The creators of this Wiki are not lawyers or experts in copyright law. We just seek to inform pre-service teachers about some foundational elements of copyright and fair use.

Objectives of Wiki

• Explain why copyright law originated
• Identify materials that fall under copyright
• State guidelines of Fair Use
• Apply Fair Use Guidelines to different scenarios

"The genius of United States copyright law is that, in conformance with its constitutional foundation, it balances the intellectual property interests of authors, publishers and copyright owners with society's need for the free exchange of ideas." Justice Sandra Day O'Conner quoted in Butler, 2004

"In environments where resources are thin or non-existent, the urge to use materials regardless of unforeseeable consequences can be high. This is not to imply that educators are not moral about what they do; instead, it could easily be said this is a group of people who are working against many obstacles (economic as well as political) to provide adequate and timely information to students." (Napper, 2003)

Copyright Law
Title 17, U.S. Code - A form of protection provided by the laws of the United States to the “authors of original works of authorship” (includes published and unpublished works)

• Literary
• Dramatic
• Musical
• Artistic
• Other intellectual works

What is the point of copyright law?
To protect intellectual property and encourage creativity

Rights of the Copyright Holder

• Reproduce copies or recordings
• Prepare derivative works
• Distribute copies or recordings
• Perform the work publicly
• Display the copyrighted work publicly
• Perform publicly, including digital audio transmissions

When is a Work Copyrighted?

• As soon as the work is created (since 1978)
• Ideas and facts are not copyrighted
• Does not depend on publication
• Does not have to be registered, e.g. blogs (Russell, 2005)
• Can use © or copyright
• Works by U.S.Government are not eligible for copyright protection

How Long Does Copyright Last?

• If created after 1/1/78: author’s life plus 70 years
• If created and published or registered before 1/1/78: from 28 to 95 years

Why Care About Copyright?

• It’s the law.
• Modeling for students (and other teachers)
• Personal ethics
• Teachers have a moral obligation to practice personal integrity.
• Impact on all creativity

When Can I Use Materials?

• Items are in the public domain.
• You receive prior permission from the copyright holder. This is easy to do and can be done over e-mail in many cases.
• There is a legal exception.
• It qualifies for fair use.

What is Fair Use?
Title 17, U.S. Code, Section 107

• Defines limitations on exclusive rights of copyright holders
• When used for criticism, comment, news reporting, **teaching**, scholarship, and research

What Determines Fair Use? You should be able to apply the criteria for fair use.

1. Purpose and character of the use
• Is it commercial or for nonprofit educational purposes?
• Spontaneous and temporary
2. Nature of the copyrighted work
• Paragraphs, not chapters
3. Amount and substance of portion used in relation to the entire copyrighted work
4. Effect of use upon potential market

Check out this checklist (taken from http://www.copyright.iupui.edu/)

Myths about Fair Use (Dames, 2005)
"If I give credit to the author, then it is fair use."

Explanation: Giving credit helps avoid plagerism issues, but not necessarily fair use. Even though all students at UF have access to journals online I am not allowed to post the journals or even links to the journals online (unless it is password protected). Go back to all 4 criteria for fair use.

"If I use only a little bit, then it is fair use."

Explanation: It depends on the substance of your "little bit." A summary of a book has a lot more substance than a random page in the book, although both may be the same length. Go back to all 4 criteria for fair use.

"If I use the work for educational, scientific, research, or nonprofit purposes, then it is fair use."

Explanation: You have a better chance of it being fair use, but you need to look at all 4 criteria.

Guidelines
ALWAYS include copyright notice and attribution
Software - no fair use

Text

• Less than 10% of work from book, newspaper, magazine
• Up to 250 word poem, no more than 3 from same anthology

Images – No changes

• No more than 5 from single source and not over 10/15% of single work, whichever is less

Video

• Single copies only
• Up to 3 minutes or 10%, whichever is less

Music

• Single copies only
• 30 seconds or up to 10%, whichever is less

Television/Satellite

• Single copy
• Used by individual teacher
• May be used up to 45 days after broadcast
• Other restrictions may apply

Can you give accurate advice to a peer?

Mr. Kite is a new teacher. He doesn’t make a lot of money, so he has not spent a lot of money in his classroom. He knows that he needs some reading materials for his students to read during ‘stop everything and read’ time. He decides to borrow some books from another teacher and make a photocopy. He figures that he will throw them away when he has money to buy new books. Does Mr. Kite have a good idea? Or does he need some mentoring?

Fair Use or not- You be the judge!

• ZooNet Images
• Daily Duplicating
• FrontPage

Resources

• http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#2
• http://home.earthlink.net/~cnew/research.htm
• http://www.copyright.gov
• http://www.copyright.iupui.edu/

Take a practice quiz

Class Questions

• Why should teachers be concerned with copyright?
• When is it allowed to use copyrighted materials?
• What are the four Fair Use guidelines that teachers should be aware of regarding copyright?
• Why should teachers discuss copyright issues with students?
• What advice would you give to Mr. Kite (see above)?

References

• Butler, R. P. (2004). Web page construction and copyright law: How much do i need to know? Knowledge Quest, 32(4), 41-42.
• Dames, K. M. (2005). Copyright clearances: The high stakes of fair use. Online, 29(6), 38-42.
• Educational Multimedia Fair Use Guidelines Development Committee. (1996). Fairuse guidelines for educational multimedia. Retrieved June 29, 2006, from Copyright crash course Web site: http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#2
• Indiana University, (2002). Checklist for fair use. Retrieved June 29, 2006, from Copyright management center Web site: http://www.copyright.iupui.edu/checklist.htm
• Napper, V. S. (2003). Ethical issues in copyright compliance and fair use guidelines in teacher education. TechTrends, 47(6), 5-8.
• Newsome, C. (2000). Modeling Honesty and Resourcefulness. Retrieved June 29, 2006, from A Teacher's Guide to Fair Use and Copyright Web site: http://home.earthlink.net/~cnew/research.htm
• Russell, C. (2005). Copyright concerns: The copyright implications of blogs. Public Libraries, 44(4), 215-216.
• United States Copyright Office. (2006). Copyright Basics. Retrieved June 29, 2006, from Copyright Web site: http://www.copyright.gov