COPYRIGHT

BY ILIANA LOURIE
WHY COPYRIGHT? Legal protection
under the U.S.
copyright Act of
1976

Encourages
culture, science
and innovation

Copyright begins
with the
expression of any
qualifying work

Ideas not fixed in a

tangible medium
are not protected
by copyright.
Source: www.copyright.com
 PROTECTED VS. NOT PROTECTED
Protected by Copyright Not Protected by Copyright
o Literary works
o Titles, names, short phrases
o Computer software and slogans; familiar symbols
or designs, variations of
o Pictorial, graphic and ornamentations; listings
sculptural works
o Ideas, procedures, methods,
o Architectural works systems and concepts

o Sound recordings o Work consisting of natural

information or self-evident
o Audiovisual works facts

o Pantomimes and o Work in public domain

choreographic
o Works for which copyright
o Dramatic works and has expired
accompanying music

Source: www.copyright.com
 o It allows the use of
copyright-protected
works for certain
instances
FAIR USE o It is a defense to a
claim of copyright
infringement, but not
an exception
Some circumstances
include:
Commentary
Parody
News reporting
Research and education
(Not all)
Source: www.copyright.com

Image: library.osu.edu
 DETERMINING FAIR USE
Fair Use can be assessed considering the
following factors:
Purpose and Character of the
use
The nature of copyright-
protected work
The amount and
substantiality of the portion
used in relation to the
copyrighted work as a whole
The effect of use upon the
potential market for or value
of the copyrighted work
Is the work transformed? Profit
or nonprofit?
Is work published or
unpublished? Is the original
work out of print? Is it factual
or creative?
Is the amount of the original
work reasonable? Is the
section of the original work
used the most important part
of the work?
Does the new work appeal to
the same audience as the
Source: www.copyright.com
FAIR USE OR NOT?
You are showing a
clip of the movie Star
Trek to teach
students about Black
Holes.
Because the movie originally was created
principally to entertain, and since the
purpose of the streaming is educational,
the use is transformative and therefore
is a fair use
CC images
FAIR USE OR NOT?
A teacher wants to use a book
that is perfect to teach WWII,
but realizes it is very expensive
and students cannot afford it.
He decides to post it online for
the students to access for free.

CC images

This is not a fair use because it is not transformative.

Solution: The teacher must ask the

library to try to purchase a license from the
copyright owner to permit the copying.
FAIR USE OR NOT?
The art teacher wants students
to examine the work of a
contemporary painter. She posts
20 pieces of work from the artist
for students to analyze.

CC images

This is not fair use because it has a larger

amount than allowed.

Solution: The teacher can be safe by

sharing no more than 5 pieces of work
from the same artist.
COPYRIGHT AND FAIR USE
GUIDELINES FOR TEACHERS
These guidelines provide specific descriptions of
what is allowed and not allowed for several
mediums. These mediums include:
o Printed Material
o Illustrations and Photographs
o Video (for viewing and for integration into
multimedia or video projects)
o Music
o Computer Software
o Internet
o Television
o Its important to read the fine print.

Source: www.halldavidson.com
 If you want to use
copyrighted work:
BASIC
COPYRIGHT
FLOWCHART Create
Create
your
your
own
own If not
possible:

Can
Can you
you Search
Search
Claim?
Claim? for
for
If you cant find Fair
Fair Public
Public
what you want: Use
Use Domain
Domain

Search
Search in
in
Creative
Creative
Common
Common
ss

Source: www.langwitches.org
USING COPYRIGHT-
PROTECTED CONTENT
o U.S. copyright law applies equally to both digital
and non-digital works.
o Unique digital uses of content like scanning and
on-line linking may require permission from the
copyright owner of that content.
o Some work may contain content from multiple
copyright holder and my require authorization
from each one.
o Simply acknowledging the source of content
does not substitute copyright permission.

Source: www.copyright.com
THE DIGITAL MILLENNIUM
COPYRIGHT ACT (DMCA)

o Passed in 1998 to address issues that are

unique to digital copyright.
o Forbids circumvention of digital protections
and protecting copyright management
Requirements of the DMCA
Appoint an agent to receive reports of copyright
infringement
Develop and post a copyright policy.
Comply with take down requests.
Apply measures to protect content and information
Use only lawfully acquired copies of copyrighted
works
Source: www.copyright.com
THE TECHNOLOGY,
EDUCATION, AND COPYRIGHT
HARMONIZATION (TEACH) ACT
o Signed on November, 2002 as a negotiation
among academic institutions, publishers, library
organizations and Congress.

o The purpose of the TEACH Act is to provide a

similar experience for students enrolled in
distance education programs to that of the
students in the classroom.

o The TEACH Act does not address course packs, e-

reserves or digital library resources.

Source: www.copyright.com