Copyright for K-12 Librarians

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COPYRIGHT IN K-12Nickoal L. Eichmann / Research [email protected] / @NickoalEichmann

http://mrg.bz/Ah4NiX

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GOALS

To empower you to feel confident in your choiceswhen navigating Copyright and Fair Use issues by:

understanding the purpose of Copyrightknowing the difference between educationaland commercial useknowing when situations fall under Fair Use

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I AM NOT A LAWYER

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PURPOSE OFCOPYRIGHT

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PURPOSE OF COPYRIGHT

"To promote the Progress of Science and theuseful Arts, by securing for limited Times toAuthors and Inventors the exclusive Right totheir respective Writings and Discoveries."

Article 1, Section 8, Clause 8, U.S. Constitution

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WHAT'SPROTECTED?

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PROTECTED

WritingChoreographyMusicVisual ArtArchitectural Works

UNPROTECTEDUNPROTECTED

Ideas & TheoriesFacts & DataTitlesShort PhrasesPatents

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HOW ARE THINGSCOPYRIGHTED?

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COPYRIGHT 101COPYRIGHT 101

Protection in automatic once a work is fixedRegistration is not necessaryVery little creative originality is needed

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WHO IS THECOPYRIGHT

HOLDER?

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COPYRIGHT HOLDERS

The creator is usually the copyright holder.If two or more people create a work, they are jointcopyright holders, with equal rights.With some exceptions, work created as a part of aperson's employment is a "work made for hire"and the copyright belongs to the employer.Retain bundle of rights: reproduction, distribution,derivatives, performance and display, licensing

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LENGTH OFCOPYRIGHTS

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COPYRIGHTSCOPYRIGHTSLife of the author + 70 yearsJoint works: 70 years after death of last authorFor works for hire or anonymous works, 95years from publication or 120 years fromcreation, whichever expires first

PUBLIC DOMAINPUBLIC DOMAINUS: Works published before 1/1/1923Does not require permissionSee copyright.cornell.edu/resources/publicdomain.cfm

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BENEFITS OFCOPYRIGHT

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BENEFITSBENEFITS

Benefits the public by making creative works availableUnderstands that creators stand on the shoulder of giantsCreates economic markets for worksIt is flexibleLoves non-profit libraries and schools

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FAIR USE

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FAIR USEFAIR USE

Section 107, codified with the Copyright Act of 1976Determined on a case by case basisRequires one to think and make a judgmentYou may never know for sure that a use of acopyrighted work is fair or not

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YOUR LIABILITYYOUR LIABILITY

Unlikely that an educator would be taken to court,but still could happenSection 504(c)(2) limits statutory damages foralleged infringers who work at a non-profit,educational institutions11th Amendment : State/state agencies can’t besued for dollar damages by the federal government

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MEASURINGFAIR USE

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1. PURPOSE & CHARACTER1. PURPOSE & CHARACTEROF USEOF USE

Why do you want to use a copyright?Is the original work being transformed by addingnew expression or meaning?Was value added to the original by creating newinformation, new aesthetics, new insights, andunderstandings?

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www.pastemagazine.com/blogs/awesome_of_the_day/2011/05/celebrate-star-wars-day-with-these-sweet-propaganda-posters.html

www.boston.com/bostonglobe/editorial_opinion/outofline/2009/02/fair_use_vs_faireys_use.html

1. PURPOSE & CHARACTER1. PURPOSE & CHARACTEROF USEOF USE

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2. NATURE OF PUBLICATION2. NATURE OF PUBLICATION

What is the material that you’re using?Is it Factual or Fictional?Published or Unpublished?

Ex: Salinger v. Random House, 811 F.2d 90 (2d Cir. 1987)

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3. AMOUNT & SUBSTANTIALITY3. AMOUNT & SUBSTANTIALITY

Amount: Less is more (except in parody)Usually 10% ruleSubstantiality: Heart of a work or peripheral?

Case in parodies: Campbell v. Acuff-Rose Music (1994)

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4. EFFECT OF USE ON THE4. EFFECT OF USE ON THEPOTENTIAL MARKETPOTENTIAL MARKET

Does your use deprive the copyright owner income?Does it undermine a new or potential market for thecopyrighted work?

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FAIR USE GUIDELINESFAIR USE GUIDELINES

Motion Media: Up to 10 percent or 3 minutes, whicheveris less, of a single copyrighted motion media work.Text Material: Up to 10 percent or 1,000 words, whicheveris less, of a single copyrighted work of text.Music, Lyrics and Music Video: Up to 10 percent, but nomore than 30 seconds of music and lyrics.

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COPYRIGHTEXCEPTIONS

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COPYRIGHT EXCEPTIONSCOPYRIGHT EXCEPTIONS

Section 108 : allows libraries and archivists to makecopies for library users, interlibrary loan,replacement and preservationSection 109 : allows owners of locally acquiredcopies the right to distribute that copy (librarylending, used book stores, garage sales, etc.)

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COPYRIGHT EXCEPTIONSCOPYRIGHT EXCEPTIONS

Section 110 : allows teachers to display or performworks in the face-to-face classroom and in the digitalor distance education classroom via digital networksSection 117 : owner of a software program can makea backup copySection 121 : allows for the making of accessiblecopies for people with disabilities

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REAL-LIFESCENARIOS

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Q.Q.If I find it on the web, it's freeto use, right?

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Q.Q.If I find it on the web, it's freeto use, right?

A.A.No. All of the copyrightconcepts apply to electronicand printed materials.Remember that it is notnecessary to post a copyrightnotice for the author to haverights, even on the web.

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Q.Q.A teacher wants to give aclass an entire copy ofthe Canterbury Tales to usefor class. Will that infringe oncopyright?

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Q.Q.A teacher wants to give aclass an entire copy ofthe Canterbury Tales to usefor class. Will that thatinfringe on copyright?

A.A.It depends on annotations,translations, introductions,and editions. The CanterburyTales itself is in the PublicDomain.

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Q.Q.A teacher wants to use aYouTube copy of a TV showthat was not uploaded by thestudio. Is this ok?

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Q.Q.A teacher wants to use aYouTube copy of a TV showthat was not uploaded by thestudio. Is this ok?

A.A.No.Options:

Obtain the video onanother format.Search for another videothat makes your point

teachertube.com

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Q.Q.Can you make a photocopyand handout of a poem thatis in the Public Domain but isin an anthology that iscopyrighted?

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Q.Q.Can you make a photocopyand handout of a poem thatis in the Public Domain but isin an anthology that iscopyrighted?

A.A.Yes! The poem itself is in PublicDomain, and you're only usinga portion of the anthology.

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Q.Q.Since we don't have enoughtextbook for every student,our principal says it's fine toscan the book. Is this legal?

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Q.Q.Since we don't have enoughtextbook for every student,our principal says it's fine toscan the book. Is this legal?

A.A.No. Maybe your school doesn'thave enough money topurchase additional textbooks,but this would be copyrightinfringement.

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Q.Q.Can you download webimages for presentationslides without worryingabout breaking the law?

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Q.Q.Can you download webimages for presentationslides without worryingabout breaking the law?

A.A.Yes! Section 110(1) of Copyrightlaw allows teachers and pupilsto do this. The images shouldbe used strictly for non-profit,educational purposes in theface-to-face classroom,including professionaldevelopment.

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Q.Q.Is it fine to show a portion ofa video labeled for "HomeUse Only" in the classroom?

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Q.Q.Is it fine to show a portion ofa video labeled for "HomeUse Only" in the classroom?

A.A.Yes! Section 110(1) Title 17 ofCopyright states, "Thefollowing [is not an]infringement of copyright:performance or display of awork by instructors or pupilsin the course of face-to-faceteaching activities…"

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RECOMMENDATIONS

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RECOMMENDATIONSRECOMMENDATIONS

Tell people what they can do, before tellingthem what they cannot doAsk why? Why do you want to use thiswork in this way?Help make fair uses out of infringing usesMake decisions through the librarian lens

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THANK YOU!

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