Copyrighted Materials and the Educational Setting Kate Binns

Copyrighted Materials and the Educational Setting Kate Binns September 1, 2011

Copyright--What does it mean to you? Do you know how identify materials for your classroom without infringing on copyright? Ø Did you think about this -- © ? Ø The moment something original is created it is protected under copyright law. This means that everything on the internet is protected by copyright, unless identified as public domain.

Use of Copyrighted Material “Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others' works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium. ” Georgia K. Harper, “The Copyright Crash Course”

Four Fair Use Factors Ask 1. 2. 3. 4. yourself: What is the character of the use? What is the nature of the work you are using? How much of the work will you use? What effect would this use have on the market for the original or for permissions if they were widespread?

What is the character of the use? 1. 2. 3. Fair Use Nonprofit Educational Personal 1. Not Fair Use Commercial These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

What is the nature of the work you are using? 1. 2. Fair Use Factual Works Published Works 1. 2. Not Fair Use Imaginative Works Unpublished Works These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

How much of the work will you use? Fair Use Small Amount 1. (1 chapter, a poem, short story, essay, graph or illustration) 1. Not Fair Use More than a small amount These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

What effect would this have on the market for the original or for permissions if they were widespread? Not Fair Use 1. 2. 3. Original is out of print or otherwise unavailable Copyright owner is unidentifiable No market available for permission 1. 2. Competes with original Avoids paying for use. These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

Getting Permission A class set allows you use it in your classroom. Check the Copyright Clearance Center for instant permission. Contacts for attaining permission can found at: Copyright Crash Course. Always make sure that you receive permission in writing from the author or controlling entity of the material.

Resources for Fair Use Guidelines University Center of Minnesota's Fair Use Analysis Tool for Social Media-- Fair Use Copyright Clearance Center University of Maryland University College

Using Public Domain and Orphan Works Public Domain: expired copyright or never had a copyright. Resources: Cornell University Copyright Information Center Orphan Works: materials without a clear author, despite an exhaustive search. Resources: Good Faith Fair Use Defense

Public Domain Resources Open OER Library: more than 1, 000 books available! Commons: textbooks, science inquiry lessons, classroom management tips, and much more.

Public Domain Images Instead of using Google Images try one of these public domain photo and clip art resources: Photo 8 Free Digital Photos Discovery Education Clip. Art Wylio Public Domain Pictures

Orphan Works What if you can’t find the owner of an essential classroom resource? You must first search, search! Your use will likely be protected under the Good Faith Fair Use Defense. Who wrote me? ! Who’s my publisher? !

TEACH Act Allows educators leading online classrooms to share the same materials as in-person classrooms. More information on copyright allowances found at: Copyright Clearance Center's.

Why is this important information? You must model what you teach! Ensure that your students understand how to use materials by showing it daily. If you or your students violate copyright, you can be held accountable for each offense and fined for up to $150, 000 for each act!

Reference Page Harper, G. K. (2007). Copyright crash course. Retrieved from http: //copyright. lib. utexas. edu/