L I Z G R A Y N O V E M B E R 2 0 1 3

© COPY IT RIGHT ©GUIDELINES FOR 21ST C TEACHERS

© MYTHS & MISCONCEPTIONS

• Copyright law exists to ensure that authors and other creators are compensated monetarily for the works they create.

• Rights holders sue libraries, teachers and schools all the time.

• Original creative expressions protected by copyright law are the property of their creators or rights holders.

• There are a set of legal rules that give definitive answers to copyright questions.

• Fair use is too difficult to understand and apply.

WHAT IS PROTECTED BY ©?

An original work that exhibits a degree of creativity and that is fixed in a tangible medium (including cyberspace):

• Literary works

• Musical works, including any accompanying words

• Dramatic works, including any accompanying music

• Pantomimes and choreographic works

• Pictorial, graphic and sculptural works

• Motion pictures and other audiovisual works

• Sound recordings

• Architectural works

WHAT IS NOT PROTECTED BY ©?

• Facts (though the original selection & arrangement of a collection of facts is, e.g., a textbook)

• Ideas

• Federal government documents and some state documents

• Standard arrangements (e.g., a calendar)

• Processes and procedures

• Book titles

• Verse forms (e.g., haiku, sonnet)

• Functional items of design (protected by patents)

• Logos & brand names (protected by trademarks)

THE 6 RIGHTS OF ©

• The right to copy

• The right to prepare derivative works

• The right to distribute copies

• The right to perform works publicly

• The right to display works publicly

• The right of public performance of sound recordings

by means of digital audio transmission

© PROTECTION PERIODS

If the work was created the term of protection is

before 1923 in the public domain

1923-1977 28 years plus renewal for 67 years; if

not renewed, protection expired

after 28 years

1978- life of the author + 70 years; for

anonymous works, 95 years if the

work is published

outside the United States variable

Stanford University’s Slider

http://librarycopyright.net/resources/digitalslider/

KINDS OF FAIR USE

• Creative: use of copyrighted work in creating one’s

own original work

• Personal: use of copyrighted work for personal

learning or entertainment

• Educational: use of copyrighted work for teaching,

scholarship and research

THE 4 FACTORS OF FAIR USE IN ©

Each factor should be considered on a continuum &

it is unusual for all factors to be of equal significance.

• Purpose of the use

• Nature of the work

• Amount used

• Effect on the market

FACTOR 1: PURPOSE

yes

• Educational

• Nonprofit

• News

• Criticism

• Parody or satire

no

• Commercial

• For profit

• For entertainment

FACTOR 2: NATURE OF THE WORK

yes

• Published

• Nonfiction

no

• Unpublished

• Creative

• Fiction

FACTOR 3: AMOUNT USED

yes

• Small

(approximately10% is

a common rule of

thumb)

• Not central to the work

no

• Large

• Central to the work

FACTOR 4: EFFECT ON THE MARKET

yes

• Lawfully acquired

• No way to obtain

permission

• Few copies available

• No impact on profit

• No similar product

available

no

• Numerous copies are

made

• Repeated use

• Profit is affected

• Work is easily licensed

• Available online

FAIR USE CHECKLIST & SURVEY

☺ DO…

• Make sure movies shown to students are directly

related to your curriculum & used only in face-to-

face instruction

• Post a copyright notice in your classroom

• Document your compliance

• Model ethical behavior for students

• Cite all sources (even just one) all the time

• Ask a librarian when in doubt!

…DON’T !

• Show movies as rewards, time fillers or on bus trips

unless made by studios included in our public

performance site license

• Make multiple copies of consumables (workbooks)

• Create an anthology/course pack and either sell it

or put it on the web for all to see and use

• Place digital copies online unless the website is

password protected and only enrolled students

have access to the materials

MOVIE LICENSING USA SITE LICENSE

COPYRIGHT HOLDERS DO CARE

A non-profit organization that offers licenses which

allow creators to communicate which rights they

reserve and which rights they waive for the benefit

of recipients or other creators.

It’s awesome—use it!

CREATIVE COMMONS LICENSE TYPES

CREATIVE COMMONS RESOURCES

ADDITIONAL INFO

http://danahall.libguides.com/copyright

includes

• this PowerPoint

• additional sources for copyright-free images, sound

files and video clips

• information on avoiding plagiarism

• resources available (in our library & online), and

• the link to a cool (and legal!) 10 minute video on

fair use made up entirely of clips from Disney movies

SOURCES

“Checklist for Fair Use.” Indianapolis, IN: IUPUI Copyright Management Center, 2003. Print.

Creative Commons. http://creativecommons.org. Web. 12 Nov 2013.

“Fair Use Survey.” Read. Write. Think. National Council of Teachers of English & International Reading Association, 2006. Print.

Russell, Carrie. Complete Copyright for K-12 Librarians and Educators. Chicago: American Library Association, 2012. Print.

Stanford University Libraries. Copyright and Fair Use.http://fairuse.stanford.edu. Web. 28 Oct 2013.

Wherry, Timothy Lee. Intellectual Property: Everything the Digital-Age Librarian Needs to Know. Chicago: American Library Association, 2008. Print.