TECHNOLOGY ETHICS: COPYRIGHT

-Adapted

from Brad Templetons Ten Big Myths About Copyright Explained and Fair Use Harbor http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm

WHAT IS COPYRIGHT?
http://mediaeducationlab.com/music-videocopyright-whats-copyright

The exclusive right of the creator of a work to control who can make copies or make works derived from the original work.

WHAT DOES COPYRIGHT PROTECT?

Any work of expression in fixed or tangible form.

BUT..

COPYRIGHT DOES NOT PROTECT

Ideas Names / Titles (McDonalds)

Public Domain (government documents)

Facts Short phrases

Logos and Slogans (Youre Fired!)

URLs / Web Addresses

COPYRIGHT MYTHS

If it doesnt have a copyright notice, its not copyrighted. If its on the Internet, its public domain Only if it is stated explicitly

SO HOW ARE EDUCATORS ABLE TO USE COPYRIGHTED MATERIALS?

FAIR USE.. If you work at a non-profit educational institution

FAIR USE

Fair Use allows you to use copyright materials without permission or payment when the BENEFIT of society outweighs the COST to the copyright owner.

FAIR USE

Fair use is using a portion of a copyright work for the purpose of criticism, news reporting, scholarship or education without permission of the author.

http://www.whatiscopyright.org

FAIR USE
Fair use was intended to protect your right to comment on someone elses copyrighted work or to educate about the work. (i.e., reporter, movie critic)

http://mediaeducationlab.com/music-videousers-rights-section-107

4 GUIDELINES FOR FAIR USE

-FROM THE CODE OF BEST PRACTICES FOR FAIR USE IN MEDIA LITERACY EDUCATION

Purpose and Character of the Use Transformative quality Have you changed the original material, using it in a new and different way? Purpose - Are you using the work for criticism, commentary, news reporting, scholarship or education? Commercial Will you be making money from the new material? Or is it intended for nonprofit, educational purposes?

4 GUIDELINES FOR FAIR USE

Nature of the Work Fair use is more likely to be covered when the original work is factual rather than creative, although the courts have held this factor less important when the copied work is TRANSFORMATIVE.

4 GUIDELINES FOR FAIR USE

Amount and substantiality used Generally, use only a portion of the work General rule of thumb = Use only as much as necessary Do not use the heart of the work

4 GUIDELINES FOR FAIR USE

Market effect

Are you using the copied work in a way that substitutes for the original work in the market? Am I profiting from use of the work? Am I providing a way for others to distribute the work unethically?

LAST IMPORTANT POINT:

Fair use favors ________uses that _____or _______the copyrighted act.

Ask yourself, did I TRANSFORM the material, or just copy it?

COPYRIGHT-FRIENDLY MEDIA SITES

www.creativecommons.org http://webquest.org/freemedia.php

FAIR USE OR NOT: YOU DECIDE

http://www.youtube.com/watch?v=sNHqX27hlz8 http://www.youtube.com/watch?v=CJn_jC4FNDo