J guerra copyright and fair use
- 2. WHAT IS COPYRIGHTED? Your lesson plans The worksheets your create A book report written by a student or educator A photograph you take The home video from your last trip
- 3. COPYRIGHT? A form of protection provided by law in the United States to authors of original works. Copyright allows the originator The right to reproduce and/or distribute their work The right to display or perform their work publicly The right to prepare derivatives of the original work
- 4. WHAT MATERIALS ARE COPYRIGHTED? Anything that you create is automatically copyrighted. Written works: Lesson plans, worksheets created Sound recordings, song lyrics and/or music Works of art Video and motion picture works
- 5. COPYRIGHT PROTECTION “Simply putting the pen to the paper or in the electronic medium, putting the fingers to the save key creates a copyrighted work.”- Georgia K. Harper Harper, G.K. (2007):Using materials from the internet. In Copyright Crash Course. Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html
- 6. LICENSES Anything uploaded onto the internet it is naturally expected to be used in various ways because it is implied. A way to minimize certain use: add a specific license CREATIVE COMMON LICENSES Creative Commons (2012). Retrieved from Sept. 1, 2012, from http://creativecommons.org/
- 7. ALTERNATIVES TO COPYRIGHT Creative Commons provides an alternative for licensing works
- 8. ROLE OF FAIR USE “Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies. “- Georgia K. Harper Harper, G.K. (2007):Using materials from the internet. In Copyright Crash Course Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html
- 9. FAIR USE GUIDELINES Are a part of the US Copyright Act. Allow teachers and students the ability to use copyrighted materials for educational purposes. There is a four part test that determines if the use of a copyrighted material is fair use. Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course. Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html
- 10. THE FOUR FACTORS THAT DETERMINE FAIR USE The purpose and character of the use The nature of the copyrighted work The amount of the work used The effect of the use on the marketplace Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course. Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html
- 11. THERE IS NO LEGAL, DEFINITIVE LIST OF WHAT CONSTITUTES FAIR USE Items and Discussions have been made by several organizations to try to quantify how much of an item can be used under fair use. The only true explanation of whether the educational use of a copyrighted work constitutes fair use is the court system. Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course. Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html
- 12. LICENSING CONTENT Many companies license their content to educational and corporate entities. Licensing is the right to use materials under the term of the license agreement. Licenses for online content are usually for one year with renewals needed for subsequent years of use. The purchaser of the license must agree to the terms of use for that license. Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html
- 13. STUDENT AND TEACHER USE OF IMAGES/VIDEO LEGALLY IN PROJECTS OR INSTRUCTIONAL MATERIALS? Use online databases licensed by your school district. Use images/video in United Streaming or a similar digital multimedia service. Use a web site with Creative Commons licensing. Request permission from the copyright holder.
- 14. TEACHERS SHOULD KEEP IN MIND Fair use of copyrighted materials must be an integral part of a class. Movies shown as a reward do not qualify as fair use. Rampant duplication of materials instead of purchasing instructional materials is not fair use (effect on
- 15. TEACHERS SHOULD KEEP IN MIND Encourage students to use online databases to find images and video used in student projects (Power Library or locally funded). Discourage surfing the Internet for factual information and images for student projects. Encourage the use of government sites for
- 16. TEACHERS SHOULD KEEP IN MIND Citing a work is not the same as having permission to use the work. Requesting for permission to use is always a good option. Duplicating a work and changing a few words is not fair use. Students have a wider range of rights under fair use than teachers.
- 17. CAUTION: BEWARE OF WEB CONTENT Unless you know the owner of the web site to be a reputable company, beware of any “free” images or music. Realize that web site owners sometimes embed spyware or other unwanted software in content from their site. Don’t allow students to use content from any web site that requires them to register and provide personal information.
- 18. FINAL THOUGHT Educators must understand the basics of copyright. Educators have a responsibility to model compliance to copyright. Educators should always ask for permission to use works that are likely not fair use. Educators must insure that students use information for projects in an ethical manner.
- 19. REFERENCES U.S. Copyright Office. (2012), Fair Use. U.S. Copyright Law Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course. Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html Harper, G.K. (2007):Using materials from the internet. In Copyright Crash Course. Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course. Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html
- 20. CONTACT INFORMATION Jose Guerra Chemistry C.C. Winn High School Room 202 Conference period [email protected]