Understanding Copyright & Fair Use
Target Goal:
Understand copyright law, fair use, and creative commons license
Understand copyright law, fair use, and creative commons license
©
There are some legal understandings teachers should have about copyright and fair use. Teachers should also have an understanding of the creative commons license.
There are some legal understandings teachers should have about copyright and fair use. Teachers should also have an understanding of the creative commons license.
What is Copyright
form of legal protection automatically provided to the authors of "original works of authorship," including literary, dramatic, musical, and artistic works.
The author/creator or owner of original creative work is given the following rights:
The author/creator or owner of original creative work is given the following rights:
- Reproduce (copy) distribute the original work to the public (create and sell copies)
- Create new works based upon the original work (make movie based on book)
- Perform or display the work publicly (perform a play/song)
Copyright Infringement
use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
>Safest course of action is to get permission from the copyright owner before using copyrighted material
How to request permission?
Students should know how to find the owner of a copyrighted work and how to ask permission to use that work.
>Safest course of action is to get permission from the copyright owner before using copyrighted material
How to request permission?
Students should know how to find the owner of a copyrighted work and how to ask permission to use that work.
What is Fair Use
Allows people other than the copyright owner to copy part or, in some circumstances, all of the copyrighted work, even where the copyright holder has not given permission objects.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
- 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
Fair Use Guidelines
The Fair Use Guidelines for Educational Multimedia state that educators who create educational projects containing original and copyrighted materials may use those projects for:
- face-to-face student instruction
- directed student self-study
- real-time remote instruction, review, or directed self-study for students enrolled in curriculum-based courses\
- teaching courses for a period of up to 2 years after the first instructional use. After two years, educators must obtain permission for each copyrighted portion in teh project
- presentation at peer workshops and conferences
- such personal uses as tenure review or job interviews
- educational uses in the course for which they were created
- portfolios as examples of their academic work
- such personal uses as job and graduate school interviews
- credit the sources, display the copyright notice, and provide copyright ownership info (source, author, title publisher, and place and date of publication. The copyright ownership info includes the copyright notice, year of first publication, and name of copyright holder)
- state on the opening screen and on any accompanying print material a notice that certain materials are included under the fair use of exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.
Creative Common License
Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools. This copyright licenses provide a simple, standardized way to give the public permission to share and use creative work — on conditions of your choice.
Searching for open content can be a daunting task, but you can use Google to search for Creative Commons content. Look for pictures at Flickr and music at Jamendo.
How do I share my work under the Creative Common License? Click HERE
Searching for open content can be a daunting task, but you can use Google to search for Creative Commons content. Look for pictures at Flickr and music at Jamendo.
How do I share my work under the Creative Common License? Click HERE
Types of Creative Common Licenses:
Attribution This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials. Attribution NoDerivs This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you. Attribution-NonCommericial-ShareAlike This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Attribution-ShareAlike This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects. Attribution-NonCommericial This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms. Attribution-NonCommercial-NoDerivs This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially. © Taken from https://creativecommons.org/licenses/ Quick Resources: Find content you can share, use, and remix here: http://search.creativecommons.org/ Download, sample, and share music licensed under Creative Commons: http://ccmixter.org/view/media/home |