Clearing up Copyright Lingo Elizabeth Pyatt ITS Warnings
Clearing up Copyright Lingo Elizabeth Pyatt, ITS Warnings: 1. We are not attorneys, and we cannot provide legal advice. 2. This is a rapidly changing field. 9/30/2020
Outline Basic Copyright Fair Use in the Classroom TEACH Act in the Classroom Public Domain/Creative Commons 9/30/2020
Definition of Copyright “The exclusive right given by law for a certain term of years to a creator (author/composer/artist) to print, publish and sell copies of an original work. ” Limited Monopoly Allows creators to profit/recoup money from creations Attribution also increases creator reputation 9/30/2020
Benefits to Society “The Congress shall have Power…To promote the Progress of Science and the useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries…” United States Constitution, Article I, Section 8, Clause 8 Intent is to provide incentive for innovation, NOT provide a source of perpetual income. 9/30/2020
What can be copyrighted? Tangible output Text Images Video Sound Sculpture/3 D Designs (within reason) NOT Ideas, Facts 9/30/2020
Establishing Copyright Automatic upon publication Including student papers/projects Need to register to enforce rights 9/30/2020
What is Fair about Fair Use? Fair Use (no permission needed) Use of a copyrighted work, including reproductions for purposes such as criticism, comments, news reporting, teaching, scholarship or research is not an infringement of copyright. Fairly recent concept 4 Factors to consider But not “guaranteed” anywhere. Determined by court cases and “common conventions” 9/30/2020
Two Famous Fair Use Tutorials Disney Characters A Fairly Useful Tale Movie itself licensed via Creative Commons Fair Use advocates not happy with Disney n Helped sponsor a 20 -year copyright extension Adolph Hitler Reaction to parody takedown Parodies good publicity for obscure movie? 9/30/2020
Four Factors 1. The purpose and character of use, Particularly commercial vs. nonprofit/educational use 2. The nature of the copyrighted work Fiction or nonfiction n n Published or unpublished n n 9/30/2020 A little more latitude with non-fiction Easier to extract “facts” (non-copyrightable) More latitude with published works Assumption is that it is meant to be shared
Factors 3 and 4 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole Use only as much as really need. 4. The effect of the use upon the potential market for or value of the copyrighted work. Offering something free impacts market even if you do not personally profit See the Fair Use checklist for guidance http: //copyright. columbia. edu/copyright/fair-usechecklist/ 9/30/2020
Fair Use in Courses In the classroom Show movies without charging admission Pass around handouts, but NOT wide distribution One article of book, but NOT entire book Other Quoting passages Parody for any social commentary Online – see TEACH Act 9/30/2020
TEACH Act The Technology, Education and Copyright Harmonization Act of 2002 Applies to online materials Specifically for course use At an non-profit accredited institution such as Penn State (sorry University of Phoenix) n Institution must have policy. See Penn State’s at http: //tlt. its. psu. edu/dmd/teachact/ Meant to enable to type of Fair Use options found in traditional classrooms 9/30/2020
The TEACH Act Requires Penn State to 1. ✓My institution is a nonprofit accredited educational institution or a governmental agency 2. ✓It has a policy on the use of copyrighted materials 3. ✓It provides accurate information to faculty, students and staff about copyright 9/30/2020
Teach Act Faculty Requirements 4. Its systems will not interfere with technological controls within the materials I want to use No hacking! (or don’t wantonly violate DMCA) 5. The materials I want to use are specifically for students in my class 6. Only those students will have access to the materials Password protected site by class roster ANGEL, Protected Blogs, ITS Video Streaming, i. Tunes 9/30/2020
More TEACH Requirements 7. The materials will be provided at my direction during the relevant lesson n Materials should be used in an actual lesson or assignment 8. The materials are directly related and of material assistance to my teaching content n Even humorous cartoons 9. My class is part of the regular offerings of my institution 10. I will include a notice that the materials are protected by copyright 9/30/2020
Still More Teach Act? 11. I will use technology that reasonably limits the students' ability to retain or further distribute the materials Especially video and audio which should be streamed 12. I will make the materials available to the students only for a period of time that is relevant to the context of a class session 13/14. I will store the materials on a secure server and transmit them only as permitted by this law (and won’t make additional copies) Use PSU services recommended for TEACH Act 9/30/2020
Are We Done Yet? 15. The materials are of the proper type and amount the law authorizes: Reasonable and limited parts of a dramatic literary, musical, or audiovisual work Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching NOT materials specifically marketed for digital distance education. (Why not? Return to basis for copyright!) 9/30/2020
Now We’re Done 16. If I am using an analog original, I checked before digitizing it to be sure: I copied only the amount that I am authorized to transmit There is no digital copy of the work available except with technological protections that prevent my using it for the class in the way the statute authorizes What if it’s digitized but protected by DRM? ? Lots of ambiguity! 9/30/2020
So this Means…. Copyrighted materials can be posted online without permission when In a password protected area n Access controlled via class roster n Access ends post semester n ANGEL, Protected Blogs You should make a good faith efforts to use legal materials or obtain permission. Acknowledge your sources Don’t use more than you need. 9/30/2020
Public Sites/Portfolios TEACH Act does not apply Fair Use more limited Wider audience Benefit to society less obvious Takedown Notices Possible Materials can be found by scan PSU may honor takedown request without contacting you (to avoid liability) Same with You. Tube 9/30/2020
Alternatives to TEACH/Fair Use Ask/look for permission Many creators may appreciate publicity LINK or EMBED, but don’t download Flickr, You. Tube… Public Domain U. S. Gov – White House, Congress, NASA, any cabinet department, USDA, CDC, Park Service Older materials (pre 1923 for certain) 9/30/2020
GNU & Creative Commons Licenses now release items for noncommercial use GNU Almost identical to public domain Creative Commons Usually non-commercial only Some permit modification You cannot license for profit Read licenses for details 9/30/2020
Sources for “Free Stuff”? http: //mediacommons. psu. edu/freemedi a Particularly music/audio Wikipedia Most items in Creative Commons/Public domain A few licensed under “Fair Use. ” Make sure your use case matches Flickr Advanced Search – CC Option 9/30/2020
A Victim of Public Domain? Superman’s official costume changing Rights to original reverting to family 9/30/2020 Image © Warner Brothers. Usage justified by Fair Use
To Summarize Copyright Restrictions You have to be the most cautious on public sites Legal exceptions maddeningly specific There are good alternatives for many scenarios including linking Loosening up Value of Fair Use more recognized BUT…no guarantees Thanks to You. Tube in part! 9/30/2020
Copyright is Fun Who owns the copyright? It was taken by a monkey. No copyright for works “not originated by a human” Public Domain? The park? Indonesia? News Agency claiming for now. Read 9/30/2020 More…
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