U.S. Copyright
Office Fair Use, Copyright.gov
This website from the
United State4s government defines Fair Use as “a legal doctrine that promotes
freedom of expression by permitting the unlicensed use of copyright-protected
works in circumstances”. Examples
included are “criticism, comment, news reporting, teaching, scholarship, and
research”. Under Section 107 of the
Copyright Act, it outlines four questions for evaluating fair use:
1. “Purpose and character of the use, including
whether the use is of a commercial nature or is for nonprofit educational
purposes”: This is about how the courts
look at how copyrighted work is being used to claim fair use. It talks about how it is more likely to find
fair use in noncommercial uses and nonprofit education.
2. “Nature of the copyrighted work”: This factor discusses the difference between
what is more likely and less likely to support the claim of fair use. Imaginative and creative work (novels,
movies) are less likely and factual work (article, news) are more like to
support the claim of fair use. It also
talks about how the “use of an unpublished work is less likely to be considered
fair”.
3. “Amount of substantiality of the portion used
in relation the copyrighted work as a whole”:
This is about the quality and quantity of copyrighted work and how fair
use is more likely to be found if it includes a large portion of the
copyrighted work.
4. “Effect of the use upon the potential market
for or value of the copyrighted work”: This
factor discusses how the courts review if the “unlicensed use harms the existing
or future market for the copyright owner’s original work”.
It also mentions that
with the 4 factors above, other factors also can be considered by a court about
fair use. “This means that there is no
formula to ensure that a predetermined percentage or amount of a work-or
specific number of words, lines, pages, copies-may be used without permission.”
The Educator’s Guide to Copyright
and Fair Use: A five-part series
This
website takes you through how to handle copyright, new technologies and fair use
in a five-part series. The first series
is Copyrights and Copying Wrongs. This takes you through the copyright basics
and what is and isn’t copyright protected.
First, copyright is defined by dictionary.com as "the legal right granted to an
author, a composer, a playwright, a publisher, or a distributor to exclusive
publication, production, sale, or distribution of a literary, musical,
dramatic, or artistic work". One
rule of thumb provided is “when in doubt, ask permission”. The article also talks about how copyright
work is to be tangible and creative. If
it is tangible and creative, it is copyrighted.
The article states that many experts on copyright recommend “when in
doubt, assume a work is copyrighted and ask permission to use it” as a rule of
thumb.
The second series
talks about the question “Is Fair Use a
License to Steal?”. The article
states that “the fair use doctrine was created to allow the use of copyrighted
works for criticism and commentary, parody, news reporting, research and
scholarship, and classroom instruction”. This section also gives guidelines for
educators on what you can copy along with use of music, tv, and videotapes. For example, teachers are able to copy a
single chapter out of a textbook or a chart or graph.
The third series
talks about Copyright Laws and New Technologies. The article talks about the Internet and how
users can’t copy anything they find as most websites are copyright protected. The article also states that “print rights
and electronic rights are not the same thing”.
Many copyright situations are all about money. Copying someone else’s work for financial
gain is considered copyrighting. The
article then talks about software and how some are not considered in the public
domain. Again, the rule of thumb is “when
in doubt, ask permission!”
The fourth series
discusses Applying Fair Use to New Technologies. This series discusses the Copyright Act of
1976 and how it doesn’t address the issues in today’s digital age. In 1994, the CONFU was established. The CONFU was to talk about issues with fair
use that raise from new technologies and “to develop guidelines for fair use by
librarians and educators”. Then in 1996,
the CCUMC organized a group of people to set fair use guidelines when creating
projected with copyrighted works. These
guidelines became the Fair Use Guidelines for Educational Multimedia. The website also provides fair use guidelines
for multimedia projects, software and the web.
The fifth and final
series discusses the Districts Liability
and Teaching Responsibility. This
series is about the liability and responsibility of teaching and how many
educators have “got away with illegal practices—not even having an inkling they
were illegal”. They explain that this is
because teachers are behind closed doors, with students who have no idea, in
the privacy of their own classroom that anything illegal was happening. With the schools using more technology today,
including the Internet, the districts are now accountable for their staff of
any violations within copyright. The
website states that the districts need to be aware of what is being placed on
the schools website for copyright purposes.
The website gives recommendations for school districts to take to limit
their liability.
About Creative Commons,
CreativeCommons.org
This
website discusses the Creative Commons organization. This organization is “a nonprofit
organization that enables the sharing and use of creativity and knowledge through
free legal tools”. This organization is
not a substitute for copyright, but works alongside of copyright by providing
free copyright licenses. The free
copyright license allows you to share your own work. It changes the copyright terms to “some rights
reserved” from the default term “all rights reserved”. Creative Commons mission is to “develop,
support, and stewards legal and technical infrastructure that maximizes digital
creativity, sharing, and innovation”.
Their vision is “nothing less than realizing the full potential of the
Internet – universal access to research and education, full participation in
culture – to drive a new era of development, growth, ad productivity”. The purpose of Creative Commons is to provide
a copyright license which will entitle you to be able to share your work with
others around the world.
Creative Commons related to Education,
CreativeCommons.org
This
article is also about Creative Commons, however, it is focused on how it is
related to education. It talks about Open
educational resources (OER) are “teaching, learning, and research materials in
any medium that reside in the public domain or have been released under an open
license that permits their free use and re-purposing by others”. When educational resources are licensed with
Creative Commons, they can be shared for free with the public. These include textbooks, lesson plan,
courses, which are easy to find, share and customize. The video on the site talks about the
number of students that are losing out on the best education because of funding
for new technologies and even new, up-to-date textbooks. It also talks about open education in which
can help get around this issues.
Reflection:
This week’s
readings were very helpful in explaining copyright laws. The copyright.gov website, it explained what
fair use is. I was still confused on
fair use until I clicked on the link for more information. This then went on to explain the four
different factors considered for fair use.
I feel like the difference between copyright and fair use can be very
confusing for students. However,
students need to be aware of these laws and to understand what they are and not
to violate them.
The
Education World website showed some really good basic guidelines to follow and
to help our students follow so there is no violation of copyright laws and fair
use. These laws are so specific but I
have a feeling many teachers violate copyright laws all the time. The article did state though that “most
copyright owners don’t want to take teachers or school systems to court”. The goal is to just stop the copyright violation. For physical education, I do not believe I
have ever copyrighted anything. When
working with students in the technology class, I will have to make sure
anything they create, they understand that they need to cite where they got the
information, pictures, etc.
The
Creative Commons was a good read for me as I have not heard of before. It was interesting to read about what it is
and how it works. It explained it very
well along with the short and to the point video. As for physical education, I have seen
several blogs created by physical education teachers. My goal is to be able to do this some year in
which creative commons could then possibly come into play in which others could
re-publish the blog posts that would give me credit. I think Creative Commons is a good idea. It gives every creator an opportunity to
share their work and control how it is shared as well.
The
Creative Commons related to Education website helped me understand what is was
and how it related to education. Again,
I think Creative Commons is a good idea.
With the help of open education resources, public domain resources and
materials can be used for free which can be extremely helpful for all educators. I also liked the video on the site and how it
explained open education. It was neat to
hear a couple examples in which we have used for this class.