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COPYRIGHT IS “THE LEGAL RIGHT CREATED BY THE LAW OF THE COUNTRY, THAT GRANTS THE CREATOR OF AN ORIGINAL WORK EXCLUSIVE RIGHTS TO ITS USE AND DISTRIBUTION, USUALLY FOR A LIMITED TIME, WITH THE INTENTION OF ENABLING THE CREATOR (E.G. THE PHOTOGRAPHER OF A PHOTOGRAPH OR THE AUTHOR OF A BOOK) TO RECEIVE COMPENSATION FOR THEIR INTELLECTUAL EFFORT.” What is copyright? en.wikipedia.org/wiki/copyright
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COPYRIGHT AND FAIR USE
The Appropriate use of Electronic Media in the Classroom: Risks & Benefits
www.shmoop.com/constitution/photo-united-states-constitution.html
— U N I T E D S T A T E S C O N S T I T U T I O N , A R T I C L E 1 , S E C T I O N 8
The Congress shall have Power To… promote the Progress of Science and useful Arts, by securing for limited Times
to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
en.wikipedia.org/wiki/copyright
C O P Y R I G H T I S “ T H E L E G A L R I G H T C R E AT E D B Y T H E L A W O F T H E C O U N T R Y, T H A T G R A N T S
T H E C R E A T O R O F A N O R I G I N A L W O R K E X C LU S I V E R I G H T S T O I T S U S E A N D
D I S T R I B U T I O N, U S U A L LY F O R A L I M I T E D T I M E , W I T H T H E I N T E N T I O N O F E N A B L I N G
T H E C R E AT O R ( E . G . T H E P H O T O G R A P H E R O F A P H O T O G R A P H O R T H E A U T H O R O F A B O O K ) T O
R E C E I V E C O M P E N S A T I O N F O R T H E I R I N T E L L E C T U A L E F F O R T. ”
What is copyright?
The above list of who is able to possess copyright is only a partial list of possibilities.
WHO CAN POSSESS COPYRIGHT?
An architectural designer
A playwright, book author, or author of blogs, email, or scholarly articles
An author of computer software, books, poems, or stories
A movie scriptwriter
A music writer, opera writer, or symphony writer
A pantomime or choreographer
A painter, photographer, or sculptor
www.copyrightkids.org/copyrightbasics.html
Architectural works
Dramatic works, including any accompanying music
Literary works, which includes computer software
Motion pictures and other audiovisual works
Musical works, including any accompanying words
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Sound recordings
Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (written or recorded descriptions, explanations, or illustrations of such things are protected copyright) Titles, names, short phrases, & slogans; listings of ingredients or contents (some titles & words may be protected if their use is linked with a particular product or service)
Works not fixed in a tangible form of expression, such as improvised speech or performance not written down or recorded
Works entirely of information commonly available & no originality (i.e. standard calendars, measures & rulers, lists or tables compiled from public documents or other common sources)
Works by the U.S. government.
FACTS ABOUT COPYRIGHT PROTECTION
Which works are protected by copyright?
Which works are not protected by copyright?
en.wikipedia.org/wiki/Fair_use
FA I R U S E I S “A L I M I T A T I O N A N D E X C E P T I O N T O T H E E X C LU S I V E R I G H T G R A N T E D B Y C O P Y R I G H T L A W T O T H E A U T H O R O F A
C R E A T I V E W O R K . I N U. S . C O P Y R I G H T L A W, FA I R U S E I S A D O C T R I N E T H AT P E R M I T S
L I M I T E D U S E O F C O P Y R I G H T E D M A T E R I A L W I T H O U T A C Q U I R I N G P E R M I S S I O N F R O M T H E
R I G H T S H O L D E R S . ”
What is Fair Use?
en.wikipedia.org/wiki/Public_domain
WHAT IS PUBLIC
DOMAIN?“Works in the public domain are those whose intellectual property
rights have expired, have been forfeited, or are inapplicable. The
term is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is
referred to as “under license” or “with permission.”
Simply put, creative materials that are not protected by intellectual property laws, such as copyright, trademark, and patent laws are in the public domain. The public owns these works and anyone can use materials in the public domain without obtaining permission.
EXAMPL ES O F W OR KS IN THE PUBL IC DO MAIN
Shakespeare’s play, Macbeth
Beethoven’s Piano Sonata No. 14 in C-sharp minor "Quasi una fantasia", Op. 27, No. 2, better known as the Moonlight Sonata
Film, It’s a Wonderful Life,
Song, Yankee Doodle
Book, The Wizard of Oz
Homer’s epic, The Odyssey
www.westga.edu/~distance/ojdla/winter144/wiggins144.html
FAIR USE EXCEPTIONS
• Educators are privileged to use intellectual property without permission of the copyright holder. In addition, they may expand on it or use it to promote further knowledge.
• Congress permits educators to make “multiple copies for classroom use.”
• Fair Use Policy Exceptions were written to encourage the advancement of art, knowledge, and science.
www.westga.edu/~distance/ojdla/winter144/wiggins144.html
FAIR USE TEST
There are 4 important questions that will help educators decide whether or not to use a work: 1. What is the purpose of its usage? Is the purpose and character of the use of a commercial nature or is for nonprofit educational purposes? 2. What is the nature of its usage?3. What is the quantitative and qualitative amount of the work to be used?
4. What will the effect of its usage be on the market? Will you deprive the creator of income because of your use of their work?
Copyright and Fair Use Video
copyright.gov/history/lore/2004/jan04-lore.pdf
FUN FACTS
A Journal of Captain Hook’s Last Voyage to
the Pacific Ocean by John Ledyard was the first
book registered under a state copyright law.
copyright.gov/history/lore/2004/jan04-lore.pdf
JOHN LEDYARD
is known as the “the father of copyright law.” He is the
author of the 1st book registered under a state
copyright law. The book was titled, A Journal of Captain Hook’s Last Voyage to the
Pacific Ocean.
copyright.gov/history/lore/2004/jan04-lore.pdf
CONNECTICUT
In January 1783, Connecticut became the 1st
state to pass the 1st copyright law in the United
States of America.
copyright.gov/history/lore/2004/jan04-lore.pdf
THE YEAR THE 1ST FEDERAL COPYRIGHT LAW WAS ENACTED.
1790
copyright.gov/history/lore/2004/jan04-lore.pdf
FUN FACTS QUIZ
1. What is the name of the first book to be registered under a state copyright law? And who was the author?
2. Who is known as the father of copyright law?
3. What was the first state to pass the first copyright law in the United States of America? In what year?
4. In what year was the first federal copyright law enacted?
5. What was the only state of the 13 original states to not pass copyright laws of their own?
copyright.gov/history/lore/2004/jan04-lore.pdf
ANSWERS TO QUIZ
1. A Journal of Captain Hook’s Last Voyage to the Pacific Ocean; John Ledyard
2. John Ledyard
3. Connecticut; 1783
4. 1790
5. Delaware
RESOURCES
Copyright and Fair Use for Teachers
Creative Commons
U.S. Copyright Office
Fair Use Evaluator
Copyright Basics
Copyright Term and the Public Domain in the United States
YouTube Video: A Fair(y) Tale Use by Jas A