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
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 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)
anything produced by the U.S. government
original image by Meredith Atwater for opensource.com
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
Carol Simpson, Ed.D.; J.D. Author, consultant, editor on issues of ethics, copyright, school library management; carolsimpson.com