Learning About Copyright and Fair Use in the Digital Age Dr.
Steve Broskoske Misericordia University Click to advance.
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Which of the following items are copyrighted? A song you write.
A lesson plan you write. A book report written by a student. A
photo you take of your dog. A family home video. ALL of these are
copyright. Any creative work anyone produces is automatically
copyrighted, whether or not he/she registers the copyright
officially. It is that persons property. Continue
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Which of the following items are copyrighted? A map of
Yellowstone on the National Park Services Web site. A map on Google
maps. A map you draw of your neighborhood. Government-supplied
information is normally in the public domain. Continue
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Which of the following items are copyrighted? Original musical
scores written by Mozart. Peter Rabbit and friends books written by
Beatrix Potter. Mickey Mouse materials. 75 years after the death of
the author, the copyright expires on a work. It then moves to the
public domain. Current performance of this work would still be
copyrighted. Continue
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What About the Following? A video you create and publish on
YouTube. When you publish your creative work on a social networking
site, you agree to the sites copyright terms. Learn More About
YouTube and Copyright
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What Is Copyright? Copyright: A form of protection provided by
U.S. law to authors of original works. Gives author rights: Right
to reproduce and distribute work. Right to display or perform work
publicly. Right to prepare derivatives of original work.
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What Is Copyrighted? Any creative work anyone produces is
automatically copyrighted. You do not need a or any other notation.
To reserve the right to litigation, you can officially register
your copyright with the U.S. Copyright Office (through the Library
of Congress).
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Can Anything Not Be Copyrighted? 1.Facts: You can retype facts
from a copyrighted source. 2.Public domain: Government-provided
information. Works for which copyright has expired.
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Fair Use Guidelines Fair Use Guidelines are part of U.S.
Copyright Act. Allows teachers and students ability to use
copyrighted materials for educational purposes. Dont be fooled!
Quantitative rules are not part of the law. The only true test of
educational fair use is the U.S. court system.
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Fair Use Guidelines 1.Purpose and character of work. Must be
used for teaching/learning (not for recreation). 2.Nature of work.
Creative work vs. listing of facts. 3.Amount of work used. Major
factor! 4.Effect of use on marketplace. Major factor! Did use
result in lower income for author? Most important!
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What Can Teachers Do? You can make copies of copyrighted
material show a legal copy of a DVD or video (must be part of the
lesson plan) for instructional use only, as long as there is no
significant loss of revenue to author.
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What Can Teachers Do? Link to a video on YouTube or
TeacherTube. Use resources from online databases (like Ebsco Host).
Use Flickr and similar Web sites to find graphics with a Creative
Commons License. Use licensed video purchased by a school district
from sites such as United Streaming or Safari Montage.
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Creative Commons License Creative Commons is a recent
alternative to traditional copyright. Changes from all rights
reserved to some rights reserved (6 options to elect).
Creators/authors choose a set of conditions they wish to apply to
their creative work. Creative Commons is agreed upon by the
Internet community. Not run by the government.
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Creative Commons Options 1.Attribution Lets others distribute,
remix, tweak, and build upon your work, even commercially, as long
as they credit you for the original creation. 2.Attribution, Share
Alike Lets others remix, tweak, and build upon your work even for
commercial reasons, as long as they credit you and license their
new creations under the identical terms.
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Creative Commons Options 3.Attribution, No Derivatives Allows
for redistribution, commercial and non- commercial, as long as it
is passed along unchanged and in whole, with credit to you.
4.Attribution, Non-commercial Lets others remix, tweak, and build
upon your work non-commercially. Although their new works must also
acknowledge you and be non-commercial, they dont have to license
their derivative works on the same terms.
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Creative Commons Options 5.Attribution, Non-commercial, Share
alike This license lets others remix, tweak, and build upon your
work non-commercially, as long as they credit you and license their
new creations under the identical terms. Others can produce new
material based on your work. All new work based on yours will carry
the same license, so any derivatives will also be non-commercial in
nature.
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Creative Commons Options 6.Attribution, Non-commercial, No
derivatives Allows redistribution. Often called the free
advertising license because it allows others to download your works
and share them with others as long as they mention you and link
back to you, but they cant change them in any way or use them
commercially.
New Creative Commons Option Open Educational Resources New
option for creators/authors. Under development. To learn more:
creativecommons.org
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Questions 1.When can a teacher legally make copies of copyright
material? A teacher can make legal copies of copyright material for
instructional use only, as long as there is no significant loss of
revenue to author. View Answer
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Questions 2.What are Fair Use Guidelines? If a teacher is
questioned about violation of copyright law, these 4 guidelines
will be used to determine outcome of the case. The amount of work
used and loss of revenue to the author are considered heavily! View
Answer
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Questions 3.What is Creative Commons Licensing? Creative
Commons is a modern version of copyright, agreed upon by the
Internet community. It reserves rights of authors and creators.
View Answer
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Remember Use of duplicated copyrighted materials must be an
integral part of class, and must represent no significant loss of
revenue for the author. Duplicating entire copyrighted materials
for students instead of purchasing them is wrong. Creative Commons
is a new form of copyright accepted by the Internet community.
End