Copyright & Fair Use in the Digital Age MSDE Webinar – January 14, 2015 Instructional Technology and School Library Media Program, Division of Curriculum, Assessment & Accountability

Copyright and Fair Use in the Digital Age Today’s objectives: Define what copyright is and is not? Describe what can be protected and what rights copyright holders have over their own intellectual property. Define the doctrine of “fair use” and how it is applied. Examine and discuss an example of “fair use.” Examine additional examples and discuss whether they fit the definition of “transformative.” Examine and discuss the Creative Commons movement and how that is transforming how authors/producers share their work with the world.

What is Copyright?

"to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.“ - United States Constitution, Article I Section 8

What do these folks have in Common?

How long does Copyright last? Copyright originally lasted 14 years, plus an additional 14 if the Copyright registration was renewed - for a total of 28 years. Now Copyright lasts 70 years after death of an individual copyright holder. Corporations have managed to get Copyright extended to 120 years from the year initial copyright issued. Public Domain

Copyrightable “works of authorship” include: Literary works Musical works (including words) Drama (including music) Pantomime Choreographic works Pictorial and graphical works Sculptural works Motion pictures and other audiovisuals Sound recordings Architectural works

Copyright Act of 1976 grants five rights to a copyright owner: 1.The right to reproduce the copyrighted work 2.The right to prepare derivative works based upon the work 3.The right to distribute copies of the work to the public 4.The right to perform the copyrighted work publicly 5.The right to display the copyrighted work publicly. The Copyright Act also includes Section

The Doctrine of Fair Use Section 107 – Copyright Act of 1976 Criticism Comments News Reporting Teaching Research (including multiple copies for classroom use)

Determining Fair Use Nature of MaterialNature of Material Factional or fictional, degree of creativity? PurposePurpose Commercial vs. Non- profit education, transformative? PortionPortion How much in relation to the whole? EffectEffect Effect of use upon potential market value?

“The Fifth Factor: Transformative Use” “When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.” -Joyce Valenza, School Library Journal transformativeness-it-may-shake-your-world/

“The Fifth Factor: Transformative Use” “A derivative work is transformative if it uses a source work in completely new or unexpected ways. Importantly, a work may be transformative, and thus a fair use, even when all four of the statutory factors would traditionally weigh against fair.” - University of Minnesota Parody New Technologies Other Uses

Transformative or Not? AP Photo/Manny Garcia/ Shepard Fairey

Transformative or Not? Web Poster Exhibition - Shepard Fairey posters for Barack Obama -

Guidelines for Fair Use This … versus this …

Determining Fair Use Try these: A group of students create a documentary about John Lennon's role as an anti-war activist, weaving old news clips from footage about the Vietnam War and clips from various Lennon songs to show how his lyrics reflected his beliefs about the war. A team of elementary educators shows the Disney movie The Little Mermaid to three classes of Grade 3 students on the day before winter break in the school auditorium. An educator uses a still image from the TV show Aliens in America in a slide presentation for a conference. His purpose is to illustrate a point about Pakistani immigration policy in the United States. He posts the slides online. Source:

Creative Commons Movement Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools. Features free, easy-to-use copyright licenses that provide a simple, standardized way to give the public permission to share and use your creative work — on conditions of your choice. CC licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved.”copyright licensessome rights reserved Creative Commons licenses are not an alternative to copyright. They work alongside copyright and enable you to modify your copyright terms to best suit your needs.They work alongside copyright Wanna Work Together?

Creative Commons Licenses

Creative Commons Search

Google makes it easy to find usage rights

Fair Use Poster Available online at: s.com/Fair+Use+Posters+for+You s.com/Fair+Use+Posters+for+You

Today’s Presentation Available on the IT&SLM Wikispace at:

Questions? Jay Bansbach, Program Specialist – School Libraries, MSDE Jay Bansbach, Program Specialist – School Libraries, MSDE