Clarifying Copyright for the Classroom Teacher

Phyllis R. Snipes, Ph.D. School Library Media Program University of West Georgia psnipes@westga.edu

 1. CREATE WHAT YOU NEED YOURSELF!!

2. GET PERMISSION (Creative Commons)!! 3. FAIR USE!! 4. FIND SOMETHING ELSE!! FOLLOW DISTRICT GUIDELINES

Copyright

Adventures in copyright by Opensourceway, available under a Creative Commons Attribution/Share Alike License at http://www.flickr.com/photos/opensourceway/539298217 1/

 The U.S. Constitution says the purpose of copyright is to promote the spread of knowledge and innovation, not limit and restrict access to information.

The Real Purpose of Copyright

To promote the Progress of Science and useful Arts was the first stated purpose of U.S. copyright. All the revisions of our copyright law, especially the most recent, have converted this previously limited right of authors to promote the progress of science and useful arts into a form of property ownership.

 It is clear that we will not reverse the trend toward greater statutory protection of intellectual property. It is also clear, however, that technology is still far ahead of those copyright holders and the lawmakers. We can be far more demanding about negotiating licenses that increase our rights of access, while agreeing to try to help protect the legitimate rights of authors and publishers.
Berry, John N., III Library Journal, 07/01/2000 http://lj.libraryjournal.com/2000/07/copyright/the-real-purpose-of-copyright/

Creative Commons
http://www.teachertube.com/viewVideo.php ?video_id=12848 Wanna work together?

ANIMAL Squirrel search

Citing CC Resources

 To protect ourselves, all educators should know some basic information about copyright law. First, facts cannot be protected by copyright, but the expression of those facts may be. For example, most of the information in an almanac or encyclopedia is factual and therefore not protected by copyright. The author's choice of words to express those facts, may, indeed, be copyrighted. Second, notice of copyright is not required. Material is automatically protected by copyright as soon as it is put into tangible formfor example, when it is written on paper, saved to disk, recorded on tape, or painted on canvas. If you can't find a copyright notice, assume that the material is protected by copyright. Third, copyright lasts for the life of the author plus 70 years for materials created today, but most material published in the United States before 1923 is in the public domain and is no longer protected by copyright. Fourth, schools have some limited exemptionsknown as fair useto copyright requirements, but the exemptions are for materials used strictly for educational purposes. The exemptions may also be limited in scope, pertaining to only a portion of the material the teacher might wish to use.
http://www.ascd.org/publications/educational-leadership/dec01/vol59/num04/Copyright101.aspx

Copyright 101 Carol Simpson

Fair Use Doctrine

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work

 The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
http://www.copyright.gov/fls/fl102.html

 FAIR USE DOCTRINE allows us to use copyrighted works in our classrooms. It is not an infringement of copyright.

Key questions to ask:

Did the unlicensed use "transform" the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

Fair Use Guidelines by Daniel Lee (ALA website)

The failure of the recent negotiations and almost 25 years of experience with the earlier guidelines have led many to conclude that fair use guidelines, by their very nature, fail to capture the principles embodied in fair use and are of little practical help. The Classroom Guidelines, for example, promote limits based on brevity, spontaneity, and cumulative effect. None of these concepts are found in the statute. Further, each of these new concepts come with specific quantitative limits unintended by Congress, such as word counts, successive semesters, and the number of articles from a collection. The guidelines, then, end up displacing the law itself with standards that have little or no relationship to the definition in the statute.
http://www.ala.org/Template.cfm?Section=copyrightarticle&Template=/ContentManagement/ContentDisplay. cfm&ContentID=26700

Code of Best Practices

Remixing is Tasty by Gideon Burton, available under a Creative Commons Attribution License at http://www.flickr.com/photos/wakingtiger/3156791341/

Renee Hobbs
http://www.teachertube.com/viewVideo.php ?video_id=96980 Today, educators and students have access to a vast, rich array of online materials that can be used for instruction, but these resources often remain untapped because of confusion over copyright laws

[Copyright law] not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship.
Russell, C. (2004). Complete Copyright: An everyday guide for librarians. Washington, DC: ALA, Office for Information Technology Policy.

Educators CAN:
Make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use; Create curriculum materials and scholarship with copyrighted materials embedded; and Shsare, sell, and distribute curriculum materials with copyrighted materials embedded.

Students CAN:
Use copyrighted works in creating new material; and Distribute their works digitally if they meet the transformativeness standard.

Media Literacy Education

ONE: EMPLOYING COPYRIGHTED MATERIAL IN MEDIA LITERACY LESSONS TWO: EMPLOYING COPYRIGHTED MATERIAL IN PREPARING CURRICULUM MATERIALS THREE: SHARING MEDIA LITERACY CURRICULUM MATERIALS FOUR: STUDENT USE OF COPYRIGHTED MATERIALS IN OWN ACADEMIC AND CREATIVE WORK FIVE: DEVELOPING AUDIENCES FOR STUDENT WORK

Online Video
ONE: COMMENTING ON OR CRITIQUING OF COPYRIGHTED MATERIAL TWO: USING COPYRIGHTED MATERIAL FOR ILLUSTRATION OR EXAMPLE THREE: CAPTURING COPYRIGHTED MATERIAL INCIDENTALLY OR ACCIDENTALLY FOUR: REPRODUCING, REPOSTING, OR QUOTING IN ORDER TO MEMORIALIZE, PRESERVE, OR RESCUE AN EXPERIENCE, AN EVENT, OR A CULTURAL PHENOMENON FIVE: COPYING, REPOSTING, AND RECIRCULATING A WORK OR PART OF A WORK FOR PURPOSES OF LAUNCHING A DISCUSSION SIX: QUOTING IN ORDER TO RECOMBINE ELEMENTS TO MAKE A NEW WORK THAT DEPENDS FOR ITS MEANING ON (OFTEN UNLIKELY) RELATIONSHIPS BETWEEN THE ELEMENTS

 Code of Best Practices is now the official fairuse policy of the National Council of Teachers of English.

 http://mediaeducationlab.com/case-studyvideo-elementary Case study video, elementary Elementary school teachers strengthen critical thinking and communication skills by engaging students in using copyrighted materials to create their own public service announcement on global warming.

Resources
A Fair(y) Use Video by Eric Faden, available under a Creative Commons Attribution-NonCommerical-ShareAlike License (CC BY NC SA) at http://www.youtube.com/watch?v=YLGNVIF0AYU (Permission granted: Kendra Hodgson) Adventures in copyright by Opensourceway, available under a Creative Commons Attribution-Share Alike License (CC BY SA) at http://www.flickr.com/photos/opensourceway/5392982171/ American Library Association: Copyright 101 Educational Materials. Retrieved from http://www.ala.org/advocacy/copyright/copyright101 American Library Association: Fair Use. Retrieved from http://www.ala.org/Template.cfm?Section=copyrightarticle&Template=/ContentManagement/ContentDisplay.cfm&ContentI D=26700 American Library Association: Fair Use Evaluator. Retrieved from http://www.ala.org/advocacy/copyright/fairuse (ALA Fair Use Evaluator) Berry, John N., III. (2000). The Real Purpose of Copyright. Library Journal, July 1, 2000. Retrieved from http://lj.libraryjournal.com/2000/07/copyright/the-real-purpose-of-copyright/ Building on the Past by Justin Cone, available under a Creative Commons Attribution License (CC BY) at http://creativecommons.org/videos/building-on-the-past Carter, Ruth. Copyright, Fair Use,& Education. (2013). Retrieved from http://youtu.be/opqlNGBB0c8 (Permission granted: Ruth Carter: http://carterlawaz.com/contact) Center for Social Media. Code of Best Practices in Fair Use for Media Literacy. Retrieved from http://www.teachertube.com/viewVideo.php?video_id=96980 Center for Social Media. Remix Culture: Fair Use is Your Friend. Retrieved from http://blip.tv/center-for-social-media/remixculture-fair-use-is-your-friend-2091622 Code of Best Practices in Fair Use for Online Video. Retrieved from http://centerforsocialmedia.org/fair-use/relatedmaterials/codes/code-best-practices-fair-use-online-video Code of Best Practices in Fair Use in Media Literacy Education. Retrieved from http://www.centerforsocialmedia.org/fairuse/related-materials/codes/code-best-practices-fair-use-media-literacy-education

Copyright and Fair Use Guidelines for Teachers. Technology & Learning. http://education.ky.gov/districts/tech/ciits/Documents/TeacherCopyright_chart.pdf Copyright Hacker by Jesper Wallerborg, available under a Creative Commons Attribution License (CC BY) at http://www.flickr.com/photos/inkninja/8119702305/ Copyright Kids. Retrieved from http://www.copyrightkids.org/index.htm (Permission granted: Amy Nickerson) Creative Commons Are Good For You by Frederic Humbert, available under a Creative Commons Attribution-ShareAlike License (CC BY SA) at http://rugby-pioneers.blogs.com/rugby/2008/09/creative-common.html Creative Commons: Wanna work together? by Taradcat, available under a Creative Commons Attribution License (CC BY) 2.5 at http://www.teachertube.com/viewVideo.php?video_id=12848 Cyberbee. Retrieved from http://www.cyberbee.com/cb_copyright.swf Davidson, Hall. Administrator Copyright Scenario Checklist. Retrieved from http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/AdministratorScenarioChecklist.pdf

Foter. Retrieved from http://foter.com Get Creative by Creative Commons is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike (CC BY NC SA) license Lott, Chris (2013). Copyright, Fair Use, Media Tyranny. Retrieved from http://prezi.com/tllajossph4t/copyright-fair-use-andtyranny-tech-fest-12/ (Public & reusable)

 Make Beliefs Comix. Retrieved from http://www.makebeliefscomix.com McCrady, Kelly. RHS Library Copyright, Plagiarism, & Fair Use Guidelines. Retrieved from http://rhsbears.edu.glogster.com/rhs-library/ (Permission granted.) Media Education Lab. Retrieved from http://mediaeducationlab.com/copyright (Renee Hobbs) Media Smarts. Retrieved from http://mediasmarts.ca/digital-media-literacy/educational-games Pooling Ideas: We Are What We Share; Attributing Creative Commons Materials. Retrieved from http://creativecommons.org.au/content/attributingccmaterials.pdf Remixing is Tasty by Gideon Burton, available under a Creative Commons Attribution License at http://www.flickr.com/photos/wakingtiger/3156791341/ Science Commons by Jesse Dylan, available under a Creative Commons Attribution-NonCommercial-ShareAlike License (CC BY NC SA) at http://creativecommons.org/videos/sciencecommons Simpson, Carol. (2001-2002). Copyright 101. Educational Leadership, 59(4). Retrieved from http://www.ascd.org/publications/educational-leadership/dec01/vol59/num04/Copyright-101.aspx (Permission granted via ASCD chat.) Stanford University Libraries: Copyright & Fair Use by Stanford University Libraries, available under a Creative Commons Attribution-NonCommercial License (CC BY NC) at http://fairuse.stanford.edu/overview/fair-use/cases/ Teaching Copyright. Retrieved from http://www.teachingcopyright.org (Permission granted: Corynne McSherry) United States Copyright Office. Retrieved from http://www.copyright.gov/fls/fl102.html Voki. Retrieved from http://voki.com