Copyright2009

Some portions of this presentation contain material used

under the fair use exemption of US Copyright Law.

Use Fa

Copyright

Fair Use

Mash Up

Transformational

Copyright

“The Congress shall have Power To . . . Promote the Progress of Science and useful

Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their

respective Writings and Discoveries”

United States Constitution,

Article 1, Section 8

Fair Use?

»Purpose»Nature»Amount»Effect

Purpose

• Is the new work the same as the copyrighted work, or have you transformed the original work, using it in a new and different way?

• Will you make money from the new work, or is it intended for nonprofit, educational or personal purposes?

Click here to return to the Four Factors Page.

Nature

• A particular use is more likely to be considered fair when the copied work is factual rather than creative.

Click here to return to the Four Factors Page.

Amount

• How much of the copyrighted work did you use in the new work?

• CopyFair PDF

Click here to return to the Four Factors Page.

Effect

• Is it being copied so additional copies don’t have to be purchased?

Click here to return to the Four Factors Page.

Scenario #1

• Our PTO plans to use Clifford, the Big Red Dog, to promote reading. Posters of the character will be created and posted around the building. T-shirts with the Clifford design will also be sold.

Is this “fair use”?

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No

• Characters are trademarked, and trademarks are protected. Many publishers, like Disney, are extremely litigious.

• Obtain written permission from the publisher before using trademarked characters.

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Scenario #2

• Our campus has a large collection of VHS tapes but no VHS players. We can use a DVD burner to make copies in a different format.

May we?

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Maybe

• If a DVD of the original video is available for purchase, duplication would be a copyright violation.

• If the material isn’t available in digital format, it may be converted.

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Scenario #3

• Microsoft has wonderful, free clip art available on the web.

May I use it on my NetStartClass web page?

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No

• Permission to use Microsoft clip art is only granted for use within Microsoft products such as Word, PowerPoint, and Publisher.

• Royalty free graphics are available on web sites such as Pics4Learning. A link to this site is available on StudentNet.

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Test Your Copyright Knowledge

• Determine whether each of the following questions is true or false.

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Copyright status is only granted to well-known authors and

filmmakers.• True

• False

The correct answer is False

• Copyright is granted to anyone who records an original creative work in a fixed, tangible form.

• This includes you, your students, and anyone who creates original work.

• The author/creator does not have to apply for a copyright. It’s automatic.

Continue.

The Motion Picture Association of America has anti-piracy

sniffing dogs.

• True

• False

The answer is True

• According to the MPAA, they’ve trained two black Labradors named “Lucky” and “Flo” to sniff out DVD piracy.

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http://www.p2pnet.net/story/13956

The sole purpose of copyright is to make authors money and protect

them from getting their works stolen.

• True

• False

The answer is False

• Copyright was established to encourage the growth of science, education and the arts.

• This gives you and your students the right to use copyrighted materials to create new transformative works.

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Jason makes multiple copies of the entire last chapter of the final Harry Potter book for his class. Since he is only using part of the book he would be protected by fair use.

• True

• False

The answer is False

• Given the amount and significance of the portion Jason is taking, a court would be unlikely to view this as fair use.

• This same principle applies to making multiple copies of magazine articles. If multiple copies are needed, contact the publisher to request permission.

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SourcesUncommon Depth. Flickr (licensed under the Creative Commons), August 3,

2009 <http://www.flickr.com/photos/uncommondepth/3204094812/>

Akira ASKR. Flickr (licensed under the Creative Commons), August 4, 2009 <http://www.flickr.com/photos/akira_1972/3104076736/>

Caveman 92223. Flickr (licensed under the Creative Commons), August 3, 2009 <http://www.flickr.com/photos/caveman_92223/3192403581/>

No3rdw. Flickr (licensed under the Creative Commons). August 3, 2009 <http://www.flickr.com/photos/no3rdw/3664187720/>

miscpix. Flickr (licensed under the Creative Commons), August 3, 2009 <http://www.flickr.com/photos/magisterludi/134406718/>

Faden, Eric. Stanford Center for Internet and Society (licensed under the Creative Commons), August 3, 2009 <http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale>

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Use

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