Fair Use in Education

Published on Nov 18, 2015

Copyright and Fair Use in Education

PRESENTATION OUTLINE

Copyright and Fair use

IN EDUCATION
Photo by Leo Reynolds

U.S. Copyright Law

GIVES CREATORS A RIGHT...
Copyright is "a form of legal protection given to the creators of "original works of authorship," including literary, dramatic, musical, and artistic works. U.S. copyright law generally gives the author of an original creative work an exclusive right to reproduce (copy) or distribute the original work to the public, create new works based upon the original work, and perform or display the work publicly."

Learn more about copyright here: http://www.teachingcopyright.org/handout/copyright-faq
Photo by John-Morgan

A RIGHT TO DECIDE HOW THEIR WORKS ARE USED, COPIED, DISTRIBUTED, AND ADAPTED.

Photo by Horia Varlan

Ideas cannot be copyrighted.

ONCE YOU EXPRESS AN IDEA IN TANGIBLE FORM, IT'S COPyRIGHTED.

Fair Use:

A LIMITATION OF THE COPYRIGHT LAW.
"One of several legal limitations on the exclusive rights granted to copyright owners. Fair use permits a second user to copy part or all of a copyrighted work under certain circumstances, even when the copyright holder has not given permission or even objects to that use of the work. Courts evaluate fair use claims case-by-case relying primarily on four factors: the purpose and character of the use of copyrighted work, the nature of the original work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the original work."

Learn more about Fair Use here: http://www.teachingcopyright.org/handout/fair-use-faq

Adams 12 Fair Use Checklist: http://goo.gl/vE3dKf
Photo by John Foxx

in a fair manner.

FAIR USE ALLOWS YOU TO USE A COPYRIGHTED WORK
Photo by skycaptaintwo

PERMISSION IS NOT NEEDED.

IF YOUR USE IS A FAIR USE,

Some uses of coprighted works

THAT FALL UNDER FAIR USE ARE...
Photo by Leo Reynolds

SCHOOLWORK AND EDUCATION, NEWS, REPORTING, CRITICIZING AND COMMENTING, COMEDY AND PARODY

Photo by cybrarian77

cOURTS LOOK AT FOUR FACTORS

WHEN DECIDING IF A USE IS A FAIR USE.
Photo by Leo Reynolds

DID YOU TRANSFORM THE ORIGINAL & ADD VALUE OR JUST COPY IT?

nATURE OF THE WORK:

IS IT FACTUAL? CREATIVE? CONSUMABLE?

aMOUNT USED:

DID YOU USE ONLY THE AMOUNT NEEDED?

aMOUNT USED:

DID YOU USE ONLY THE AMOUNT NEEDED?

EFFECT ON THE MARKET OR VALUE:

Photo by c_ambler

ARE YOU TAKING SOMEONE'S PROFITS?

Photo by c_ambler

PUBLIC DOMAIN?

WHAT ABOUT THE
Great public domain site for photos: http://pixabay.com/
Photo by Marco Gomes

wORKS IN THE PUBLIC DOMAIN

ARE  NOT OWNED BY ANONE AND CAN BE USED FREELY.
"Works that are not restricted by copyright and do not require a license or fee to use. Works can enter the public domain automatically because they are not copyrightable, be designated in the public domain by the creator, or become part of the public domain because the copyright term has expired."

Learn more about the Public Domain here: http://www.teachingcopyright.org/handout/public-domain-faq
Photo by Jupiterimages

WHY IS THIS IMPORTANT?

Photo by Jupiterimages

COPYRIGHT LAW PERMITS USE

OF COPYRIGHTED WORK UNDER CERTAIN CONDITIONS...
Photo by kevin dooley

bUT, VIOLATING COPYRIGHT

IS STILL COPYRIGHT INFRINGEMENT.
What's copyright infringement? "A violation of the exclusive rights of a copyright holder, such as copying, distributing, or performing the copyright owner's work without permission unless the use is otherwise authorized by law."

Photo by Per Jensen

Citing a source or giving crediT

DOESN'T NECESSARILY PROTECT YOU.
It doesn't protect you...but you still need to cite your sources and give credit to the creator.
Photo by sukisuki

WHAT SHOULD YOU DO?

Photo by Eleaf

DETERMINE FOR YOURSELF IF YOUR USE IS A FAIR USE.

Photo by Donnay

BUT, IF YOU WERE CHALLENGED, THE COURTS WOULD DECIDE.

Want a real life example?
http://goo.gl/aSbGbU
Photo by vgm8383

KNOW THE COPYRIGHT OF YOUR WORK, AND PROVIDE A LINK TO THE COPYRIGHT LICENSE.

Some licenses give permission to use a work, like Creative Commons. This is a kind of copyright that makes it easy for people to copy, share, and build on someone’s creative work—as long as they give the creator credit for it.
Photo by John Foxx

USE WORKS IN THE PUBLIC DOMAIN THAT CAN BE USED FREELY.

Remember, a work in the public domain is a creative work
that’s not protected by copyright and is therefore free for one to use. http://pixabay.com/
Photo by geezaweezer

CREATIVE COMMONS.

USE WORKS FROM THE 
Works in the Creative Commons have a pubic copyright license. Learn more about Creative Commons here: http://creativecommons.org/videos/wanna-work-together.

Some of my favorite places for photos and music:

Creative Commons: http://search.creativecommons.org/

Photo Pin: http://photopin.com/


You Tube Audio Library: http://www.youtube.com/audiolibrary

Vimeo: http://vimeo.com/musicstore


Dig CC Mixter: http://dig.ccmixter.org/


Jamendo: http://www.jamendo.com/en/search

If a work has a Creative Commons license, that license is clear about what you can and cannot do: http://www.flickr.com/photos/venosdale/12048786874/in/set-72157639284641376. You can see more here: http://creativecommons.org/licenses/
Photo by karindalziel

THERE ARE HUNDREDS OF MILLIONS OF WORKS-PHOTOS, MUSIC, AND MORE-AVAILABLE IN THE CREATIVE COMMONS. YOU CAN USE THOSE WORKS FREELY AND LEGALLY IF YOU FOLLOW THE LICENSE GUIDELINES.

What do the licenses mean? creative commons licensed (BY-NC-ND) flickr photo by venspired: http://flickr.com/photos/venosdale/12048786874

Why is it important?
creative commons licensed (BY-NC-ND) flickr photo by venspired: http://flickr.com/photos/venosdale/12042191605

Learn more here: http://creativecommons.org/about


Photo Credit: creative commons licensed (BY-SA) flickr photo by qthomasbower: http://flickr.com/photos/qthomasbower/3640362081

Give Credit to Photographers

CC PHOTOS ON FLICKR ARE VERY EASY TO ATTRIBUTE!
Learn more here how to do it yourself:
https://www.smore.com/na7fp-attributing-cc-photos

Or, use a CC Flickr Attribution Tool:
http://cogdog.github.io/flickr-cc-helper/


Photo by 55Laney69

Get permission

FROM THE COPYRIGHT OWNER.
If something isn't in the public domain or doesn't have a public license, get permission from the copyright owner.

How Do I Get Music Copyright Permission?
http://schoolvideonews.com/Copyright/How-Do-I-Get-Music-Copyright-Permissio...
Photo by striatic

always cite your sources

AND GIVE CREDIT TO THE COPYRIGHT OWNER.
-Check out this MLA Reference Guide to see how to format your bibliography: https://skydrive.live.com/view.aspx?resid=105696C4BC0FB6D1!150&app=WordPdf&...

-If your teacher allows Easy Bib, use it...it's built into our Google Apps for Education.

Upgrade to the paid version of Easy Bib at MRHS here: https://docs.google.com/a/adams12.org/document/d/1RnfZTNbtWKTWO8bE4YZskDaDW...

More citation help: https://sites.google.com/a/adams12.org/t_larue/citing-sources

Any more questions?

VISIT YOUR LIBRARY FOR THE ANSWERS.
MRHS Library Website: http://dft.ba/-tlarue
Photo by RichGrundy

Tricia LaRue

Haiku Deck Pro User