Copyright & Creative Commons for Educators

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A slide deck to support an NKCS Summer Academy 2014 session on navigating Copyright and Creative Commons in education...

Transcript of Copyright & Creative Commons for Educators

  • What is fair use? *Copyright & Fair Use - Stanford
  • FAIR USE:! ! A long-standing doctrine that was specically! written into Sec. 107 of the Copyright Act of 1976! ! Allows the use of copyrighted material without! permission or payment when the benet to society! outweighs the cost to the copyright owner. ! ! Explicitly allows use of copyrighted materials for ! educational purposes such as criticism, comment, ! news reporting, teaching, scholarship, and! research. ! *Section on fair use from Copyright in the Classroom:Why Should We Care? by Amy Hopkins via CC
  • BASIC RULES*Five by woodleywonderworks on Flickr
  • Rule 1: Are You Creating Something New or Just Copying? The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.
  • Rule 2: Are You Competing With the Source You're Copying From? Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work.! ! For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on putting from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use.
  • Rule 3: Giving the Author Credit Doesn't Let You Off the Hook Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.
  • Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be The more material you take, the less likely it is that your use will be a fair use. As a general rule, never: quote more than a few successive paragraphs from a book or article,take more than one chart or diagram,include an illustration or other artwork in a book or newsletter without the artist's permission, orquote more than one or two lines from a poem.! Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 wordswouldn't be fair use. However, copying 2000 words from a work of 500,000 words might be fair. ! ! It all depends on the circumstances.! ! To preserve the free ow of information, authors have more leeway in using material from factual works (scholarly, technical, andscientic works) than to works of fancy such as novels, poems, and plays.
  • Rule 5: The Quality of the Material Used Is as Important as the Quantity The more important the material is to the original work, the less likely your use of it will be considered a fair use.! ! In one famous case, The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication. In the magazine's article about the memoirs, only 300 words from Ford's 200,000-word manuscript were quoted verbatim. The Supreme Court ruled that this was not a fair use because the material quoted (dealing with the Nixon pardon) was the "heart of the book ... the most interesting and moving parts of the entire manuscript," and that pre-publication disclosure of this material would cut into value or sales of the book.! ! In determining whether your intended use of another author's protected work constitutes a fair use the golden rule: Take from someone else only what you wouldn't mind someone taking from you.
  • PAY ATTENTION TO PORTION SIZE
  • Some rights reserved by C. Young Photography BTW:
  • Motion Media Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work
  • Text Material! Up to 10% or 1000 words, whichever is less, of a! single copyrighted work of text [..]
  • Text Material Poems! An entire poem of less than 250 words but no more ! than three poems by one poet, or ve poems by! different poets from any single anthology. In poems of greater length:! up to 250 words but no more than three excerpts! by a single poet or ve excerpts by different poets! from a single anthology.
  • Music, Lyrics, and Music Video! ! ! ! ! ! ! ! Illustrations and Photographs Up to 10% but no more than 30 seconds of music and lyrics from a single musical work.! ! Any alterations to a musical work shall not change the basic melody or the fundamental character of the work. A photograph or illustration may be used in its entirety. ! No more than 5 images by an artist or photographer. ! Not more than 10% or 15 images, whichever is less, from a single published collected work.
  • *Beware of Coils by Alan Levine on Flickr
  • How does one go about getting a copyright for their work?
  • My YouTube experiences: ! ! A Cooperative Resolution? ! The Educational Remix- At Odds With Copyright?
  • ?
  • A Shared Culture:
  • What Is Creative Commons?! ! Creative Commons is a nonprot organization that enables the sharing and use of creativity and knowledge through free legal tools.! ! Our free, easy-to-use copyright licenses 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.! ! 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. Weve collaborated with intellectual property experts around the world to ensure that our licenses work globally.
  • ! What Can Creative Commons Do For Me?! ! If you want to give people the right to share, use, and even build upon a work youve ! created, you should consider publishing under a Creative Commons license. CC gives you exibility (for example, you can choose to allow only noncommercial uses) and protects the people who use your work, so they dont have to worry about copyright infringement, as long as they abide by the conditions you have specied.! ! If youre looking for content that you can freely and legally use, there is a giant pool ! of CC-licensed creativity available to you. There are hundreds of millions of works ! from songs and videos to scientic and academic material available to the public ! for free and legal use under the terms of our copyright licenses, with more being ! contributed every day.
  • ATTRIBUTION
  • NON-COMMERCIAL
  • SHARE ALIKE
  • NO DERIVATIVES
  • This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.
  • BECAUSE is different from
  • Is your attribution good enough?! ! Ask yourself whether an interested viewer/reader/listener/other user is able to easily discern who gets credit (attribution) for the original work, and the freedoms associated with that work (license notice). If they can, great! If not, consider whether you are making a good faith effort to use the licensed work according to its terms.! If in doubt, you can try asking the original publisher. They may have already provided attribution guidelines. Best practices for marking content with Creative Commons licenses. (users)
  • One last thing: ! ! The licenses do not require you to inform a creator that you are using her CC- licensed work, but its a nice thing to do. Most people are very happy to learn that someone is using and building upon their creations; thats why they use Creative Commons licenses in the rst place.
  • Examples of notication & courtesy Below are a few examples of notication of use via Flickr comments. Simply click the link and scroll down to my comment:! ! Were Not in Kansas Anymore! iPhone 4! The Spiders Create Tightropes From Bulb to Bulb! unfolding! ! The bottom line? People love to know where their work is being