EDN 303 Instructional Technology Copyright Unit Instructor - Jeff Ertzberger.

EDN 303EDN 303Instructional TechnologyInstructional Technology

Copyright UnitCopyright Unit

Instructor - Jeff ErtzbergerInstructor - Jeff Ertzberger

Questions…Questions…

What is copyright?What is copyright?Why do teachers need to Why do teachers need to

be concerned about it?be concerned about it?

What is copyright?What is copyright?

Surprisingly copyright was created to Surprisingly copyright was created to benefit society at large, not just to benefit society at large, not just to protect the authors of the material.protect the authors of the material.

©©

Why Copyright Something?Why Copyright Something?

There are exclusive rights of There are exclusive rights of copyright owners [i.e. to make copyright owners [i.e. to make copies, create derivative works, copies, create derivative works, distribute the works, display, perform, distribute the works, display, perform, etc.]. etc.].

What is Fair Use?What is Fair Use?

There is a special category under the law There is a special category under the law known as "fair use." The concept, which known as "fair use." The concept, which first formally appeared in the 1976 first formally appeared in the 1976 Copyright Act, allows certain groups to use Copyright Act, allows certain groups to use intellectual property deemed to benefit intellectual property deemed to benefit society as a whole, e.g., in schools for society as a whole, e.g., in schools for instructional use. instructional use.

To determine if something falls under this To determine if something falls under this category weighing and balancing tests are category weighing and balancing tests are required to determine what is allowed and required to determine what is allowed and what is not. The four factors in these tests what is not. The four factors in these tests are…are…

Four Statutes of Fair UseFour Statutes of Fair Use

1) purpose of the use1) purpose of the use (for profit or non-profit) (for profit or non-profit)

2) the nature of the work2) the nature of the work ( (the nature of the copyrighted work: the nature of the copyrighted work: Is the copyrighted work published or unpublished? Published works are Is the copyrighted work published or unpublished? Published works are

more likely to be considered fair use. more likely to be considered fair use. Is the original work out of print? Out of print works are more likely to be Is the original work out of print? Out of print works are more likely to be

considered fair use. considered fair use. Is the copyrighted work factual or creative? Factual works are more Is the copyrighted work factual or creative? Factual works are more

likely to be considered fair use.likely to be considered fair use.

3) the portion used3) the portion used (Not only the amount but the relative value (Not only the amount but the relative value of the portion. Is it the most important part, does having that part of the portion. Is it the most important part, does having that part make the rest of the item relatively worthless.)make the rest of the item relatively worthless.)

4) effect on the market. 4) effect on the market.

What are Fair Use Guidelines?What are Fair Use Guidelines?

Due to the balancing test in the statute, a Due to the balancing test in the statute, a number of groups have developed fair use number of groups have developed fair use guidelines to help in evaluating what guidelines to help in evaluating what constitutes fair use.constitutes fair use.

These are not actual laws, but widely These are not actual laws, but widely accepted interpretations of what fair use accepted interpretations of what fair use of certain material would be.of certain material would be.

One of the most widely know is from the One of the most widely know is from the Conference on Fair Use.Conference on Fair Use.

Fair Use Guidelines Cont..Fair Use Guidelines Cont..

It should be noted that these guidelines It should be noted that these guidelines are not law. By following these guidelines, are not law. By following these guidelines, the likelihood of prevailing in a copyright the likelihood of prevailing in a copyright infringement case may be increased due infringement case may be increased due to your good faith attempts to apply the to your good faith attempts to apply the weighing and balancing test.weighing and balancing test.

You should consult your local school You should consult your local school administration for their current copyright administration for their current copyright guidelines.guidelines.

Copyright MythsCopyright Myths

It doesn’t have a copyright notice, so I It doesn’t have a copyright notice, so I don’t need permission.don’t need permission.Wrong, it doesn’t have to.Wrong, it doesn’t have to.

If I give credit, I don’t need permission. If I give credit, I don’t need permission. This protects you from plagiarism, not This protects you from plagiarism, not

copyright infringement.copyright infringement. I am not charging for it, so I don’t need I am not charging for it, so I don’t need

permission.permission.Profit is only one of the fair use analysisProfit is only one of the fair use analysis


I am only using a small portion, so I don’t I am only using a small portion, so I don’t need permission.need permission.Again, amount is only one factor of fair useAgain, amount is only one factor of fair use..

I am going to change and adapt the work, I am going to change and adapt the work, so I don’t need permission.so I don’t need permission.Derivative works are an express right of the Derivative works are an express right of the

copyright holder.copyright holder.


I found it posted anonymously on the I found it posted anonymously on the Internet, so I don’t need permission.Internet, so I don’t need permission.Copyright protects anonymous works Copyright protects anonymous works

published without notice.published without notice. It is in the public domain, so I don’t need It is in the public domain, so I don’t need

permission.permission.Public domain can be very, very hard to Public domain can be very, very hard to

determine.determine.


I can get permission later.I can get permission later.Nope, the copyright holder can refuse you a Nope, the copyright holder can refuse you a

license.license. I am using it for nonprofit educational use, I am using it for nonprofit educational use,

so I don’t need permission.so I don’t need permission.There is no “teacher” exception. Use of work There is no “teacher” exception. Use of work

is just one factor to consider under fair use.is just one factor to consider under fair use.

Fair Use Side

Figuring it out….Figuring it out….Find the media you would like to use with your lesson.

Does it pass the four statutes of Fair Use?

Follow Fair Use Guidelines to see if it is appropriate to use and how much of it should be used.

I did they said Yes

Find something else to use. Or

move to Fair Use Side.

Check your School District Copyright Policy

Use It. - Are you now legally protected? In the strictest sense no, but you have certainly done the best you could.

See The Good Faith Defense, Section 504 (c) (2).

Can you write and get permission to use it?

Use it and be happy.

Yes

I did they said No

No

NoYes Find Something Else to Use.

Let’s take a little copyright quizLet’s take a little copyright quiz

On a blank sheet of paper write true or On a blank sheet of paper write true or false, or the short answer to each false, or the short answer to each question.question.


You create a poem, or a piece of music You create a poem, or a piece of music one night. Do you immediately own the one night. Do you immediately own the copyright to this or must you register it?copyright to this or must you register it?Answer = Yes, you immediately own the Answer = Yes, you immediately own the

copyright to it. You don’t even need to put the copyright to it. You don’t even need to put the copyright symbol on it. Registering it only copyright symbol on it. Registering it only gives you certain rights, like being able to sue gives you certain rights, like being able to sue someone for copying, distributing it, or someone for copying, distributing it, or displayingdisplaying it. If you make it, it is yours.it. If you make it, it is yours.

Questions…Questions… QuestionQuestion

You want to show a video you got from You want to show a video you got from blockbuster that ties in with your lesson is that blockbuster that ties in with your lesson is that Fair Use?Fair Use?

Answer = Yes, as long as the entire part of the Answer = Yes, as long as the entire part of the movie you shows fits with your lesson. movie you shows fits with your lesson. You You cannot show a movie for reward or cannot show a movie for reward or entertainment.entertainment. Best if it is a factual movie, Best if it is a factual movie, about real life events instead of strictly about real life events instead of strictly fictional, and you only use the portion that you fictional, and you only use the portion that you need. Always write and ask for permission need. Always write and ask for permission when possible.when possible.


QuestionQuestionYou want to show a video you recorded off You want to show a video you recorded off

of NBC that ties in with your lesson on WW of NBC that ties in with your lesson on WW II.II.

Answer = You can show it for 10 days, Answer = You can show it for 10 days, then must purchase it. See NBC Copyright then must purchase it. See NBC Copyright Guidelines. You can of course write and Guidelines. You can of course write and ask for permission.ask for permission.


QuestionQuestionYou want to show a video you recorded from the You want to show a video you recorded from the

History channel that ties in with your lesson on History channel that ties in with your lesson on WW II.WW II.

Answer = again 10 days, then must purchase. Cable Answer = again 10 days, then must purchase. Cable channels can make any rules they wish, unlike broadcast channels can make any rules they wish, unlike broadcast channels which must give you 10 days. Also, try writing channels which must give you 10 days. Also, try writing and asking for permission.and asking for permission.

See History Channel Copyright Guidelines some See History Channel Copyright Guidelines some programs are designated for teacher use and have long programs are designated for teacher use and have long use time frames for teachers.use time frames for teachers.


QuestionQuestion Your library has a video on snakes you want to Your library has a video on snakes you want to

show in conjunction with a lesson you are show in conjunction with a lesson you are teaching.teaching.

Answer – As long as it applies to the lesson, and Answer – As long as it applies to the lesson, and you only use what you need, your should be fine.you only use what you need, your should be fine.

School libraries often have videos that have a School libraries often have videos that have a performance license included in their purchase. performance license included in their purchase. Talk to your librarian.Talk to your librarian.


QuestionQuestion A teacher across the hall from you has an A teacher across the hall from you has an

awesome worksheet on fractions. She doesn’t awesome worksheet on fractions. She doesn’t know where it came from.You make copies and know where it came from.You make copies and give it to your students. Is this fair use?give it to your students. Is this fair use?

Answer – Probably not, unless you can find where Answer – Probably not, unless you can find where it came from and they gave permission. Go to it came from and they gave permission. Go to www.abcteach.com their print outs are free.www.abcteach.com their print outs are free.


You create a PowerPoint to use with your class that You create a PowerPoint to use with your class that uses a few pictures and sounds from the web. You do uses a few pictures and sounds from the web. You do not credit where you got the media from. Is this OK?not credit where you got the media from. Is this OK?

Answer – No, the Fair Use Guidelines state that you must Answer – No, the Fair Use Guidelines state that you must provide a reference for material used. It is always good to write provide a reference for material used. It is always good to write and ask for permission to you. As long as you reference the and ask for permission to you. As long as you reference the owner you are able to create the presentation. You cannot owner you are able to create the presentation. You cannot distribute your PowerPoint without permission of the copyright distribute your PowerPoint without permission of the copyright holder.holder.


You download some music from the Internet and want to use You download some music from the Internet and want to use it in your lesson on another culture.it in your lesson on another culture.

Answer – need more info. Fair Use Guidelines say you must Answer – need more info. Fair Use Guidelines say you must have a legally obtained copy which have a legally obtained copy which means the music had to have no copyrightmeans the music had to have no copyrightor you had to purchase the music off the internet. or you had to purchase the music off the internet.

Second, you should only use the part of the musicSecond, you should only use the part of the musicthat goes with your clip.that goes with your clip.

Playing a legal music download or CD in the background of Playing a legal music download or CD in the background of your class is probably OK, as long as you do not distribute your class is probably OK, as long as you do not distribute copies of the music.copies of the music.

Helpful DocumentsHelpful Documents

Below is a copyright checklist that will help Below is a copyright checklist that will help you determine if something can be used you determine if something can be used under fair use:under fair use:http://www.copyright.iupui.edu/checklist.pdfhttp://www.copyright.iupui.edu/checklist.pdf

Below is a link to the most understandable, Below is a link to the most understandable, Fair Use Guidelines documentationFair Use Guidelines documentation..

What to do…What to do…

In your presentations, place a statement at In your presentations, place a statement at the front of the presentation that says:the front of the presentation that says:

This presentation created under fair This presentation created under fair use guidelines.use guidelines.

What to do…What to do…

Then at the end of your presentation site where Then at the end of your presentation site where you got pictures, sounds, etc.you got pictures, sounds, etc.

Example: Example: Slide 1 – Image of Bear – by Dan Boomer, 1997, Slide 1 – Image of Bear – by Dan Boomer, 1997, www.imagesalive.com/bears/www.imagesalive.com/bears/

Use the free citation machine for how to cite objects you find.Use the free citation machine for how to cite objects you find.

http://www.landmark-project.com/citation_machine/cm.phphttp://www.landmark-project.com/citation_machine/cm.php

PlagiarismPlagiarism

All this talk about choosing media does All this talk about choosing media does bring up the topic of Plagiarism. New bring up the topic of Plagiarism. New media has made it easier than ever to media has made it easier than ever to plagiarize a work.plagiarize a work.

PlagiarismPlagiarism Nothing New – Just Easier Now with TechnologyNothing New – Just Easier Now with Technology

What can you as a teacher do?What can you as a teacher do? Talk with your students about Plagiarism. Show them Talk with your students about Plagiarism. Show them

you know that the sites are out there, and you know how you know that the sites are out there, and you know how to check for them.to check for them.

Design assignments that force creative thinking and Design assignments that force creative thinking and higher order thinking skills. Such as compare and higher order thinking skills. Such as compare and contrast. contrast.

To learn more go to: To learn more go to: http://eduscapes.com/tap/topic24b.htmhttp://eduscapes.com/tap/topic24b.htm

ReferencesReferences

Information in this PowerPoint came from several locations.Information in this PowerPoint came from several locations. Copyright Basics – David L. Harrison, University of North Copyright Basics – David L. Harrison, University of North

Carolina Office of the President.Carolina Office of the President. Recommend Sites to Visit:Recommend Sites to Visit:

http://www.uncw.edu/www/copyright.htmlhttp://www.uncw.edu/www/copyright.html Eileen Goldgeier, General Counsel, Office of the Eileen Goldgeier, General Counsel, Office of the

Chancellor, UNC- Wilmington.Chancellor, UNC- Wilmington. The Technology & Learning Magazine Oct. 2002 edition.The Technology & Learning Magazine Oct. 2002 edition. Hall Davidson, Hall Davidson, www.www.Halldavidson.netHalldavidson.net This information is provided as news commentary, it is This information is provided as news commentary, it is

not in any way legal advice. not in any way legal advice.

EDN 303 Instructional Technology Copyright Unit Instructor - Jeff Ertzberger.

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Transcript of EDN 303 Instructional Technology Copyright Unit Instructor - Jeff Ertzberger.