Copyright Law A reason not to be a teacher. Be afraid.
Transcript
Slide 1
Slide 2
Copyright Law A reason not to be a teacher. Be afraid.
Slide 3
Why do we have copyright law Copyright law means that an author
of a work may reap the fruits of his or her intellectual creativity
for a limited period of time. (U.S. Copyright Office) In Current US
copyright law a limited period of time generally translates to
until all who were alive at the time the work was created have died
as copy rights go for 70 years after the death of the creator or
120 years from creation for copy created for a corporation. Today
copyright has nothing to do with the original intent and instead is
something for teachers to fear and be very careful about.
Slide 4
What happens when someone uses copyrighted material? In 2013 a
Dutch math teacher posted links to a location with answers to test
that students in his class had been taking. This was done so the
students could check their answers for the questions in the books
that had been purchased legally. The math teacher did not put the
files on the internet, just the location. (TorrentFreak.com) The
book publisher took the teacher to court and the teacher had to pay
the legal expenses to the book publisher because the answer to math
equations had been copyrighted and the publisher thought some of
his students might have purchased the book if he did not show them
the location of the answers. (TorrentFreak.com)
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If copyright law is so scary why should teachers use any
information outside of school provided books The world is
constantly changing and we need information from many sources to
teach children today. There are exceptions to copyright that allow
use of copyrighted material. If a teacher is careful and understand
the risks there are ways to use material created by other to assist
in education, This is called Fair Use
Slide 6
What is Fair Use? According to Stanford University fair use is
any copying of copyrighted material done for a limited and
transformative purpose, such as to comment upon, criticize, or
parody a copyrighted work. (Stanford) Columbia has a fair use
checklist including some arguments favoring fair use as: Teaching,
Restricted Access, a Published work, with small quantity, User
owning a lawfully purchased or acquired copy, and one or few copies
made.(Columbia)
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Is this fair use? Captain America, the winter soldier [Motion
picture on DVD]. (2014). Distributed by Walt Disney. It appears to
be because: This is an assignment so I qualify for a student, The
clip is less than 3 minutes or 10 percent of the movie, I own the
movie, it is cited, and I did not sell it.
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Is this fair use? Yes Because It is less than less than 10
percent of the song It is less than 30 seconds The program has an
educational purpose The song is cited Harrison, George. (1969).
Here Comes the Sun[Recorded by The Beatles.]. On Abbey Road [CD]
Apple Records (1969).
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Is this fair use Most men, even in this comparatively free
country, through mere ignorance and mistake, are so occupied with
the factitious cares and superfluously coarse labors of life that
its finer fruits cannot be plucked by them. Their fingers, from
excessive toil, are too clumsy and tremble too much for that.
(Thoreau) It is not fair use, but it is legal because Henry David
Thoreau published prior to 1923 this is now in the public
domain.
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Another thing to know about fair use While the idea of fair use
is old, the US government thinks it would be wise for anyone
claiming it to contact a lawyer before using material that they
claim is fair use. Per the us copyright office webpage Although the
Fair Use Index should prove helpful in understanding what courts
have to date considered to be fair or not fair, it is not a
substitute for legal advice. Fair use is a judge-created doctrine
dating back to the nineteenth century and codified in the 1976
Copyright Act. Both the fact patterns and the legal application
have evolved over time, and you should seek legal assistance as
necessary and appropriate. (About Fair Use)
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The Main Points Each type of media has different specifics The
general rules are: This is for education, parody, or other accepted
uses The amount of work used (often times less than 10 percent or 3
minutes) The nature of the use Did the author or copyright holder
lose money or the ability to sell their product because of your
use? Of course cite the material
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Its all about the money Make sure you dont make any money from
it. Make sure that the author did not lose money because of someone
seeing what you did. The Dutch math teacher case shows what the US
Copyright office says when they say fair use was created by the
courts and changes over time. You cant rely on it. It is only a
court defense. Be careful
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Works cited About the Fair Use| U.S. Copyright Office. (n.d.).
Retrieved June 5, 2015. Captain America, the winter soldier [Motion
picture on DVD]. (2014). Distributed by Walt Disney. Columbia
University. (n.d.). Fair Use Checklist. Retrieved June 7, 2015.
David Thoreau, H. (1995). Walden, and On The Duty Of Civil
Disobedience. Project Guttenberg. Harrison, George. (1969). Here
Comes the Sun[Recorded by The Beatles.]. On Abbey Road [CD] Apple
Records (1969). Math Teacher Convicted for Linking to Pirated
Answer Sheets | TorrentFreak. (2013, January 16). Retrieved June 5,
2015. Stanford University. (2013, April 4). What Is Fair Use?
Retrieved June 7, 2015. U.S. Copyright Office - Information
Circular. (n.d.). Retrieved June 5, 2015.