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Giving Credit Where Credit is DueCOPYRIGHT, FAIR USE, AND CREATIVE COMMONS : MUST -KNOWS FOR THE
MEDIA LITERACY EDUCATOR July 2011
Fair Use
Creative CommonsCo
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Appreciation
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http://www.flickr.com/photos/54921133@N08/5904899665
http://www.flickr.com/photos/kevinkrejci/5907196790/
As we depend more and more on the Internet for
information, we need to remember…
even if you find it on the Web, it still belongs to the person
who created it.
And, the ownership of these creations is protected under
the U.S. Copyright Law.
These types of work are protected under the law.
• Literary works• Musical works• Dramatic works• Pantomimed and choreographed works• Pictorial, graphic, and sculptured works• Motion pictures and audiovisual works• Sound recordings
How does a piece of work qualify for copyright protection?
It must be
ORIGINALCREATIVE TO A MINIMAL DEGREEIN A FIXED OR TANGIBLE FORM OF
EXPRESSION
http://www.flickr.com/photos/mikeblogs/3020966666
Watch out…Just because it doesn’t say “copyright” doesn’tmean it isn’t.Works created before 1989 require the
copyright notice.Since 1989 works do not have to have the
copyright notice, but they are still protected under the law.
It begins with its creation and ends 70 years after the death of the creator.
So, you find a great photograph on the internet you would like to use in your lesson….Do you have to askthe creator permissionto use it?
http://www.flickr.com/photos/csessums/828692131/in/photostream
FAIR USE is the right of the public to make reasonable use of copyrighted material in
special circumstances without the permission of the owner of the work.
The Copyright Act of 1976 Section 107Allows the use of copyrighted materials without
written permission or payment when the benefit to society outweighs the cost to the copyright owner.
Explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research.
Four factors to considerwhen establishing if a use is
fair:1. The purpose and character of the use2. The nature of the copyrighted work3. The amount you want to use in
relation to the copyrighted work as a whole
4. The economic effect
(Balance the rights of the owners and users.)
Five questions to ask yourself when establishing if the use is fair:
1. Are you creating something new or just copying?2. Are you competing with the source you are
copying from?3. Does citing the work mean you do not have to ask
permission or you can use as much as you want?4. How much are you copying? 5. How important to the original is the material you
want to copy? The more you copy, the less likely it is really fair use.
General Guidelines Types of Media and Permissible Amounts
• Motion media: – Up to 10 percent of the total or three minutes, whichever is less.
• Text material: – Up to 10 percent of the total or 1,000 words, whichever is less. – An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by
different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work
• Music, lyrics, and music video: – up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work.
• Illustrations or photographs: – no more than five images from one artist or photographer. – no more than 10% or 15 images, whichever is less, from a collection.
• Numerical data sets: – up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table.
• Copying of a multimedia project: – no more than two copies may be made of a project.
http://www.edu-cyberpg.com/Teachers/copyrightlaw.html
FAIR USE
http://www.centerforsocialmedia.org/fair-use/videos/podcasts/fair-use-media-literacy-education
Please watch video for more information.
Public DomainThere are some materials not covered
bycopyright laws:
–Works whose copyright has expired–Works released to the public
domain by the creator–Government documents
CREATIVE COMMONS• An alternative to copyright• Allows the creators of pieces of work to grant
some or all rights to use their works to the public
• Avoids problems with copyright laws when sharing creative works
• Creators choose how to share their works• Allow you to exchange, share, access, and
modify works
CREATIVE COMMONS
http://creativecommons.org/videos/wanna-work-together
Please watch video for more information.
Attribution
You let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request.
.Share Alike
You allow others to distribute derivative works only under a license identical to the license that governs your work.
No Derivative WorksYou let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.
Non Commercial You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for non commercial purposes only.
Creators’ ChoicesHow do they want to share their works?
http://creativecommons.org
CC offers Six Types of Licenses
Attribution
Attribution Share Alike
Attribution No Derivatives
Attribution Non-Commercial
Attribution Non-Commercial Share Alike
Attribution Non-Commercial No
Derivatives
http://creativecommons.org
Places you can find works using CC….
http://www.Flickr.com/creativecommons/http://commonswikimedia.org/wiki/Main_Pagewww.jamendo.comwww.ccmixer.org
Practice what you preach; preach what you practice.
Become good stewards of creative works, both yours and others.
Give credit where credit is due – to the original creator of the work.
What Comes Next?
References and Resources• http://creativecommons.org• http://creativecommons.org/videos/wanna-work-together• http://flickr.com/creativecommons/• http://mediaeducationlab.com/code-best-practices-fair-use-media-literacy-educati
on-0• http://mediafestival.org/copyrightchart.html• http://office.microsoft.com/en-us/images/results.aspx?qu=screen+bean&origin=F
X101741979• http://www.centerforsocialmedia.org/fair-use
