Unraveling the Mysteries of Copyright

"...but it doesn't say copyrighted material"

  • Copyright applies from the MOMENT of creation
  • Even if a work does not say it is copyrighted, copyright law still applies
  • Copyright protects the creator's rights

MOST PEOPLE DON'T WANT TO VIOLATE COPYRIGHT LAWS... THEY JUST AREN'T AWARE OF HOW THESE LAWS AFFECT EVERYDAY USE!

Think it can't happen in schools?

Carol Simpson, Ed.D., J.D.  Author, consultant, editor on issues of ethics, copyright, school library management

"A school district in Texas purchased a single copy of a high-stakes assessment workbook for each grade level, then sent the copies to the district print shop. The print shop duplicated a copy for each student in the district. The copyright owner found out, and sued the district, alleging $7 million in damages." --Do The (Copy)right Thing by Neal Starkman, published in THE Journal 3.1.08  

RE-MIX CULTURE

Fair Use

There is no longer a "One Way Flow" of content

"Read Only" is based on a pre-digital age

Lawrence Lessig

Seems like a new concept, but 're-mixing has been around for a long time:
folklore
Cooking recipes
Parodies

Digital Age Examples:
Wikipedia
Video Games
Cultural Jams

Andy Warhol
Hope Poster

FAIR USE is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work.  In U.S. Copyright Law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders.  Examples include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.  It provides for legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four factor balancing test. -Wikipedia, the free encyclopedia


ASK THE FOLLOWING QUESTIONS:


How will the work be used?
Why will the copyrighted work be used?
How much of the work will you use?
What will be the IMPACT on the original work?


When challenged, Fair Use is decided on a case by case basis. Fair Use is not a law.


WAYS TO COMPLY WITH COPYRIGHT LAWS:

Simply ASK the copyright holder if you can use it.

If it was built for education
(example:  Pearson, Harcourt, etc...) DON'T USE IT OR COPY IT

Comply to takedown notices, if you are notified that you are in violation, TAKE IT DOWN.

* Advanced searching.

Model responsible use of copyright guidelines

Use your own materials

Use and promote Creative Commons

"But... I cited my sources!"

Attribution is not a substitute for copyright permission


Password protecting digital material does not excuse the need for copyright permission.

#1:  As long as I cite my source, I can use any copyrighted material for any purpose.

#2: One factor to consider when applying 'fair use' guidelines: When the benefit of the use outweighs the the cost imposed on the copyright holder.

#3:  "Fair Use" guidelines keep copyright laws from violating the 1st Amendment.

#4:  If I am not making a profit from it, I don't need to worry about getting in trouble for using copyright material.

#5:  I'm only using 30 seconds of the song, so I am not violating copyright.

OK, BUT WHAT IS EXEMPT FROM COPYRIGHT?

Ideas (although an expression of ideas can be)
Facts (but an original collection of facts can be)
Data
anything produced by the U.S. government

original image by Meredith Atwater for opensource.com

Sources:

Lisa Stringfellow, @EngageReaders; Teaching Copyright, Fair Use, and Intellectual Property in Digital Media

99designs.com, 5 Famous Copyright Infringement Cases and What You Can Learn

Justin Bathon, Professor & Dir. of Innovative School ModelsUniversity of KY; @edjurist

Jaime Lassman, Director of Studies at The Lexington School; @jlassman

reviewjournal.com

Carol Simpson, Ed.D.; J.D. Author, consultant, editor on issues of ethics, copyright, school library management; carolsimpson.com

thejournal.com

librarycopyright.net

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