logging in or signing up copyright educational multimedia geekydog Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: Embed: Flash iPad Copy Does not support media & animations WordPress Embed Customize Embed URL: Copy Thumbnail: Copy The presentation is successfully added In Your Favorites. Views: 218 Category: Education License: All Rights Reserved Like it (1) Dislike it (0) Added: March 29, 2009 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Copyright & Fair Use Guidelines for Educational Multimedia : Copyright & Fair Use Guidelines for Educational Multimedia By Jeannie Justice What is Copyright? : What is Copyright? According to Wikipedia, “Copyright is a form of intellectual property which gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution, and adaptation; after which time the work is said to enter the public domain.” http://en.wikipedia.org/wiki/Copyright In other words… : In other words… A copyright is a form of protection for a certain time period for authors of tangible, original works. For example, poems, theses, movies, dances, musical compositions, paintings, photographs, software, and radio and television broadcasts can be copyrighted. Ideas and information cannot be copyrighted as they are not considered tangible. What is “a certain time period”? : What is “a certain time period”? Copyrights do not last forever. The length of time until they expire depends on the jurisdiction, the type of work (i.e., novel, song, video), if the work has been published or not, and whether the work was created by an individual or by a corporation. In general, in the U.S., copyright lasts for 70 years after the death of the author. Once the copyright expires, the work is then considered public domain. What is public domain? : What is public domain? According to Wikipedia, “The public domain is a range of abstract materials—commonly referred to as intellectual property—which are not owned or controlled by anyone.” Therefore, the materials in question are considered public property and can be used by anyone in any way. http://en.wikipedia.org/wiki/Public_domain How do things end up in public domain? : How do things end up in public domain? Expiration of copyright - for example, anything copyrighted before 1922 is now considered public domain. Dedication – the owner deliberately places their work in public domain. For example, anything the government does is considered public domain. No copyright – the author never copyrighted the work. What you CAN’T do with copyrighted material? : What you CAN’T do with copyrighted material? Owner’s Exclusive Rights: Make a copy (duplicate) Use it as the basis for your own work (create a derivative) Electronically or physically distribute Publicly perform a work (i.e., sing a song, play a video, perform a play, etc.) Publicly display an image on a computer screen or otherwise (publicly display a work) Are there any exceptions? : Are there any exceptions? Fair Use Copyrighted material may be used without infringement when used for such purposes as criticism (including parody), comment, news reporting, teaching, scholarship, or research. How do you determine Fair Use? : How do you determine Fair Use? Rule of thumb for Fair Use – ask yourself these four questions: 1) What is the character of use? 2) What is the nature of the work to be used? 3) How much of the work will you use? 4) What effect would this use have on the market for the original? 1) What is the character of the use? : 1) What is the character of the use? Would the use be for nonprofit, educational, or personal use? Then this is fair use. Would it be used for criticism, parody, commentary, news reporting, or another “transformative” use? These uses depend on circumstances and with some stipulations to determine fair use or not. Would it be used commercially? This is infringement. 2) What is the nature of the work? : 2) What is the nature of the work? Is it fact-based? Is it published? This is fair use. For example, many published scientific papers can be used for reports if they are appropriately cited. Is it a mixture of fact and imagination? This depends on the material and your use to determine if it is fair use or not. Is it imaginative? Is it unpublished? This is infringement. 3) How much of the work will you use? : 3) How much of the work will you use? You only want to use a small amount. For the most part, this is fair use, although, you must be careful that you don’t use too much of the work (see the next slide for examples). You want to use more than a small amount. If you use too much of the work, you may be infringing on the author’s rights. A nonprofit use of a whole work may be fair use. For example, a nonprofit educational institution may copy an entire article from a journal for students in class. How much is too much? : How much is too much? Motion media – up to 10% or 3 minutes, whichever is less, of a single copyrighted work. Text material – up to 10% or 1,000 words, whichever is less, of a single copyrighted work. Poetry – an entire poem of less than 250 words or up to 250 words of a longer poem, but no more than three poems by one poet or five poems by different poets from a single anthology. How much is too much? – con’t : How much is too much? – con’t Music – up to 30 seconds or 10%, whichever is less, of a single copyrighted work. Illustrations & Photographs – up to five images by one person and no more than 15 images or 10%, whichever is less, of images from a single published work. Numerical data – up to 2,500 fields or cell entries or 10%, whichever is less, from a numerical database or data table. How much is too much? – con’t : How much is too much? – con’t Educational multimedia – only two copies may be made, only one of which may be placed on reserve. One additional copy may be made for preservation purposes, but may only be used or copied to replace a copy that has been lost, stolen, or damaged. If the project was created by more than one person, each creator may retain one copy for educational purposes. 4) What is the effect on the market? : 4) What is the effect on the market? After evaluation of the previous three question, the proposed use seems like fair use. Then it is more than likely fair use. The original is out of print or otherwise unavailable. Therefore, the copyright owner is unidentifiable and/or there is no way to seek permission for use. This may have to be decided in a court of law. Competes with sales from the original without paying for permission (or royalties). This is definitely infringement. Fair Use of Educational Multimedia : Fair Use of Educational Multimedia In short, the Fair Use Educational Multimedia Guidelines provide a basic plan (not specific rules or regulations) for educators and students to follow when developing educational multimedia that use portions of copyrighted works that adhere to Fair Use. In a nutshell, it helps regulate anything that is produced by a computer and/or presented by a computer. What is Educational Multimedia? : What is Educational Multimedia? Educational multimedia is considered any students' or educators' (faculty, teachers, instructors, or others engaging in educational activity) original material, such as course notes or commentary, together with various media formats including, but not limited to, motion media, music, text material, graphics, illustrations, photographs, and digital software which are combined into an integrated project, presentation, website, or other electronic media, to be used for educational purposes at educational institutions. What is Educational Multimedia? – con’t : What is Educational Multimedia? – con’t Examples of educational institutions: K-12 schools, colleges/universities, libraries, museums, hospitals, and other nonprofit institutions that engage in instruction, research or other scholarly activities. Educational purposes means non-commercial instruction or curriculum-based teaching, presentation of research findings at non-commercial peer conferences, workshops, or seminars, or a planned non-commercial study directed toward making a contribution to a field of knowledge. Where can you use Educational Multimedia? : Where can you use Educational Multimedia? Educational multimedia, which incorporates portions of copyrighted works under the Fair Use Guidelines, may be used only for educational purposes in systematic learning activities including use in connection with non-commercial curriculum-based learning and teaching activities by educators to students enrolled in courses at nonprofit educational institutions. How can you use Educational Multimedia? : How can you use Educational Multimedia? For Teachers Face-to-face student instruction. Assigned to students as directed self-study. Real-time remote instruction, review, or directed self-study for enrolled students, provided there are technological limitations on access to the project and that the technology prevents copying of the copyrighted material. Presentation at peer workshops and conferences. Professional portfolios, for uses such as tenure review or job interviews. How can you use Educational Multimedia? – con’t : How can you use Educational Multimedia? – con’t For Teachers (con’t) Teaching courses for a period of up to two years after the first instructional use. After two years, educators must obtain permission for each copyrighted portion in the project. For Students Educational uses in the course for which the projects were created. Portfolios, as examples of their academic work. Personal uses, such as job and graduate school interviews. Rules of thumb for creating Educational Multimedia : Rules of thumb for creating Educational Multimedia Educators and students must include on the opening screen of their multimedia project (and on any accompanying print material) a notice that any copyrighted materials enclosed are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the Educational Multimedia Fair Use Guidelines and are restricted from further use. Opening screen notification – con’t : Opening screen notification – con’t Please be advised that there is a great possibility that your educational multimedia project, which may incorporate copyrighted material under fair use, could later result in broad distribution. Regardless whether or not it is a non-commercial product, you should take steps to obtain permissions during the development process for all copyrighted portions. Please don’t wait until your project is completed. Rules of thumb for creating Educational Multimedia – con’t : Rules of thumb for creating Educational Multimedia – con’t Using the World Wide Web as a resource (a.k.a. the internet): The internet is NOT public domain! Assume that everything on the internet is copyrighted, even if there is no obvious copyright or trademark notice. Web Resources – con’t : Web Resources – con’t Read Click-Wrap Agreements Clip art, shareware, freeware, or materials labeled “royalty-free” or “copyright-free” may NOT be distributed without permission. Read the terms and conditions in the “click to accept” agreement (a.k.a. click-wrap agreement) or “Read Me” files that usually accompany such materials to be certain your intended use is permissible. Web Resources – con’t : Web Resources – con’t You should always credit sources (attribution) and display copyright notice/ownership (especially if copyright information is shown in the original source). To credit the source, identify the source of the work by giving a full bibliographic description where available (including author, title, publisher, and place (may be a URL) and date of publication). The copyright ownership information includes the copyright notice, year of first publication, and name of the copyright holder. Web Resources – con’t : Web Resources – con’t Linking – a specially coded word or icon that when clicked will connect to another web page. The link may be internal (within the same website) or external (to a different website). When creating an external link, post only a URL and the title of the site. Do NOT copy and post links that contain descriptions of the linked sites. If creating an internal link, bypassing advertising or identifying information on a site's main page may deprive the copyright owner of revenue which is considered infringement. Web Resources – con’t : Web Resources – con’t Inlining (mirroring) content/framing – when your website links to another, but doesn’t actually open the website, consequently the material appears in a frame (box) on your website. For example, having a cartoon from another website appear in a frame on your website is considered inlining. This practice is considered infringement, because the user never visits the website from which the material originated. Web Resources – con’t : Web Resources – con’t When in doubt, ask permission. Copyright protection extends to any original work, regardless of who created it, and permission is required for use. Therefore, error on the side of caution and ask for permission before using. Don’t try to sneak it in because new technology allows for works to be digitally tagged and easily tracked. Also, cyber bounty hunters (i.e., Markwatch (www.markwatch.com)) actively seek violators for profit. Rules of thumb for creating Educational Multimedia – con’t : Rules of thumb for creating Educational Multimedia – con’t Digitizing and/or using others’ works for your educational multimedia project: Students and educators may incorporate others’ work into a multimedia project in connection with or creation of class assignments, curriculum material, remote instruction, examinations, student and/or professional portfolios, and professional meetings and conferences. Be conservative using only small amounts of their material. You may want to obtain written permission for use from the author(s). Digitizing & Using Other’s – con’t : Digitizing & Using Other’s – con’t Digitizing and using other’s images for educational multimedia: Ask yourself, is the image you wish to digitize for sale or license at a fair price or readily available online? If your answer is yes, then link to, purchase, or license the image. Do not digitize it unless you are in the process of negotiating a license. Digitizing and using other’s images – con’t : Digitizing and using other’s images – con’t If your answer is no, then digitize and use the image with these limitations: limit access of all images except any small, low resolution “thumbnails,” to students enrolled in the class and administrative staff as needed; faculty members may use images at peer conferences; and, students may download, transmit, and/or print images for personal study/use in preparation of academic course assignments, publicly display images in works prepared for course assignments, and keeping their works, containing images, in their portfolios. Digitizing and using other’s images – con’t : Digitizing and using other’s images – con’t Periodically, review digital availability of the image because… a previously unavailable image may become available online. the image may become purchasable or available for license at a more fair price, allowing you to acquire it. licensing agreements may change. Digitizing & Using Other’s – con’t : Digitizing & Using Other’s – con’t Digitizing and using other’s performances (a student’s oral presentation or live interactives in distance learning, for example) for educational multimedia: Please keep in mind that small parts of the whole performance, limited times, and limited access fall under Fair Use. Digitizing Other’s Performances – con’t : Digitizing Other’s Performances – con’t If you need to show the performance in a manner that is not considered fair use, use the following guidelines: Limit access to students enrolled in the class and administrative staff as needed. Make sure to terminate student access at the end of the class term. Obtain permission (for example, a signed student release form) for materials that will be used repeatedly by the same instructor for the same class in different semesters. Make sure to cite sources appropriately (attribution). Digitizing Other’s Performances – con’t : Digitizing Other’s Performances – con’t If you are going to incorporate public performances (a student play, for example): Use it sparingly. Try to have a faculty member or institution obtain a legal copy of the work (i.e., by purchase, license, fair use, interlibrary loan, etc.) Make sure to include any copyright notices from the original. Definitely include all of the appropriate citations (attribution). Rules of thumb for creating Educational Multimedia – con’t : Rules of thumb for creating Educational Multimedia – con’t Guidelines for maintaining electronic reserves for your educational multimedia projects: Electronic reserves are educational materials students can reference, for your class, throughout the semester. For example, libraries often place excerpts from copyrighted works, in electronic reserves (in compliance with Fair Use) to govern formal classroom distribution of materials. Electronic Reserves Guidelines – con’t : Electronic Reserves Guidelines – con’t You should limit reserve materials to: single articles or chapter; several charts, graphs or illustrations; or other small parts of a work. a small part of the materials required for the course. copies of materials that a faculty member or the library already possess legally (i.e., by purchase, license, fair use, interlibrary loan, etc.) Make sure to include: Any copyright notices from the originals. All of the appropriate citations (attribution). Electronic Reserves Guidelines – con’t : Electronic Reserves Guidelines – con’t You should limit access to students enrolled in the class and administrative staff as needed. Make sure to terminate student access at the end of the class term. Obtain permission (for example, a signed student release form) for materials that will be used repeatedly by the same instructor for the same class in different semesters. Rules of thumb for maintaining Educational Multimedia : Rules of thumb for maintaining Educational Multimedia Remove unauthorized material If someone complains about unauthorized use, the offending material should be removed immediately while you investigate the complaint. Continuing to use the material after being notified may aggravate the claim and increase chances that you will be found liable, which will increase the amount of damages you may have to pay. Rules of thumb for maintaining Educational Multimedia – con’t : Rules of thumb for maintaining Educational Multimedia – con’t You are liable for posts on your website. Therefore, if one of your students posts something on your website that infringes someone else’s copyright, you can be the one held liable. The wisest approach is to remove any questionable material quickly until the matter is resolved. You may want to consider posting a notice prohibiting such unauthorized activities and that perpetrators will pay for any damages caused by their actions, or your site could include a click wrap agreement (“click to accept”) for any material that is uploaded. Releases (Written Permission) : Releases (Written Permission) Release – a binding contract in which someone forgoes a right to sue you for specific violations of personal rights (i.e., defamation, the right to privacy, the right of publicity). It’s generally best to keep releases as short and simple as possible. Since people are often asked to sign a release under short notice, they may hesitate if the document is complex or intimidating. Releases – con’t : Releases – con’t As a general rule, you do not need a release (written permission) for the use of a person’s name or image if your use is not defamatory, does not invade privacy, and/or is not for commercial purposes. For example, a celebrity’s photo can be used in a news story without release. However, you will need to obtain copyright permission from the owner of the photograph. Releases– con’t : Releases– con’t Example of an informal release request: For use of a work by an acquaintance: “I am the owner of rights to ___________________ [title of work] and I authorize its display and reproduction at the _________________________ [name of website] website located at __________________________ [insert URL for site] for a period of _________________________ [insert length of time].” Releases– con’t : Releases– con’t Example of an informal release request: For use of work by students, the teacher has the parent/guardian of each student under the age of18 sign a permission agreement stating: "I authorize the display and reproduction of the artwork entitled ___________________________ [name of project], credited to my child, ________________________ name of student], at the _____________________ [name of school] website for a period of one year." Teacher Responsibility : Teacher Responsibility Teachers have a vital role in making sure that students understand the spirit and the letter of copyright law. Educators should address copyright issues in their classrooms: They should help students learn about the value of created works and develop respect for the creators. Also, that obeying copyright laws benefits society as a whole by supplying incentives (financial reward) for the creation of original work. Teacher Responsibility – con’t : Teacher Responsibility – con’t Educators should address copyright issues in their classrooms: Students must understand that if material can’t be easily identified as copyrighted or not, that copyright should be assumed and to act accordingly. Teachers should educate students about how to ask permission to use materials that are copyrighted. Perhaps having them fill out releases or writing their own releases would help them practice. The Alternative : The Alternative If you don’t want to deal with figuring out if something is fair use, determining copyright status, and getting releases, but you don’t want to risk a law suit, then create your own material. Remember, copyrights protect the owner’s rights, therefore, if you own the material, you can use it in any way you’d like, without worry of penalties. What if… : What if… But, what if you create a work and someone else uses it or alters it and makes money from it commercially? Worse yet, what if they copyright it, which means you will not be able to use it again without permission? You can license your creations to prevent this from happening. See the Creative Commons website (http://creativecommons.org/) for details. What is Creative Commons? : What is Creative Commons? According to Wikipedia, “Creative Commons is a non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright licenses known as Creative Commons licenses. These licenses allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators.” http://en.wikipedia.org/wiki/Creative_Commons Creative Commons Licensing : Creative Commons Licensing There are four major permissions involved in Creative Commons licenses: “Attribution - you let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request.” http://creativecommons.org/about/licenses/ Four major permissions – con’t : Four major permissions – con’t “Share Alike - you allow others to distribute derivative works only under a license identical to the license that governs your work.” http://creativecommons.org/about/licenses/ Four major permissions – con’t : Four major permissions – con’t “Non-Commercial - you let others copy, distribute, display, and perform your work — and derivative works based upon it — but for noncommercial purposes only.” http://creativecommons.org/about/licenses/ Four major permissions – con’t : Four major permissions – con’t “No Derivative Works - you let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.” http://creativecommons.org/about/licenses/ Creative Commons Licenses : Creative Commons Licenses Attribution – others may share, tweak, build upon, and so on, your material as long as they credit you. Attribution Share Alike – others may share, tweak, build upon, and so on, with attribution, but any derivatives must be licensed under the same conditions. Attribution No Derivatives – allows for redistribution (commercial or not), as long as it remains unchanged and whole with attribution. Creative Commons Licenses – con’t : Creative Commons Licenses – con’t Attribution Non-Commercial – others can share, tweak, build upon, and so on, with attribution, as long as their derivatives are not used commercially. Attribution Non-Commercial Share Alike – same as Attribution Non-Commercial (above), but any derivatives must be licensed under the same conditions. Attribution Non-Commercial No Derivative – others may use your work, with attribution, but they can’t change your work or use it commercially. Licenses at a Glance : Licenses at a Glance Protect Yourself : Protect Yourself Know about copyrights and fair use to protect yourself from law suits resulting in monetary penalties and possible job loss. Protect your students by teaching them the proper and ethical way of using other’s works. Protect your own creations by licensing them at the Creative Commons website (http://creativecommons.org/). What about our school’s policies? : What about our school’s policies? If you would like to know more about specific Indian River State College’s policies, please visit our library’s copyright website at the IRSC homepage, then click on libraries, then copyright or just go to: http://www.irsc.edu/portal/layout_web1.aspx?AdminEdit=False&PortalPageID=687 You will also find some great tutorials on copyright and fair use. Want information for your students? : Want information for your students? Here’s some great youtube videos on copyright & fair use: http://www.youtube.com/watch?v=FnXIQzMgXSw&feature=PlayList&p=A405179A4A8ADBA7&playnext=1&playnext_from=PL&index=1 http://www.youtube.com/watch?v=B7nkQJZhAUw http://www.youtube.com/watch?v=zs9F9OczZLE&feature=related http://www.youtube.com/watch?v=KYB9hGv_yA0&feature=related http://www.youtube.com/watch?v=-eYrXEmi_fQ&feature=related References : References http://www.copyright.gov/title17/92chap1.html#107 http://www.copyright.com/ccc/viewPage.do?pageCode=cr10-n http://www.universityofcalifornia.edu/copyright/fairuse.html http://en.wikipedia.org http://users.mfi.net/forest/avery/manners/copyright_presentation/COPYRGT_files/frame.htm More References : More References http://library.stanford.edu/cpyright.html http://www.education-world.com/a_curr/curr280d.shtml http://www.adec.edu/admin/papers/fair10-17.html http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
copyright educational multimedia geekydog Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: Embed: Flash iPad Copy Does not support media & animations WordPress Embed Customize Embed URL: Copy Thumbnail: Copy The presentation is successfully added In Your Favorites. Views: 218 Category: Education License: All Rights Reserved Like it (1) Dislike it (0) Added: March 29, 2009 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Copyright & Fair Use Guidelines for Educational Multimedia : Copyright & Fair Use Guidelines for Educational Multimedia By Jeannie Justice What is Copyright? : What is Copyright? According to Wikipedia, “Copyright is a form of intellectual property which gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution, and adaptation; after which time the work is said to enter the public domain.” http://en.wikipedia.org/wiki/Copyright In other words… : In other words… A copyright is a form of protection for a certain time period for authors of tangible, original works. For example, poems, theses, movies, dances, musical compositions, paintings, photographs, software, and radio and television broadcasts can be copyrighted. Ideas and information cannot be copyrighted as they are not considered tangible. What is “a certain time period”? : What is “a certain time period”? Copyrights do not last forever. The length of time until they expire depends on the jurisdiction, the type of work (i.e., novel, song, video), if the work has been published or not, and whether the work was created by an individual or by a corporation. In general, in the U.S., copyright lasts for 70 years after the death of the author. Once the copyright expires, the work is then considered public domain. What is public domain? : What is public domain? According to Wikipedia, “The public domain is a range of abstract materials—commonly referred to as intellectual property—which are not owned or controlled by anyone.” Therefore, the materials in question are considered public property and can be used by anyone in any way. http://en.wikipedia.org/wiki/Public_domain How do things end up in public domain? : How do things end up in public domain? Expiration of copyright - for example, anything copyrighted before 1922 is now considered public domain. Dedication – the owner deliberately places their work in public domain. For example, anything the government does is considered public domain. No copyright – the author never copyrighted the work. What you CAN’T do with copyrighted material? : What you CAN’T do with copyrighted material? Owner’s Exclusive Rights: Make a copy (duplicate) Use it as the basis for your own work (create a derivative) Electronically or physically distribute Publicly perform a work (i.e., sing a song, play a video, perform a play, etc.) Publicly display an image on a computer screen or otherwise (publicly display a work) Are there any exceptions? : Are there any exceptions? Fair Use Copyrighted material may be used without infringement when used for such purposes as criticism (including parody), comment, news reporting, teaching, scholarship, or research. How do you determine Fair Use? : How do you determine Fair Use? Rule of thumb for Fair Use – ask yourself these four questions: 1) What is the character of use? 2) What is the nature of the work to be used? 3) How much of the work will you use? 4) What effect would this use have on the market for the original? 1) What is the character of the use? : 1) What is the character of the use? Would the use be for nonprofit, educational, or personal use? Then this is fair use. Would it be used for criticism, parody, commentary, news reporting, or another “transformative” use? These uses depend on circumstances and with some stipulations to determine fair use or not. Would it be used commercially? This is infringement. 2) What is the nature of the work? : 2) What is the nature of the work? Is it fact-based? Is it published? This is fair use. For example, many published scientific papers can be used for reports if they are appropriately cited. Is it a mixture of fact and imagination? This depends on the material and your use to determine if it is fair use or not. Is it imaginative? Is it unpublished? This is infringement. 3) How much of the work will you use? : 3) How much of the work will you use? You only want to use a small amount. For the most part, this is fair use, although, you must be careful that you don’t use too much of the work (see the next slide for examples). You want to use more than a small amount. If you use too much of the work, you may be infringing on the author’s rights. A nonprofit use of a whole work may be fair use. For example, a nonprofit educational institution may copy an entire article from a journal for students in class. How much is too much? : How much is too much? Motion media – up to 10% or 3 minutes, whichever is less, of a single copyrighted work. Text material – up to 10% or 1,000 words, whichever is less, of a single copyrighted work. Poetry – an entire poem of less than 250 words or up to 250 words of a longer poem, but no more than three poems by one poet or five poems by different poets from a single anthology. How much is too much? – con’t : How much is too much? – con’t Music – up to 30 seconds or 10%, whichever is less, of a single copyrighted work. Illustrations & Photographs – up to five images by one person and no more than 15 images or 10%, whichever is less, of images from a single published work. Numerical data – up to 2,500 fields or cell entries or 10%, whichever is less, from a numerical database or data table. How much is too much? – con’t : How much is too much? – con’t Educational multimedia – only two copies may be made, only one of which may be placed on reserve. One additional copy may be made for preservation purposes, but may only be used or copied to replace a copy that has been lost, stolen, or damaged. If the project was created by more than one person, each creator may retain one copy for educational purposes. 4) What is the effect on the market? : 4) What is the effect on the market? After evaluation of the previous three question, the proposed use seems like fair use. Then it is more than likely fair use. The original is out of print or otherwise unavailable. Therefore, the copyright owner is unidentifiable and/or there is no way to seek permission for use. This may have to be decided in a court of law. Competes with sales from the original without paying for permission (or royalties). This is definitely infringement. Fair Use of Educational Multimedia : Fair Use of Educational Multimedia In short, the Fair Use Educational Multimedia Guidelines provide a basic plan (not specific rules or regulations) for educators and students to follow when developing educational multimedia that use portions of copyrighted works that adhere to Fair Use. In a nutshell, it helps regulate anything that is produced by a computer and/or presented by a computer. What is Educational Multimedia? : What is Educational Multimedia? Educational multimedia is considered any students' or educators' (faculty, teachers, instructors, or others engaging in educational activity) original material, such as course notes or commentary, together with various media formats including, but not limited to, motion media, music, text material, graphics, illustrations, photographs, and digital software which are combined into an integrated project, presentation, website, or other electronic media, to be used for educational purposes at educational institutions. What is Educational Multimedia? – con’t : What is Educational Multimedia? – con’t Examples of educational institutions: K-12 schools, colleges/universities, libraries, museums, hospitals, and other nonprofit institutions that engage in instruction, research or other scholarly activities. Educational purposes means non-commercial instruction or curriculum-based teaching, presentation of research findings at non-commercial peer conferences, workshops, or seminars, or a planned non-commercial study directed toward making a contribution to a field of knowledge. Where can you use Educational Multimedia? : Where can you use Educational Multimedia? Educational multimedia, which incorporates portions of copyrighted works under the Fair Use Guidelines, may be used only for educational purposes in systematic learning activities including use in connection with non-commercial curriculum-based learning and teaching activities by educators to students enrolled in courses at nonprofit educational institutions. How can you use Educational Multimedia? : How can you use Educational Multimedia? For Teachers Face-to-face student instruction. Assigned to students as directed self-study. Real-time remote instruction, review, or directed self-study for enrolled students, provided there are technological limitations on access to the project and that the technology prevents copying of the copyrighted material. Presentation at peer workshops and conferences. Professional portfolios, for uses such as tenure review or job interviews. How can you use Educational Multimedia? – con’t : How can you use Educational Multimedia? – con’t For Teachers (con’t) Teaching courses for a period of up to two years after the first instructional use. After two years, educators must obtain permission for each copyrighted portion in the project. For Students Educational uses in the course for which the projects were created. Portfolios, as examples of their academic work. Personal uses, such as job and graduate school interviews. Rules of thumb for creating Educational Multimedia : Rules of thumb for creating Educational Multimedia Educators and students must include on the opening screen of their multimedia project (and on any accompanying print material) a notice that any copyrighted materials enclosed are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the Educational Multimedia Fair Use Guidelines and are restricted from further use. Opening screen notification – con’t : Opening screen notification – con’t Please be advised that there is a great possibility that your educational multimedia project, which may incorporate copyrighted material under fair use, could later result in broad distribution. Regardless whether or not it is a non-commercial product, you should take steps to obtain permissions during the development process for all copyrighted portions. Please don’t wait until your project is completed. Rules of thumb for creating Educational Multimedia – con’t : Rules of thumb for creating Educational Multimedia – con’t Using the World Wide Web as a resource (a.k.a. the internet): The internet is NOT public domain! Assume that everything on the internet is copyrighted, even if there is no obvious copyright or trademark notice. Web Resources – con’t : Web Resources – con’t Read Click-Wrap Agreements Clip art, shareware, freeware, or materials labeled “royalty-free” or “copyright-free” may NOT be distributed without permission. Read the terms and conditions in the “click to accept” agreement (a.k.a. click-wrap agreement) or “Read Me” files that usually accompany such materials to be certain your intended use is permissible. Web Resources – con’t : Web Resources – con’t You should always credit sources (attribution) and display copyright notice/ownership (especially if copyright information is shown in the original source). To credit the source, identify the source of the work by giving a full bibliographic description where available (including author, title, publisher, and place (may be a URL) and date of publication). The copyright ownership information includes the copyright notice, year of first publication, and name of the copyright holder. Web Resources – con’t : Web Resources – con’t Linking – a specially coded word or icon that when clicked will connect to another web page. The link may be internal (within the same website) or external (to a different website). When creating an external link, post only a URL and the title of the site. Do NOT copy and post links that contain descriptions of the linked sites. If creating an internal link, bypassing advertising or identifying information on a site's main page may deprive the copyright owner of revenue which is considered infringement. Web Resources – con’t : Web Resources – con’t Inlining (mirroring) content/framing – when your website links to another, but doesn’t actually open the website, consequently the material appears in a frame (box) on your website. For example, having a cartoon from another website appear in a frame on your website is considered inlining. This practice is considered infringement, because the user never visits the website from which the material originated. Web Resources – con’t : Web Resources – con’t When in doubt, ask permission. Copyright protection extends to any original work, regardless of who created it, and permission is required for use. Therefore, error on the side of caution and ask for permission before using. Don’t try to sneak it in because new technology allows for works to be digitally tagged and easily tracked. Also, cyber bounty hunters (i.e., Markwatch (www.markwatch.com)) actively seek violators for profit. Rules of thumb for creating Educational Multimedia – con’t : Rules of thumb for creating Educational Multimedia – con’t Digitizing and/or using others’ works for your educational multimedia project: Students and educators may incorporate others’ work into a multimedia project in connection with or creation of class assignments, curriculum material, remote instruction, examinations, student and/or professional portfolios, and professional meetings and conferences. Be conservative using only small amounts of their material. You may want to obtain written permission for use from the author(s). Digitizing & Using Other’s – con’t : Digitizing & Using Other’s – con’t Digitizing and using other’s images for educational multimedia: Ask yourself, is the image you wish to digitize for sale or license at a fair price or readily available online? If your answer is yes, then link to, purchase, or license the image. Do not digitize it unless you are in the process of negotiating a license. Digitizing and using other’s images – con’t : Digitizing and using other’s images – con’t If your answer is no, then digitize and use the image with these limitations: limit access of all images except any small, low resolution “thumbnails,” to students enrolled in the class and administrative staff as needed; faculty members may use images at peer conferences; and, students may download, transmit, and/or print images for personal study/use in preparation of academic course assignments, publicly display images in works prepared for course assignments, and keeping their works, containing images, in their portfolios. Digitizing and using other’s images – con’t : Digitizing and using other’s images – con’t Periodically, review digital availability of the image because… a previously unavailable image may become available online. the image may become purchasable or available for license at a more fair price, allowing you to acquire it. licensing agreements may change. Digitizing & Using Other’s – con’t : Digitizing & Using Other’s – con’t Digitizing and using other’s performances (a student’s oral presentation or live interactives in distance learning, for example) for educational multimedia: Please keep in mind that small parts of the whole performance, limited times, and limited access fall under Fair Use. Digitizing Other’s Performances – con’t : Digitizing Other’s Performances – con’t If you need to show the performance in a manner that is not considered fair use, use the following guidelines: Limit access to students enrolled in the class and administrative staff as needed. Make sure to terminate student access at the end of the class term. Obtain permission (for example, a signed student release form) for materials that will be used repeatedly by the same instructor for the same class in different semesters. Make sure to cite sources appropriately (attribution). Digitizing Other’s Performances – con’t : Digitizing Other’s Performances – con’t If you are going to incorporate public performances (a student play, for example): Use it sparingly. Try to have a faculty member or institution obtain a legal copy of the work (i.e., by purchase, license, fair use, interlibrary loan, etc.) Make sure to include any copyright notices from the original. Definitely include all of the appropriate citations (attribution). Rules of thumb for creating Educational Multimedia – con’t : Rules of thumb for creating Educational Multimedia – con’t Guidelines for maintaining electronic reserves for your educational multimedia projects: Electronic reserves are educational materials students can reference, for your class, throughout the semester. For example, libraries often place excerpts from copyrighted works, in electronic reserves (in compliance with Fair Use) to govern formal classroom distribution of materials. Electronic Reserves Guidelines – con’t : Electronic Reserves Guidelines – con’t You should limit reserve materials to: single articles or chapter; several charts, graphs or illustrations; or other small parts of a work. a small part of the materials required for the course. copies of materials that a faculty member or the library already possess legally (i.e., by purchase, license, fair use, interlibrary loan, etc.) Make sure to include: Any copyright notices from the originals. All of the appropriate citations (attribution). Electronic Reserves Guidelines – con’t : Electronic Reserves Guidelines – con’t You should limit access to students enrolled in the class and administrative staff as needed. Make sure to terminate student access at the end of the class term. Obtain permission (for example, a signed student release form) for materials that will be used repeatedly by the same instructor for the same class in different semesters. Rules of thumb for maintaining Educational Multimedia : Rules of thumb for maintaining Educational Multimedia Remove unauthorized material If someone complains about unauthorized use, the offending material should be removed immediately while you investigate the complaint. Continuing to use the material after being notified may aggravate the claim and increase chances that you will be found liable, which will increase the amount of damages you may have to pay. Rules of thumb for maintaining Educational Multimedia – con’t : Rules of thumb for maintaining Educational Multimedia – con’t You are liable for posts on your website. Therefore, if one of your students posts something on your website that infringes someone else’s copyright, you can be the one held liable. The wisest approach is to remove any questionable material quickly until the matter is resolved. You may want to consider posting a notice prohibiting such unauthorized activities and that perpetrators will pay for any damages caused by their actions, or your site could include a click wrap agreement (“click to accept”) for any material that is uploaded. Releases (Written Permission) : Releases (Written Permission) Release – a binding contract in which someone forgoes a right to sue you for specific violations of personal rights (i.e., defamation, the right to privacy, the right of publicity). It’s generally best to keep releases as short and simple as possible. Since people are often asked to sign a release under short notice, they may hesitate if the document is complex or intimidating. Releases – con’t : Releases – con’t As a general rule, you do not need a release (written permission) for the use of a person’s name or image if your use is not defamatory, does not invade privacy, and/or is not for commercial purposes. For example, a celebrity’s photo can be used in a news story without release. However, you will need to obtain copyright permission from the owner of the photograph. Releases– con’t : Releases– con’t Example of an informal release request: For use of a work by an acquaintance: “I am the owner of rights to ___________________ [title of work] and I authorize its display and reproduction at the _________________________ [name of website] website located at __________________________ [insert URL for site] for a period of _________________________ [insert length of time].” Releases– con’t : Releases– con’t Example of an informal release request: For use of work by students, the teacher has the parent/guardian of each student under the age of18 sign a permission agreement stating: "I authorize the display and reproduction of the artwork entitled ___________________________ [name of project], credited to my child, ________________________ name of student], at the _____________________ [name of school] website for a period of one year." Teacher Responsibility : Teacher Responsibility Teachers have a vital role in making sure that students understand the spirit and the letter of copyright law. Educators should address copyright issues in their classrooms: They should help students learn about the value of created works and develop respect for the creators. Also, that obeying copyright laws benefits society as a whole by supplying incentives (financial reward) for the creation of original work. Teacher Responsibility – con’t : Teacher Responsibility – con’t Educators should address copyright issues in their classrooms: Students must understand that if material can’t be easily identified as copyrighted or not, that copyright should be assumed and to act accordingly. Teachers should educate students about how to ask permission to use materials that are copyrighted. Perhaps having them fill out releases or writing their own releases would help them practice. The Alternative : The Alternative If you don’t want to deal with figuring out if something is fair use, determining copyright status, and getting releases, but you don’t want to risk a law suit, then create your own material. Remember, copyrights protect the owner’s rights, therefore, if you own the material, you can use it in any way you’d like, without worry of penalties. What if… : What if… But, what if you create a work and someone else uses it or alters it and makes money from it commercially? Worse yet, what if they copyright it, which means you will not be able to use it again without permission? You can license your creations to prevent this from happening. See the Creative Commons website (http://creativecommons.org/) for details. What is Creative Commons? : What is Creative Commons? According to Wikipedia, “Creative Commons is a non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright licenses known as Creative Commons licenses. These licenses allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators.” http://en.wikipedia.org/wiki/Creative_Commons Creative Commons Licensing : Creative Commons Licensing There are four major permissions involved in Creative Commons licenses: “Attribution - you let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request.” http://creativecommons.org/about/licenses/ Four major permissions – con’t : Four major permissions – con’t “Share Alike - you allow others to distribute derivative works only under a license identical to the license that governs your work.” http://creativecommons.org/about/licenses/ Four major permissions – con’t : Four major permissions – con’t “Non-Commercial - you let others copy, distribute, display, and perform your work — and derivative works based upon it — but for noncommercial purposes only.” http://creativecommons.org/about/licenses/ Four major permissions – con’t : Four major permissions – con’t “No Derivative Works - you let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.” http://creativecommons.org/about/licenses/ Creative Commons Licenses : Creative Commons Licenses Attribution – others may share, tweak, build upon, and so on, your material as long as they credit you. Attribution Share Alike – others may share, tweak, build upon, and so on, with attribution, but any derivatives must be licensed under the same conditions. Attribution No Derivatives – allows for redistribution (commercial or not), as long as it remains unchanged and whole with attribution. Creative Commons Licenses – con’t : Creative Commons Licenses – con’t Attribution Non-Commercial – others can share, tweak, build upon, and so on, with attribution, as long as their derivatives are not used commercially. Attribution Non-Commercial Share Alike – same as Attribution Non-Commercial (above), but any derivatives must be licensed under the same conditions. Attribution Non-Commercial No Derivative – others may use your work, with attribution, but they can’t change your work or use it commercially. Licenses at a Glance : Licenses at a Glance Protect Yourself : Protect Yourself Know about copyrights and fair use to protect yourself from law suits resulting in monetary penalties and possible job loss. Protect your students by teaching them the proper and ethical way of using other’s works. Protect your own creations by licensing them at the Creative Commons website (http://creativecommons.org/). What about our school’s policies? : What about our school’s policies? If you would like to know more about specific Indian River State College’s policies, please visit our library’s copyright website at the IRSC homepage, then click on libraries, then copyright or just go to: http://www.irsc.edu/portal/layout_web1.aspx?AdminEdit=False&PortalPageID=687 You will also find some great tutorials on copyright and fair use. Want information for your students? : Want information for your students? Here’s some great youtube videos on copyright & fair use: http://www.youtube.com/watch?v=FnXIQzMgXSw&feature=PlayList&p=A405179A4A8ADBA7&playnext=1&playnext_from=PL&index=1 http://www.youtube.com/watch?v=B7nkQJZhAUw http://www.youtube.com/watch?v=zs9F9OczZLE&feature=related http://www.youtube.com/watch?v=KYB9hGv_yA0&feature=related http://www.youtube.com/watch?v=-eYrXEmi_fQ&feature=related References : References http://www.copyright.gov/title17/92chap1.html#107 http://www.copyright.com/ccc/viewPage.do?pageCode=cr10-n http://www.universityofcalifornia.edu/copyright/fairuse.html http://en.wikipedia.org http://users.mfi.net/forest/avery/manners/copyright_presentation/COPYRGT_files/frame.htm More References : More References http://library.stanford.edu/cpyright.html http://www.education-world.com/a_curr/curr280d.shtml http://www.adec.edu/admin/papers/fair10-17.html http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm