Post on 13-Nov-2014
description
Copyright, Fair Use & Creative Commons
Questions Do I need permission to use this?
If it’s on the web, can anyone use it?
Should I cite the source?
If there’s no © symbol, can I copy it?
I’m in education, so isn’t everything I do considered fair use?
See “Brief Notes: Copyright for Students” at http://tinyurl.com/briefnotes
morguefile.com
stljfl.org
Fair Use
flickr.com/photos/kimberlyfaye
Copyright Law
flickr.com/photos/library_of_congress
Public Domain
Creative Commons
www.creativecommons.org
Four Concepts Guide Decisions
Why Should You Care? Ethical Decision
Modeling the ethical use of media & technology for students
It’s the Law Criminal penalties up to 1 yr in jail Civil liability for damages & profits• judge’s discretion up to $50,000
Personal liability–your jobimages from morguefile.com
Copyright
Exclusive legal right to decide how, when, and where a work can be reproduced.
Covers text, music, pictures, video, computer code, sculpture, architecture, & other intellectual works• Established as soon as a work becomes tangible
• Does not cover facts or ideas, but does protect the “unique expression” of them
Files On Record: http://www.loc.gov/teachers/copyrightmystery
Copyright Protection Does not require registration Does not require the display of © symbol Was not intended to stifle creativity Does not exempt teachers or students
“Fair Use” applies to limited portions & circumstances
Ownershipas defined by the 1976 Copyright Act: Author’s life + 70 years Work For Hire:
120 years from creation 95 years from publication
Works published prior to 1978 28 years; can be renewed up to 95 years
Copyright Basics: http://www.copyright.gov/circs/circ1.pdf
Public Domain Can be used freely & without permission
Works for which copyright ownership has expired Facts or ideas (but not their unique expression) Works by US government employees as part of their job
(includes .gov sites such as nasa.gov or noaa.gov)
Fair UseConcepts & guidelines
as defined by 1976 Copyright Act
stljfl.org
“Fair Use” of Media
A legal concept that applies to… Personal use (like iTunes & its DRM)
Teaching & learning News reporting Parody Critical comment
www.copyright.gov
Purpose of Fair Use Guidelines Balance the rights of individuals
Recognize different needs
Define legitimate use without permission Not simply to avoid purchasing
Define acceptable terms of use Specify portion limitations
Updated: Teach Act of 2002 1998: congress asked to facilitate digital
technologies in distance education 2002: law allows fair use over a secure network
such as ICN or Learning Management Systems Distribution via open networks still prohibited
ICN images from iptv.org
4 Criteria Determine Fair Use
1. Purpose & character of the use
2. Nature of the copyrighted work
3. Amount used in relation to the whole Portion limitations
4. Effect of the use upon potential market value Limited or no distribution allowed
www.iowaaeaonline.org | www.copyright.gov
Fair Use applies when…...using without permission,
…portions,
...of lawfully acquired works,
...in educational multimedia projects,
...created by teachers or students,
...as part of systematic instruction,
...within nonprofit educational institution,
…with limited or no distribution.
Text Material Up to 10% or 1000 words (whichever less)
10% or 2 pages from short children’s book Poems
Up to 250 words (entire poem if <250 words)
No more than 3 poems by one poet or 5 poems from single anthology.
Photos & Illustrations No more than 5 images by one artist No more than 10% or 15 images (whichever less)
from one collection Can alter if it supports instructional outcome Must cite the source where
image is used – on the same pageLinktribute!
Image used with permission from pics4learning.com
Audio & Video
Audio or music video 10% or 30 seconds (whichever less)
Video 10% or 3 minutes (whichever less)
Videotaping Only open broadcast or basic cable television
No premium cable channels
10/45 day rule Transmission only via secure network
Summary Points: Fair Use Open distribution generally prohibited (www) Using portion of work in limited circumstances Projects may be reused for instructional
purposes for 2 years after initial use Students & teachers can retain longer for portfolios
Assume something is copyright-protected Look for terms of use statement
Copyright Public Domain
Creative Commons
creativecommons.org
search.creativecommons.org
Creative Commons
Licenses grant permission to: copy the work make derivative works distribute the work profit from the work Creativecommons.org
www.creativecommons.org/about
Creators choose conditions
www.creativecommons.org/about/licenses
Flickr.com – Compare the licenses
CC Search Engines
search.creativecommons.org
www.iowaaeaonline.org
Iowa AEA Online Terms & Conditions AP Images
Prohibits use on web, newsletters, etc
iCLIPART for Schools Allows use on your websites Specific citation format requested
World Book Can’t use on websites without first seeking permission Only links to their home page allowed (no deep linking)
You can always request to do more Obtain written consent from copyright owner May not be a time-consuming process (e-mail) Be specific, don’t request blanket permission
Templates:http://tinyurl.com/2dznwjhttp://tinyurl.com/24okpx
30.tinypic.com
Frazz
www.comics.com
Letter to Frazz Mr. Mallett (I'd call you Jef but I don't know you);
I really appreciate the subtle humor (and blatant humor) in your comic.I am a professor of Instructional Technology at the University of Northern Iowa. I would like to use your Feb 22, 2005 comic to show how a teacher might use a comic to start a discussion.May I have permission to display it in my lectures?
Thank you,Leigh
Jef MalletYow! Just in the nick of time -- sorry I'm slow
getting to my e-mail (I suppose it's a good thing it
piles up so fast, but still).
Absolutely, I'd be flattered if you used it in your lectures. Huge thanks!
And definitely, call me Jef. You know me well enough.
Jef
Summary Copyright Law
Protection assumed once tangible form exists
Fair Use Guidelines for Teachers & Students Portions of works may be used in limited circumstances Does not permit distribution on an open network
Creative Commons Some rights reserved, consult the individual license
Iowa AEA Online (and other sources) Consult individual terms & conditions