Educational Fair use Copyright Guidelines Lisa Levy Kennesaw

Educational Fair use & Copyright Guidelines Lisa Levy Kennesaw State University Multimedia & Web Design in Education ITEC 7445

What is Copyright ? Copyright is a form of protection/safeguard provided by the laws of the United States to authors of "original” works of authorship. Articles covered include literary, dramatic, musical, artistic and other creative works. Non-protected works such as ideas, facts, titles and names cannot be copyrighted. ” To qualify for copyright protection a work must be fixed in a tangible medium of expression. ” (fairuse Stanford 2015)

What is Fair Use ? Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. Educational purpose is NOT always Fair Use. www is Not public domain

What “Generally” falls under Fair Use Criticism and comment such as citing or excerpting an article in a review or censure for purposes of graphic or comment. Nonprofit educational useslike , photocopying partial portions of written works by teachers for lesson use. News reporting -summarizing an address or article, with brief quotations, in a newscast. Research and scholarship -quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author's observations. Parody- a work that ridicules another, usually well-known, work by imitating in a comedic manner. In most other situations, copying is not legally a fair use. Without author's permission, such use would violate the author's copyright

Four Factors Article 107 of the 1976 Copyright Act 1. What is the Purpose-Education vs. Commercial 2. What is the Nature –Utilization or Fact vs. Fiction 3. What “amount” or substantiality of material are you using 4. What “effect” will this have on the materials value (copyright. com 2015)

Educational Fair Use Guidelines Publishers and the educational community have recognized a set of educational fair use guidelines to afford "greater certainty and safeguard " for educators. While the rules/guidelines are not part of the federal Copyright Act, they are acknowledged by the Copyright Office and by magistrates as minimum standards for fair use in education. A teacher or pupil following the guidelines can feel at ease that use falling within these guidelines is a permissible fair use and not an infringement

Confused ? ? ? 5 Basic rules to follow Rule 1: Are You Creating Something New or Just Copying? The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is considered fair use. Ask yourself this question. Am I merely copying someone else's work word for word or instead using it to help create something new. Rule 2: Are Your Competing With the Source You're Copying From? Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work. Rule 3: Giving the Author Credit Doesn't Let You Off the Hook Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.

Got It !! Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be The more material you take, the less likely it is that your use will be a fair use. As a general rule, never: quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem. Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 words wouldn't be fair use. However, copying 2000 words from a work of 500, 000 words might be fair. It all depends on the circumstances. To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays. Rule 5: The Quality of the Material Used Is as Important as the Quantity The more important the material is to the original work, the less likely your use of it will be considered a fair use.

Wait then isn’t Fair Use Plagiarism ? Simply put plagiarism IS NOT fair use because a complete citation MUST accompany fair use of another person/s work. Plagiarism is FRAUD. It is using someone else's words or creative material without acknowledgement and attempting to pass it off as your own. If there is a citation, it is not plagiarism. (American Library Association 2015)

Guidelines when preparing Multimedia Works for Educational purposes In general, students and instructors may create multimedia works for face-to-face instruction, directed self-study or for remote instruction provided that the multimedia works are used only for educational purposes in systematic learning activities at nonprofit educational institutions. Instructors may use their multimedia works for teaching courses for up to two years after the first use. (Copyright Crash Course 2001)

QUESTIONS ? Let’s take a brief Quiz to test our knowledge http: //goo. gl/ir. F 5 IH Are you Copy. RIGHT or Copy. WRONG (csus. edu 2015)

References: ALA, American Libraries, July 2015 from www. ala. org/advocacy. Copyright & Fair Use Stanford University Libraries, retrieved July 3, 2015 from www. fairuse. Stanford. edu Copyright Basics 2015 retrieved July 4, 2015 from www. copyright. com Copyright Crash Course, ” The University of Texas, 2001 retrieved July 4, 2015 from www. copyright. lib. utexas. edu Copyright or Copywrong are you aware retrieved July 5, 2015 from http: //www. csus. edu/indiv/p/peachj/edte 230/copyright/quiz. htm