.php?pid=59733&sid= Larson, E. (2013, February 5). How Many Teachers Use Technology in the Classroom?. Mashable. Retrieved July 6, 2014, from teachers-technology-infographic/ Stanford Copyright and Fair Use Center. Retrieved July 3, 2014, from fairuse.stanford.edu/ U.S. Copyright Office. Retrieved July 3, 2014, from What is fair use?. YouTube. Retrieved July 6, 2014, from copyright/fair-use.html#yt-copyright-myths