Copyright Best Copyright Best PracticesPractices

How to effectively leverage How to effectively leverage copyrighted materials in the face-copyrighted materials in the face-to-face and online classroom while to-face and online classroom while not getting huge fines and legal not getting huge fines and legal action brought against youaction brought against you

Adapted from Know Your Copy Rights – http://www.knowyourcopyrights.org Abiding by CC NonCommercial 2.5 Generic – http://creativecommons.org/

General GuidelinesGeneral Guidelines

© ©

Is it Copyrighted?Is it Copyrighted?

http://copyright.cornell.edu/resources/publicdomain.cfmhttp://copyright.cornell.edu/resources/publicdomain.cfm

Works produced by US government & Works produced by US government & employees are safeemployees are safe

Stuff that is really, Stuff that is really, reallyreally, old is safe, old is safe– Author’s life +70 yearsAuthor’s life +70 years

Everything else is NOT safeEverything else is NOT safe

Modus Operandi: Assume everything is Modus Operandi: Assume everything is copyrighted!copyrighted!

But I’m Special!But I’m Special!

Using Copyrighted Using Copyrighted WorksWorks For instructional purposesFor instructional purposes

In face to face teachingIn face to face teaching

In online classroomsIn online classrooms

For a nonprofit educational For a nonprofit educational institutioninstitution

Fair UseFair Use

1.1. The The purposepurpose and character of the use, and character of the use, commercial nature or is for nonprofit commercial nature or is for nonprofit educational purpose educational purpose

• (News Reporting, Parody, & Critical Comment also (News Reporting, Parody, & Critical Comment also OK)OK)

2.2. The The naturenature of the copyrighted work of the copyrighted work

3.3. The The amountamount and substantiality of the portion and substantiality of the portion used in relation to the copyrighted work as a used in relation to the copyrighted work as a wholewhole

4.4. The The commercial impactcommercial impact of the use upon of the use upon potential market for or value of the work. potential market for or value of the work.

Asking for PermissionAsking for Permission

Asking for PermissionAsking for Permission

If they say no, you can still apply fair If they say no, you can still apply fair use to use their workuse to use their work

If they don’t respond its not a free passIf they don’t respond its not a free pass

Out of print does not equal out of Out of print does not equal out of copyrightcopyright

Orphan worksOrphan works

Face to Face Face to Face GuidelinesGuidelines

MoviesMovies

Can I show part or all of a Can I show part or all of a copyrighted movie in my copyrighted movie in my classroom? And does it matter if classroom? And does it matter if I’m…I’m…

– using my own copy?using my own copy?– using the library’s copy?using the library’s copy?– using a copy I rented from a store?using a copy I rented from a store?– using a copy I taped from TV?using a copy I taped from TV?

MoviesMovies

YES – if it is tied to YES – if it is tied to INSTRUCTIONINSTRUCTION

NO – if it is for NO – if it is for ENTERTAINMENTENTERTAINMENT

CopiesCopies– Must have been lawfully madeMust have been lawfully made– Fair use copies are lawfully madeFair use copies are lawfully made

MoviesMovies

I have this thing called a “VHS Tape”. I have this thing called a “VHS Tape”. Can I make a digital copy?Can I make a digital copy?

If content is available on DVD, buy it! If content is available on DVD, buy it!

Must be via Fair Use (not the whole Must be via Fair Use (not the whole thing)thing)

If not available on DVD, and the VHS is If not available on DVD, and the VHS is deteriorating, the library can digitize itdeteriorating, the library can digitize it

Pictures, Charts, etc.Pictures, Charts, etc.

From printed works or web From printed works or web – strong fair use argument in favor of strong fair use argument in favor of

thisthis

From library databases or journals From library databases or journals – check with librarian for terms of check with librarian for terms of

agreementagreement

MusicMusic

Yes!Yes!

Chapters or ArticlesChapters or Articles

According to fair useAccording to fair use

Better to give students a linkBetter to give students a link

Why kill a tree?Why kill a tree?

Online ClassroomsOnline Classrooms

TEACH ActTEACH Act

used under your supervision used under your supervision

as part of the class session as part of the class session

as part of systematic mediated as part of systematic mediated instructional activitiesinstructional activities

directly and materially related to the directly and materially related to the teaching content teaching content

TEACH ActTEACH Act

not from a commercial online course.not from a commercial online course.

Limit access to your students via Limit access to your students via passwordspasswords

Downstream ControlDownstream Control– Prevent students from saving or printing Prevent students from saving or printing

materialsmaterials

include a general copyright warninginclude a general copyright warning

Links!Links!

Common QuestionsCommon Questions

Can I show part or all of a Can I show part or all of a copyrighted movie?copyrighted movie?

Can I digitize a VHS movie?Can I digitize a VHS movie?

Can I make a DVD of all the Can I make a DVD of all the clips I use and distribute it to clips I use and distribute it to the class?the class?

AnswersAnswers

Reasonable portions for movies Reasonable portions for movies and music (more restrictive than and music (more restrictive than F2F)F2F)

You may digitize You may digitize portionsportions of non- of non-digital sources if there is no digital digital sources if there is no digital version availableversion available

You cannot distribute DVDsYou cannot distribute DVDs

Chapters or ArticlesChapters or Articles

Can’t exceed what you would use Can’t exceed what you would use in classin class

Downstream control/paperless Downstream control/paperless processprocess

Always better to link to materialsAlways better to link to materials

What’s a mediated What’s a mediated instructional activity?instructional activity?

integral part of the class experience integral part of the class experience

under control/supervision of the instructor under control/supervision of the instructor

analogous to performances and displays in analogous to performances and displays in live classroom settings. live classroom settings.

part of the course rather than ancillary to part of the course rather than ancillary to it. it.

Remix CultureRemix Culture

Remixed material should be:Remixed material should be:

TransformativeTransformative– Add ValueAdd Value– RepurposeRepurpose

ProportionalProportional Sources CreditedSources Credited

Further ReadingFurther Reading

http://http://copyrightconfusion.wikispaces.com/copyrightconfusion.wikispaces.com/

http://www.creativecommons.orghttp://www.creativecommons.org

Works CitedWorks Cited

http://http://www.knowyourcopyrights.orgwww.knowyourcopyrights.org "Using Copyrighted Works in Your Teaching—FAQ: "Using Copyrighted Works in Your Teaching—FAQ:

Questions Faculty and Teaching Assistants Need to Questions Faculty and Teaching Assistants Need to Ask Themselves Frequently," by Peggy Hoon, JD Ask Themselves Frequently," by Peggy Hoon, JD (Washington DC: Association of Research Libraries, (Washington DC: Association of Research Libraries, 2007) 2007)