Copyright and Fair Use

Cheryl Morse

IP&T 287

Copyright

Teachers often want to involve their students in doing multimedia or internet projects . . . What do the teachers know

about copyright and fair use issues? What is legal and illegal?

Dissertation Study

• 119 teachers who used multimedia projects in their classrooms were given a 20 question copyright questionnaire

• Only 1 got 75% correct• Only 12.5% scored 50% or better

What are the ethical implications of this?

Shane, S. L. (2001). A study on teacher’s knowledge about multimedia and copyright: The problem and some possible answers. Tech Trends, 45 (6), 3-5.

Copyright & Fair Use Objectives

As a teacher you need to:1. Know what copyright and fair use are2. Understand and be able to apply the

basic guidelines for fair use3. Know where to go to find answers

regarding specific copyright or fair use issues

4. Know how to properly cite works in your multimedia and Web projects

What is the difference between copyright and fair

use?

Differences

Copyright“A property right attached to original work… giving

the owner control over all forms of reproduction. Other than someone to whom the author/creator has extended these rights, no one else may use, copy, or alter the work without permission.”

Fair Use“Teachers are granted access to works beyond

classrooms or textbooks to expand and enrich learning opportunities of students.”

A Teacher’s Guide to Fair Use and Copyright http://www.homeearthlink.net/~cnew/research.htm

Class Fair Use RulesStep 1: Determine if desired use of

materials falls under Fair Use guidelines.

Step 2: Always provide proper attribution for materials used!

A Teacher’s Guide to Fair Use and Copyright http://home.earthlink.net/~cnew/research.htm

Step 1: Fair Use Guidelines

Considerations for how to determine if copying is allowable under the fair use exemptions.

1.Purpose of Use2.Proportion of Material Used3.Nature of Work4.Effect on Marketability

A Teacher’s Guide to Fair Use and Copyright http://home.earthlink.net/~cnew/research.htm

1. Purpose of UseA. Selected parts used for educational purposes

B. Copies are made spontaneously

C. Must be legally obtained

D. Do not redistribute

A Teacher’s Guide to Fair Use and Copyright http://home.earthlink.net/~cnew/research.htm

2. Proportion of Material Used

A. Duplication is short in relation to the entire work

B. General rule is 10% unless a maximum amount is set.

C. Segments do not reflect the essence of the work.

A Teacher’s Guide to Fair Use and Copyright http://home.earthlink.net/~cnew/research.htm

3. Nature of Work

A. You may copy parts that do not reflect the essence of the work.

B. Facts, names, ideas, public images are fair use.

A Teacher’s Guide to Fair Use and Copyright http://home.earthlink.net/~cnew/research.htm

4. Marketability

A. Use should not cause a reduction in sales

B. This is the most important of the four principles

A Teacher’s Guide to Fair Use and Copyright http://home.earthlink.net/~cnew/research.htm

Step 2: Proper AttributionWhat to include:•display the copyright notice © and copyright ownership information if this is shown in the original source •adequately identify the source of each work; provide a full bibliographic description where available (including author, title, publisher, and place and date of publication) (the basic idea here is that a person who wants to should be able to go directly to the source where you got the material)

Where to include it:Directly below the media elementAt the bottom of the page including the media elementOn a credits page(the basic idea here is that you must make sure that the elements you are citing are easily identifiable – for example if you have 3 pictures of Abraham Lincoln in the credits it must be clear which citation goes with which picture.)

See handout for examples

CONFU Guidelines: http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm

http://www.campusdownloading.com/dvd.htm#