Copyright Copyright with a digital with a digital

touch touch Techapalooza 2011Techapalooza 2011

What is copyright?What is copyright?

A form of protection provided by law in the A form of protection provided by law in the United States to authors of original worksUnited States to authors of original works

Copyright gives an author Copyright gives an author The right to reproduce and/or distribute their The right to reproduce and/or distribute their

workwork The right to display or perform their workThe right to display or perform their work The right to change the original workThe right to change the original work

What materials are What materials are copyrighted?copyrighted?

Anything that you create is Anything that you create is automatically copyrightedautomatically copyrighted Written worksWritten works Sound recordings, song lyrics and/or Sound recordings, song lyrics and/or

musicmusic Works of artWorks of art Video and motion picture worksVideo and motion picture works Architectural worksArchitectural works

How do you copyright work?How do you copyright work?

Just the fact that you created a Just the fact that you created a work means it is copyrighted work means it is copyrighted ((since 1978since 1978))

You do not need to use the You do not need to use the ©© Works created before 1978 could Works created before 1978 could

be copyrighted by publishing the be copyrighted by publishing the work with the © symbolwork with the © symbol

Fair Use Fair Use

A part of the US Copyright ActA part of the US Copyright Act Allows teachers and students the Allows teachers and students the

ability to use copyrighted materials ability to use copyrighted materials for educational purposesfor educational purposes

There is a four part test that helps There is a four part test that helps determine if the use of a copyrighted determine if the use of a copyrighted material is fair usematerial is fair use

Use of Copyrighted MaterialsUse of Copyrighted Materialsby Educatorsby Educators

Copyright can be seen as a way to Copyright can be seen as a way to protect original works from unlicensed protect original works from unlicensed duplication, but allow future original duplication, but allow future original works based on the first.works based on the first.

Educators are granted special use of Educators are granted special use of copyrighted materials not available to copyrighted materials not available to the general public.the general public.

The Four Factors that The Four Factors that Determine Fair UseDetermine Fair Use

The purpose and character of the useThe purpose and character of the use The nature of the copyrighted workThe nature of the copyrighted work The amount of the work usedThe amount of the work used The effect of the use on the The effect of the use on the

marketplacemarketplace

There is no legal, definitive list There is no legal, definitive list of what constitutes Fair Useof what constitutes Fair Use

Charts have been made by several Charts have been made by several organizations to try to quantify how organizations to try to quantify how much of an item can be used under much of an item can be used under Fair Use.Fair Use.

The only true test of whether the The only true test of whether the educational use of a copyrighted educational use of a copyrighted work constitutes Fair Use is the court work constitutes Fair Use is the court system.system.

What should teachers What should teachers reallyreally know?know?Part 1Part 1

Fair Use of copyrighted materials Fair Use of copyrighted materials must be an integral part of a class.must be an integral part of a class.

Movies shown as a reward do not Movies shown as a reward do not qualify as Fair Use.qualify as Fair Use.

Rampant duplication of materials Rampant duplication of materials instead of purchasing instructional instead of purchasing instructional materials is not Fair Use (effect on materials is not Fair Use (effect on the market).the market).

What should teachers What should teachers reallyreally know?know?Part 2Part 2

Encourage students to use online Encourage students to use online databases to find images used in databases to find images used in student projects (Power Library or student projects (Power Library or locally funded).locally funded).

Discourage surfing the Internet for Discourage surfing the Internet for factual information and images for factual information and images for student projects.student projects.

Encourage the use of government Encourage the use of government sites for images.sites for images.

What should teachers What should teachers reallyreally know?know?Part 3Part 3

Citing a work is not the same as Citing a work is not the same as having permission to use the work.having permission to use the work.

Asking for permission to use is Asking for permission to use is always a good option.always a good option.

Copying a work and changing a few Copying a work and changing a few words is not fair use..words is not fair use..

There are some alternatives to There are some alternatives to CopyrightCopyright

Creative Commons provides an alternative Creative Commons provides an alternative for licensing worksfor licensing works

How can students and teacher How can students and teacher use images legally in projects use images legally in projects

or instructional materials?or instructional materials? Use online databases licensed by Use online databases licensed by

your school district. your school district. Use images in United Streaming.Use images in United Streaming. Use a web site like flickr and look for Use a web site like flickr and look for

photos that have Creative Commons photos that have Creative Commons licensing.licensing.

How are digital resources How are digital resources different?different?

Digital Millenium Copyright ActDigital Millenium Copyright Act

TEACH Act 2002 - designed to TEACH Act 2002 - designed to clarify the use of digital technology clarify the use of digital technology and copyrighted works in the and copyrighted works in the physical and virtual classroom.physical and virtual classroom.

What is a digital resource?What is a digital resource?

Web siteWeb site Information stored on a computer-type Information stored on a computer-type

devicedevice Desktop or laptop computerDesktop or laptop computer Digital still or video cameraDigital still or video camera iPod, MP3 player, GPS deviceiPod, MP3 player, GPS device Cell phone, PDACell phone, PDA

Information stored on a USB Drive, Information stored on a USB Drive, DVD, or CDDVD, or CD

Check out this videoCheck out this video

http://www.youtube.com/watch?v=CbVSYJ-I8x8

And what about music?And what about music?

Royalty free music collections are Royalty free music collections are available for purchase from available for purchase from companies for educational use. The companies for educational use. The Internet is filled with a variety of Internet is filled with a variety of options.options.

www.RoyaltyFreeMusic.com www.RoyaltyFreeMusic.com www.soundzabound.com www.soundzabound.com

And what about music?And what about music?

Encourage students to use royalty Encourage students to use royalty free music found on the following free music found on the following web sites:web sites:

http://copyrightfriendly.wikispaces.com/Copyright-friendly+music+and+sound

Advice to EducatorsAdvice to Educators

We must understand the basics of copyright.We must understand the basics of copyright. We have a responsibility to model compliance We have a responsibility to model compliance

of copyright.of copyright. We should always ask for permission to use We should always ask for permission to use

works that are likely not fair use.works that are likely not fair use. We must insure that students use information We must insure that students use information

for projects in an ethical manner.for projects in an ethical manner.

Now Consider ThisNow Consider This

Users RightsUsers Rights video-users-rights-section-107

Adapted from a PSLA presentation by Adapted from a PSLA presentation by Sue Kell of West Shore School Sue Kell of West Shore School DistrictDistrict