Introduction to Copyright, Fair Use, Public Domain and Creative Commons.

1. Copyright, Fair Use &
Creative Commons

2. Questions
 Do I need permission to use this?
 If it’s on the web, can anyone use it?
 Should I cite the source?
 If there’s no © symbol, can I copy it?
 I’m in education, so isn’t everything I do
considered fair use?
See “Brief Notes: Copyright for Students” at http://tinyurl.com/briefnotes

3. stljfl.org
Fair Use
flickr.com/photos/kimberlyfaye
Copyright Law
flickr.com/photos/library_of_congress
Public Domain
Creative Commons
www.creativecommons.org
Four Concepts Guide
Decisions

4. Why Should You Care?
 Ethical Decision
 Modeling the ethical use of media &
technology for students
 It’s the Law
 Criminal penalties up to 1 yr in jail
 Civil liability for damages & profits
• judge’s discretion up to $50,000
 Personal liability–your job

5. Copyright
Exclusive legal right to decide how, when, and
where a work can be reproduced.
Covers text, music, pictures, video, computer code,
sculpture, architecture, & other intellectual works
• Established as soon as a work becomes tangible
• Does not cover facts or ideas, but does protect the “unique
expression” of them
Files On Record: http://www.loc.gov/teachers/copyrightmystery

6. Copyright Protection
 Does not require registration
 Does not require the display of © symbol
 Was not intended to stifle creativity
 Does not exempt teachers or students
 “Fair Use” applies to limited portions & circumstances

7. Ownership
as defined by the 1976 Copyright Act:
 Author’s life + 70 years
 Work For Hire:
 120 years from creation
 95 years from publication
 Works published prior to 1978
 28 years; can be renewed up to 95 years
Copyright Basics: http://www.copyright.gov/circs/circ1.pdf

8. Public Domain
 Can be used freely & without permission
 Works for which copyright ownership has expired
 Facts or ideas (but not their unique expression)
 Works by US government employees as part of their job
(includes .gov sites such as nasa.gov or noaa.gov)

9. Fair Use
Concepts & guidelines
as defined by 1976 Copyright Act
stljfl.org

10. “Fair Use” of Media
A legal concept that applies to…
 Personal use (like iTunes & its DRM)
 Teaching & learning
 News reporting
 Parody
 Critical comment
www.copyright.gov

11. Purpose of Fair Use Guidelines
 Balance the rights of individuals
 Recognize different needs
 Define legitimate use without permission
 Not simply to avoid purchasing
 Define acceptable terms of use
 Specify portion limitations

12. Updated: Teach Act of 2002
 1998: congress asked to facilitate digital
technologies in distance education
 2002: law allows fair use over a secure network
such as ICN or Learning Management Systems
 Distribution via open networks still prohibited
ICN images from iptv.org

13. 4 Criteria Determine Fair Use
1. Purpose & character of the use
2. Nature of the copyrighted work
3. Amount used in relation to the whole
 Portion limitations
4. Effect of the use upon potential market value
 Limited or no distribution allowed
www.iowaaeaonline.org | www.copyright.gov

14. Fair Use applies when…
...using without permission,
…portions,
...of lawfully acquired works,
...in educational multimedia projects,
...created by teachers or students,
...as part of systematic instruction,
...within nonprofit educational institution,
…with limited or no distribution.

15. BriefNotes: Copyright for
Students
http://tinyurl.com/briefnotes

16. Text Material
 Up to 10% or 1000 words (whichever less)
 10% or 2 pages from short children’s book
 Poems
 Up to 250 words (entire poem if <250 words)
 No more than 3 poems by one poet or 5 poems from
single anthology.

17. Photos & Illustrations
 No more than 5 images by one artist
 No more than 10% or 15 images (whichever less)
from one collection
 Can alter if it supports instructional outcome
 Must cite the source where
image is used – on the same page
Linktribute!
Image used with permission from pics4learning.com

18. Audio & Video
Audio or music video
 10% or 30 seconds (whichever less)
Video
 10% or 3 minutes (whichever less)

19. Videotaping
 Only open broadcast or basic cable television
 No premium cable channels
 10/45 day rule
 Transmission only via secure network

20. Summary Points: Fair Use
 Open distribution generally prohibited (www)
 Using portion of work in limited circumstances
 Projects may be reused for instructional
purposes for 2 years after initial use
 Students & teachers can retain longer for portfolios
 Assume something is copyright-protected
 Look for terms of use statement

21. Copyright Public
Domain
Creative
Commons
creativecommons.org
search.creativecommons.org

23. Creative Commons
Licenses grant permission to:
 copy the work
 make derivative works
 distribute the work
 profit from the work
www.creativecommons.org/about

24. Creators choose conditions
www.creativecommons.org/about/licenses

25. Flickr.com – Compare the
licenses

27. CC Search Engines
search.creativecommons.org

28. www.iowaaeaonline.org

29. www.iowaaeaonline.org

30. Iowa AEA Online Terms &
Conditions
 AP Images
 Prohibits use on web, newsletters, etc
 iCLIPART for Schools
 Allows use on your websites
 Specific citation format requested
 World Book
 Can’t use on websites without first seeking permission
 Only links to their home page allowed (no deep linking)

31. You can always request to do
more
 Obtain written consent from copyright owner
 May not be a time-consuming process (e-mail)
 Be specific, don’t request blanket permission
 Templates:
http://tinyurl.com/2dznwj
http://tinyurl.com/24okpx

32. Frazz
www.comics.com

33. Letter to Frazz
Mr. Mallett (I'd call you Jef but I don't know you);
I really appreciate the subtle humor (and blatant
humor) in your comic.
I am a professor of Instructional Technology at the
University of Northern Iowa. I would like to use your
Feb 22, 2005 comic to show how a teacher might use
a comic to start a discussion.
May I have permission to display it in my lectures?
Thank you,
Leigh

34. Jef Mallet
Yow! Just in the nick of time -- sorry I'm slow
getting to my e-mail (I suppose it's a good thing it
piles up so fast, but still).
Absolutely, I'd be flattered if you used it in your
lectures. Huge thanks!
And definitely, call me Jef. You know me well enough.
Jef

35. Summary
 Copyright Law
 Protection assumed once tangible form exists
 Fair Use Guidelines for Teachers & Students
 Portions of works may be used in limited circumstances
 Does not permit distribution on an open network
 Creative Commons
 Some rights reserved, consult the individual license
 Iowa AEA Online (and other sources)
 Consult individual terms & conditions