Copyright and YouCopyright and You

CopyrightCopyright

A work is copyrighted when that A work is copyrighted when that work has been created in some type work has been created in some type of tangible form like writing or of tangible form like writing or recording. recording.

In the case of a single creator, it is In the case of a single creator, it is now protected for the creator's life now protected for the creator's life plus seventy years. plus seventy years.

What Works Are Protected?What Works Are Protected?

literary works; literary works; musical works, including any musical works, including any

accompanying words accompanying words dramatic works, including any dramatic works, including any

accompanying music accompanying music pantomimes and choreographic works pantomimes and choreographic works pictorial, graphic, and sculptural works pictorial, graphic, and sculptural works motion pictures and other audiovisual motion pictures and other audiovisual

works works sound recordings sound recordings architectural works architectural works

What Is Not Protected by Copyright?What Is Not Protected by Copyright?

Works that have not been fixed in a Works that have not been fixed in a tangible form of expression tangible form of expression

Titles, names, short phrases, and Titles, names, short phrases, and slogans; familiar symbols or designs; slogans; familiar symbols or designs; mere listings of ingredients or mere listings of ingredients or contentscontents

What Is Not Protected by Copyright?What Is Not Protected by Copyright?

Ideas, procedures, methods, systems, Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, processes, concepts, principles, discoveries, or devices, as distinguished from a or devices, as distinguished from a description, explanation, or illustrationdescription, explanation, or illustration

Works consisting entirely of information that Works consisting entirely of information that is common property and containing no is common property and containing no original authorship (for example: standard original authorship (for example: standard calendars, height and weight charts, tape calendars, height and weight charts, tape measures and rulers, and lists or tables measures and rulers, and lists or tables taken from public documents or other taken from public documents or other common sources)common sources)

Public DomainPublic Domain

In the U.S., any work In the U.S., any work published published before before January 1January 1, , 19231923 anywhere in anywhere in the worldthe world is in the is in the public domainpublic domain. .

Examples of Public DomainExamples of Public Domain

The BibleThe Bible Inventions of Archimedes and Inventions of Archimedes and

Thomas EdisonThomas Edison Works of Shakespeare and Mark Works of Shakespeare and Mark

TwainTwain

Copyright MythsCopyright Myths

To copyright something, I have to register To copyright something, I have to register with the copyright office.with the copyright office.

The moment an original work is fixed The moment an original work is fixed in a tangible medium of expression in a tangible medium of expression such as on paper or as a recording, it such as on paper or as a recording, it enjoys copyright protection.. enjoys copyright protection.. 

If it doesn't have a copyright notice, I can If it doesn't have a copyright notice, I can copy it.copy it.

Under current law, a copyright notice Under current law, a copyright notice isn’t required. You should assume isn’t required. You should assume that if it is the kind of work that can that if it is the kind of work that can be copyrighted, it is copyrighted.  be copyrighted, it is copyrighted.  

I can use a copyrighted work as long as I I can use a copyrighted work as long as I don’t plan to make any money on it.don’t plan to make any money on it.

Copyright law gives the owner the Copyright law gives the owner the right to decide who uses the work. right to decide who uses the work. Money has nothing to do with it.  Money has nothing to do with it.  

If something is posted on the Internet, If something is posted on the Internet, it’s in the public domain so I can use it. it’s in the public domain so I can use it.

Posting things on the Internet Posting things on the Internet doesn’t cause something to fall into doesn’t cause something to fall into the public domain. the public domain.

Network technology certainly makes Network technology certainly makes it easier to violate copyright law by it easier to violate copyright law by downloading texts or images off the downloading texts or images off the Internet, but it’s still illegal unless Internet, but it’s still illegal unless you have permission from the you have permission from the copyright owner. copyright owner.

I can use a copyrighted work as long as I can use a copyrighted work as long as it’s for educational purposes.it’s for educational purposes.

While it is true that you may be able While it is true that you may be able to use copyrighted material, there to use copyrighted material, there are strict rules about what’s are strict rules about what’s considered a “considered a “fair usefair use.”   .”  

Fair UseFair Use

U.S. copyright law contains a U.S. copyright law contains a provision that allows limited use of provision that allows limited use of copyrighted works without the copyrighted works without the permission of the owner for certain permission of the owner for certain teaching and research purposes.  teaching and research purposes.  

GUIDELINES for the GUIDELINES for the amount of a work you amount of a work you

may usemay use

TextText

Up to 10% of a copyrighted work or Up to 10% of a copyrighted work or 1000 words, whichever is less 1000 words, whichever is less

Poems Poems Entire poem if less than 250 words Entire poem if less than 250 words 250 words or less if longer poem 250 words or less if longer poem No more than 5 poems (or excerpts) of No more than 5 poems (or excerpts) of

different poets, from an anthology different poets, from an anthology Only 3 poems (or excerpts) per poet Only 3 poems (or excerpts) per poet

Motion MediaMotion Media

Up to 10% of a copyrighted work or 3 Up to 10% of a copyrighted work or 3 minutes, whichever is less minutes, whichever is less

Clip cannot be altered in any way Clip cannot be altered in any way

IllustrationsIllustrations

A photograph or illustration may be A photograph or illustration may be used in its entirety used in its entirety

No more than 5 images of an artist's No more than 5 images of an artist's or photographer's work or photographer's work

When using a collection, no more When using a collection, no more than 10% or no more than 15 than 10% or no more than 15 images, whichever is less images, whichever is less

MusicMusic

Up to 10% of a copyrighted musical Up to 10% of a copyrighted musical composition, but no more than 30 composition, but no more than 30 seconds seconds

Up to 10% of a body of sound Up to 10% of a body of sound recording, but no more than 30 recording, but no more than 30 seconds seconds

Any alterations cannot change the Any alterations cannot change the basic melody or the fundamental basic melody or the fundamental character of the work character of the work

Can I put my classroom Can I put my classroom material on the Web? material on the Web?

Is it ok for me to put my syllabi, lesson plans, Is it ok for me to put my syllabi, lesson plans,

or any other classroom notes on-line?or any other classroom notes on-line? In most situations under the In most situations under the

Copyright Act of 1976, when you Copyright Act of 1976, when you create a lesson plan or syllabi and create a lesson plan or syllabi and share them with your class you will share them with your class you will not have many problems. not have many problems.

Is it ok for me to put my syllabi, lesson plans, Is it ok for me to put my syllabi, lesson plans, or any other classroom notes on-line?or any other classroom notes on-line?

However, the rules change if you decide to However, the rules change if you decide to upload that same material to the World upload that same material to the World Wide Web or the Internet. Wide Web or the Internet.

When you produce a web site that is not When you produce a web site that is not on a password protected server or on a password protected server or Intranet, you are making all of those Intranet, you are making all of those materials, which may include anyone materials, which may include anyone else's copyrighted materials, available to else's copyrighted materials, available to an unlimited number of people who have an unlimited number of people who have open access to your web site. open access to your web site.

Is it ok for me to put my syllabi, lesson plans, Is it ok for me to put my syllabi, lesson plans, or any other classroom notes on-line?or any other classroom notes on-line?

This means that you could possibly This means that you could possibly be reproducing copyrighted materials be reproducing copyrighted materials illegally if you are using copyrighted illegally if you are using copyrighted materials in your lesson plans or materials in your lesson plans or syllabus syllabus

Copyright QuizCopyright Quiz

Is this action permissible under Is this action permissible under copyright law?copyright law?

1. As a reward for the first-grade 1. As a reward for the first-grade classes’ victory in a reading classes’ victory in a reading competition, you pop gallons of competition, you pop gallons of popcorn and invite the students to popcorn and invite the students to the cafeteria to view the Don Bluth the cafeteria to view the Don Bluth film film An American TaleAn American Tale, rented from a , rented from a local video store. local video store.

Is this action permissible under Is this action permissible under copyright law?copyright law?

1. No, it is not permissible to rent and 1. No, it is not permissible to rent and show a movie as a reward, in a show a movie as a reward, in a classroom or anywhere else on campus. classroom or anywhere else on campus. It is legal to rent and show movies in a It is legal to rent and show movies in a classroom when there is an classroom when there is an instructional purpose. If you want to instructional purpose. If you want to show a movie for entertainment or as a show a movie for entertainment or as a reward, you need to contact the reward, you need to contact the production company and pay an production company and pay an entertainment fee.entertainment fee.

Is this action permissible under Is this action permissible under copyright law?copyright law?

2. A junior-high science teacher 2. A junior-high science teacher purchases a class license to install a purchases a class license to install a software program on 30 software program on 30 workstations. There are 30 students, workstations. There are 30 students, and each uses an individual station and each uses an individual station during the class period. When a 31during the class period. When a 31stst student is enrolled, the teacher loads student is enrolled, the teacher loads the program on another computer for the program on another computer for this student to use during class.this student to use during class.

Is this action permissible under Is this action permissible under copyright law?copyright law?

2. No, this is not permissible. 2. No, this is not permissible. Although the science teacher has Although the science teacher has purchased a class license for the purchased a class license for the software program, the license limits software program, the license limits simultaneous use to 30 workstations. simultaneous use to 30 workstations. Using the program on an additional Using the program on an additional workstation violates this agreement.workstation violates this agreement.

Is this action permissible under Is this action permissible under copyright law?copyright law?

3. Fifth-grade students download 3. Fifth-grade students download images from the Internet to use in images from the Internet to use in multimedia projects for the multimedia projects for the classroom. Some of the images are classroom. Some of the images are copyrighted, and students do not copyrighted, and students do not take the time to obtain permission take the time to obtain permission for classroom use.for classroom use.

Is this action permissible under Is this action permissible under copyright law?copyright law?

3. Yes, this is an example of fair use. 3. Yes, this is an example of fair use. Students may download and use Students may download and use copyrighted images as long as the copyrighted images as long as the projects are not distributed outside projects are not distributed outside the classroom. The teacher could the classroom. The teacher could not post the projects online.not post the projects online.

Is this action permissible under Is this action permissible under copyright law?copyright law?

4. A teacher purchases one copy of 4. A teacher purchases one copy of a workbook that supplements a a workbook that supplements a classroom text, and then duplicates classroom text, and then duplicates the exercises for student use.the exercises for student use.

Is this action permissible under Is this action permissible under copyright law?copyright law?

4. No, this is not permissible. 4. No, this is not permissible. Consumable workbooks are Consumable workbooks are published with the intent that they published with the intent that they will be purchased for, and used by, will be purchased for, and used by, one student. By making copies of one student. By making copies of the worksheets, the teacher is the worksheets, the teacher is impacting the copyright owner’s impacting the copyright owner’s ability to profit from the work.ability to profit from the work.

Is this action permissible under Is this action permissible under copyright law?copyright law?

5. A high school student uses brief 5. A high school student uses brief (less than 30 seconds each) (less than 30 seconds each) copyrighted music clips to enhance a copyrighted music clips to enhance a social science multimedia project.social science multimedia project.

Is this action permissible under Is this action permissible under copyright law?copyright law?

5. Yes, this is an example of fair use. 5. Yes, this is an example of fair use. Students may use very short audio Students may use very short audio clips as part of a multimedia project. clips as part of a multimedia project. The project can not be posted online.The project can not be posted online.