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Tired Teachers survive Pre-Thanksgiving week!

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Tired Teachers survive Pre-Thanksgiving week!

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I is tired
But I is happy!
It's Thanksgiving break!
WOOHOOOO!
Enjoy your rest everyone!!!

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This is a great visual for our late elementary and secondary students.

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Center for Teaching and Learning | Wiley Education Services

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The availability of so much information on the Internet is both a blessing and a curse. It's a blessing because you have a wide variety of resources you can include in your online classes, but it can be a curse if you don't know how to include those resources legally and ethically. Although copyright and plagiarism concerns often seem confusing and even burdensome, there are actually several ways instructors can legally share the work of others in their online classrooms.

First, let's cover some basic definitions.

Copyright and Plagiarism (Yes, There's a Difference)

Copyright

Did you know that copyright was part of the U.S. Constitution before the Bill of Rights? And that the reasoning behind it was not, in fact, to make instructors' and students' lives harder?

In fact, copyright law is meant to encourage the sharing of information (Brigham Young University, n.d.). Let's think about why that might be true.

Imagine you've done some groundbreaking research in your field, but you haven't decided where to publish it yet. While you're talking to different journals, someone overhears you and grabs a copy of your notes, and then proceeds to take credit for your discovery and receive all the accolades that should have been yours. The next time you have a breakthrough, are you more likely to share your work or to keep it to yourself rather than risk being taken advantage of again?

Copyright is what protects you and other creators from those types of scenarios. In technical terms, copyright is legal protection for works fixed in a tangible form (United States Copyright Office, n.d.). In other words, copyright doesn't apply to ideas or thoughts, but the moment you write down or record an original work, copyright law protects it. The work doesn't need to be published to receive protection; copyright law still applies.

Public Domain

However, copyright protection doesn't last indefinitely. Unless someone applies for an extension, copyright lasts for the life-span of the creator plus 70 years. After that, the work enters what we call the public domain. Anyone can freely use, copy, manipulate, and distribute works in the public domain without permission from the original copyright holder.

Personally, my favorite example of using a public domain work is Pride and Prejudice and Zombies, in which the author takes the exact words of Jane Austen's Pride and Prejudice and weaves in a subplot about a zombie apocalypse.

Works created by the U.S. federal government automatically belong to the public domain, and some people create works specifically for public use (more on that later). However, you should always assume that a work is under the protection of copyright law unless it specifically states otherwise.

Plagiarism

Related to but separate from copyright law is the ethical issue of plagiarism. Plagiarism is the act of taking someone else's work and presenting it as your own without giving credit to the original creator. Plagiarism isn't a legal issue and thus can be more subjective, but it is something that all academics must pay attention to when handling the work of others.

In general, many acts of plagiarism are also copyright infringements (and vice versa), but this is not always the case (Plagiarism Today, 2013). For some examples, see the Venn diagram below.

How to Legally and Ethically Use the Work of Others

Luckily for educators, several provisions are in place to help you use portions of copyrighted materials in your classroom. Let's look at the advantages and limitations of each provision, discussed roughly in the order you should consider when deciding how to use a copyrighted work.

Permission

Advantages: The surest protection for using someone else's work is to ask the copyright holder for permission to use his or her work in your class. After all, the purpose of copyright law is to give creators control over how their works are used, so if a creator is happy to let you use his or her work, then your use will not be a copyright infringement.

Limitations: Obtaining permission can be quite challenging. Sometimes the copyright holder is not immediately evident, or contact information may not be available. And even if you are able to contact the copyright holder, there is no guarantee that he or she will say yes or even respond in a timely manner (if at all).

Linking

Advantages: If you are unable to obtain permission from the copyright holder, you can always provide a link to the original source that you want students to read or view (such as an online article or YouTube video). Because a hyperlink doesn't create a "copy" of the work, copyright law does not apply to sharing links. Links are simple to insert into your online class, and they allow you to give proper attribution without having to worry about the legality of using another's work in your course.

Limitations: Some institutions prefer to host all course material on their learning management system (LMS), so linking out to other websites may not be an option. Similarly, instructors must be mindful of the difference between sending students to other websites and embedding other sites' content within the LMS. Framing is more likely to present a plagiarism problem if instructors do not make it clear that they are not the creators of the content they are including in the course. However, embedding may be permissible if the copyright holder provides the embed code.

In addition, some content on other websites may be behind a paywall or require users to create an account to access it, neither of which are ideal for students who may not want to pay additional fees or create additional accounts.

Fair Use

Advantages: Fair use is a provision in copyright law that allows others to use portions of a copyrighted work for purposes of commentary and criticism (which is often the case in academic settings). Fair use does not require you to obtain the copyright holder's permission and allows you to copy limited portions of others' work into your own (with proper references and citations, of course).

Limitations: Fair use is not a blanket excuse to use any amount of a copyright work however you want even if it's for educational purposes. The question always with fair use is "How much is too much?" But unfortunately, there's no definitive answer to this question. Instead, it's better to think of fair use as a sliding scale, and your job is to make the strongest case possible for your use of another's work. The following graphic summarizes the four factors courts use to determine whether the use of a work is fair (adapted from University of Minnesota Libraries, 2011):

For more on fair use, check out our article Fair Use in More Detail.

The TEACH Act

Advantages: In traditional classrooms, instructors are permitted under copyright law to share copyrighted images, videos, and text during a class session (think of materials you would display on projectors). The Technology, Education, and Copyright Harmonization Act ( TEACH Act) sought to specifically address the issue of how this provision applies to online classrooms. The general idea is that online instructors can display some copyrighted materials in their online course as long as the material is secured behind a login (such as an LMS), is directly related to the teaching material, and does not exceed what might be covered in a traditional class meeting (American University Library, 2010).

For example, an instructor may show clips of a feature-length film, but he or she would not be allowed to show the film in its entirely, because that would exceed the length of a traditional class session. Or an instructor may be able to display some images to illustrate a point about art styles in a certain time period, but he or she would likely not be permitted to scan dozens of images from art history textbook. Similarly, an instructor would be able to share portions of a journal article but not the entire PDF (unless he or she borrowed it with the appropriate license from the school library).

Limitations: Instructors must meet several stipulations for their use of copyrighted material to qualify for the TEACH Act (American University Library, 2010; Hoon, 2007):

The institution must be accredited and nonprofit.

The use must be under the direction or supervision of an instructor.

The use must be an integral part of a class session.

The use must be part of systematic mediated instructional activities.

The use must be directly related to and of material assistance to the teaching content (e.g., not a decorative image in a PowerPoint).

The use must be limited to students currently enrolled in the class.

The instructor must make reasonable efforts to keep students from saving or disseminating the work after the course is over.

The class must contain a general copyright warning to students using the work(s).

For more on the TEACH Act and how it might apply in your online classroom, check out our article The TEACH Act in More Detail.

Open Educational Resources (OERs)

Advantages: Open educational resources (OERs) are materials that people have created expressly for educational use. OERs typically have an open license, meaning that the creators intend others to use and distribute the work widely without expectation of payment. OERs are becoming more and more creative and innovative along with the rest of the online education industry, so many rich resources are available. Check out our article on how to find quality OERs for your classroom.

Limitations: Finding an OER that fits your specific purposes can sometimes be challenging, especially if you already have a copyrighted work in mind and want an exact replacement. In addition, not every open license is the same; you need to check each individual OER's license to see the conditions of using the resource.

Conclusion

Copyright law seeks to protect creators so that they can share their works with the public without fear of losing ownership of their creations. Instructors can feel similarly secure sharing copyrighted works with their students once they know the provisions under copyright law that allow them to do so.

For specific examples of copyright issues that instructors often encounter in their online courses, see our article " Copyright Infringement and Plagiarism: Yes, Instructors Can Do It Too."

References

American University Library. (2010). What faculty need to know about copyright for teaching. Retrieved from https://www.american.edu/library/documents/upload/Copyright_for_Teaching.pdf

Brigham Young University. (n.d.). Module 1: Copyright basics and requesting information. Copyright 101. Retrieved from http://copyright101.byu.edu/module1/page3.htm

Columbia University Libraries. (n.d.). Fair use. Retrieved from https://copyright.columbia.edu/basics/fair-use.html

Gasaway, L. (n.d.). When U.S. works pass into the public domain. Retrieved from http://www.unc.edu/~unclng/public-d.htm

Hoon, P. (2007). Using copyrighted works in your teaching FAQ: Questions faculty and teaching assistants need to ask themselves frequently. Retrieved from http://www.knowyourcopyrights.org/storage/documents/kycrfaq.pdf

Plagiarism Today. (2013, October 7). The difference between copyright infringement and plagiarism. Retrieved from https://www.plagiarismtoday.com/2013/10/07/difference-copyright-infringement-plagiarism/

Stanford University Libraries. (n.d.). Measuring fair use: The four factors. Retrieved from http://fairuse.stanford.edu/overview/fair-use/four-factors/

United States Copyright Office. (n.d.). Copyright in general. Retrieved from http://www.copyright.gov/help/faq/faq-general.html

University of Minnesota Libraries. (2011). Can I use that? Fair use in everyday life. Retrieved from https://netfiles.umn.edu/users/nasims/Share/FairUseforFacultyRev10_2011.pdf

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Copyright and Plagiarism: The Bare Minimum Instructors Need to Know - Center for Teaching and Learning | Wiley Education Services

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The availability of so much information on the Internet is both a blessing and a curse. It's a blessing because you have a wide variety of resources you can include in your online classes, but it can be a curse if you don't know how to include those resources legally and ethically.

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The best way to understand the flexible principle of fair use is to review actual cases decided by the courts. Below are summaries of a variety of fair use cases.

Cases Involving Text

Not a fair use. A company published a book entitled Welcome to Twin Peaks: A Complete Guide to Who's Who and What's What, containing direct quotations and paraphrases from the television show Twin Peaks, as well as detailed descriptions of plots, characters, and setting. Important factors: The amount of the material taken was substantial and the publication adversely affected the potential market for authorized books about the program. (Twin Peaks v. Publications Int'l, Ltd., 996 F.2d 1366 (2d Cir. 1993).)

Not a fair use. A company published a book of trivia questions about the events and characters of the Seinfeld television series. The book included questions based upon events and characters in 84 Seinfeld episodes and used actual dialog from the show in 41 of the book's questions. Important factors: As in the Twin Peaks case, the book affected the owner's right to make derivative Seinfeld works such as trivia books. (Castle Rock Entertainment, Inc. v. Carol Publ. Group, 150 F.3d 132 (2d Cir. 1998).)

Not a fair use. In a case involving the author J.D. Salinger, an author wrote a book in which a character known as Mr. C was allegedly modeled after the character of Holden Caulfield, from Salinger's The Catcher in the Rye. After Salinger sued, the sequel's author claimed that his work was a parody, an argument rejected by the district court. The court determined that fair use would not succeed as a defense and granted Salinger's request for a preliminary injunction. (The Second Circuit Court of Appeals agreed with the fair use analysis but reversed the case regarding the standard used for the preliminary injunction.) Important factors: Aging the character and placing him in the present day does not add something new, particularly since the character's personality remains intact as derived from the original work. (Salinger v. Colting, 641 F.Supp.2d 250 (S.D. N.Y. 2009).)

Artwork, Visual Arts, and Audiovisual Cases

Fair use. In a lawsuit commonly known as the Betamax case, the Supreme Court determined that the home videotaping of a television broadcast was a fair use. This was one of the few occasions when copying a complete work (for example, a complete episode of the Kojak television show) was accepted as a fair use. Evidence indicated that most viewers were "time-shifting" (taping in order to watch later) and not "library building" (collecting the videos in order to build a video library). Important factors: The Supreme Court reasoned that the "delayed" system of viewing did not deprive the copyright owners of revenue. (Universal City Studios v. Sony Corp., 464 U.S. 417 (1984).)

Fair use. A Google search engine did not infringe a subscription-only website (featuring nude models) by reproducing thumbnails. Important factors: The court of appeals aligned this case with Kelly v. Arriba-Soft (above), which also permitted thumbnails under fair use principles. (Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007).)

Fair use. A publisher of monster magazines from the 1950s, '60s, and '70s sued the creator and publisher of a book, Famous Monster Movie Art of Basil Gogos. (Gogos created covers for the magazines.) The book publisher had obtained licenses from the artist directly, but not from the magazine publisher who claimed copyright under work-made-for-hire principles. The district court determined that the use was transformative. Important factors: The use was for a biography/retrospective of the artist, not simply a series of covers of magazines devoted to movie monsters. In addition, the magazines were no longer in print, and the covers amounted to only one page of the magazine, not the "heart" of the magazine. (Warren Publishing Co. v. Spurlock d/b/a Vanguard Productions, 645 F.Supp.2d 402, (E.D. Pa., 2009).)

Fair use. In a battle over the use of viral videos, a humor program, Equals Three, reproduced viral videos from another source, Jukin Video, and commented on them, often reproducing the clips in their entirety. Important factors: The court determined that in the case of 18 of the 19 videos, Equals Three used no more than necessary of each video for purposes of its commentary; and that the jokes and commentary added something new to the viral videos. Equals Three, LLC v. Jukin Media, Inc., 14-09041 (C.D. Cal. Oct. 13, 2015).

Internet Cases

Fair use. The Washington Post used three brief quotations from Church of Scientology texts posted on the Internet. Important factors: Only a small portion of the work was excerpted and the purpose was for news commentary. (Religious Technology Center v. Pagliarina, 908 F.Supp. 1353 (E.D. Va., 1995).)

Fair use. Displaying a cached website in search engine results is a fair use and not an infringement. A "cache" refers to the temporary storage of an archival copy-often a copy of an image of part or all of a website. With cached technology it is possible to search Web pages that the website owner has permanently removed from display. An attorney/author sued Google when the company's cached search results provided end users with copies of copyrighted works. The court held that Google did not infringe. Important factors: Google was considered passive in the activity-users chose whether to view the cached link. In addition, Google had an implied license to cache Web pages since owners of websites have the ability to turn on or turn off the caching of their sites using tags and code. In this case, the attorney/author knew of this ability and failed to turn off caching, making his claim against Google appear to be manufactured. (Field v. Google Inc., 412 F.Supp.2d 1106 (D. Nev., 2006).)

Fair use. A real estate blog copied the first eight sentences from a newspaper article. Important factors. The blogger had copied only eight sentences and had not copied the "valuable" section (the commentary included with the article), and the court did not believe that the copying would affect the market for the article (the third and fourth fair use factors). Righthaven LLC v. Realty One Group, Inc., No. 2:10-cv-LRH-PAL, 2010 WL 4115413 (D. Nev., October 19, 2010).

Fair use. A nonprofit organization posted a newspaper article about police discrimination on its website. The newspaper assigned its right in the article to a third party, Righthaven, which filed the lawsuit. Important factors. The court's reasoning was influenced by the fact that Righthaven had acquired the copyright and was not in the newspaper business (it appeared to be in the "litigation business"). For that reason, the court reasoned that the nonprofit's use was transformative because its purpose was to educate the public about immigration issues, whereas Righthaven had no such purpose for the article (because it was not in the news business). And also, because Righthaven was not in the news business, it could show no harm from the defendant's dissemination of the article. Righthaven LLC v. JAMA, No. 2:2010-cv-01322, 2011 WL 1541613 (D. Nev., April 22, 2011).

Fair use. A user of an online political forum posted a five-sentence excerpt from a newspaper article with a link back to the newspaper's website. Important factors: The use was quantitatively small and did not cause the newspaper financial harm. In addition, the online political forum was permitted to use the safe harbor provisions of the Digital Millennium Copyright Act. Righthaven LLC v. Democratic Underground, No. 2:10-cv-01356-RLH (GWF).

Fair use. Google made digital copies of millions of books submitted to it by libraries, scanned them and made them available to search through its Google Books service, so that users could-for free-identify relevant words, terms, or snippets from the scanned text. Google also allowed participating libraries to retain the copies they submitted. Important factors: Google's digitization was deemed a transformative use because it provided limited information about the books without allowing users more complete access to the works. Authors Guild v. Google, Inc., No. 13-4829 (2d Cir. 2015).

Consider Fair Use Before Requesting DMCA Takedown

In 2008, a district court ruled that prior to requesting a takedown notice, a copyright owner must consider the likelihood of a claim of fair use. In that case, Universal Music issued a takedown notice for a video of a child dancing to the song, "Let's Go Crazy," by Prince. The owner of the video claimed that since Universal didn't consider the issue of fair use, Universal could have not had a "good faith belief" they were entitled to a takedown. Faced with this novel issue a district court agreed that the failure to consider fair use when sending a DMCA notice could give rise to a claim of failing to act in good faith. ( Lenz v. Universal Music Corp., 572 F.Supp.2d 1150 (N.D. Cal., 2008).)

Music Cases

Parody Cases

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The best way to understand the flexible principle of fair use is to review actual cases decided by the courts. Below are summaries of a variety of fair use cases. Not a fair use.

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Make a new post below - comments, suggestions, questions...

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Copyright Issues for the Unsuspecting School District 

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Copyright Issues for the Unsuspecting School District 

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The Copyright Act of 1976 The Copyright Act of 1976, 17 U.S.C.S. 101, et seq., was enacted to address new forms of media that had become prevalent as of 1976, including television, radio, sound recordings and motion pictures. Under this act, copyright protection extends to creations such as music, literary and dramatic works, audio recordings, motion pictures, pictures and graphics, and architectural works.

The act also includes six exclusive protections for copyright holders – the right to:

reproduce;

distribute;

perform;

display;

create derivative works; and

perform sound recordings via digital audio.

In other words, individuals who do not hold a copyright may not use a copyrighted work to do any of these things without first obtaining permission from the copyright holder or providing appropriate compensation for the use of the work.

Click the link above to read more.

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Copyright Issues for the Unsuspecting School District - New Jersey School Boards Association

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The use of pictures, video and music files in school presentations, classroom lessons and on district websites is not a new phenomenon in New Jersey. However, a teacher or student’s natural inclination to utilize current photos or videos to illustrate a point carries with it certain legal pitfalls t…

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Copyright Issues for the Unsuspecting School District

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It has never been easier to publish online or consume digital content. This comes with many advantages and can make teaching and learning so much more targeted and impactful. Living in a digital world also brings up many questions - one issue that is very important to understand is copyright.

Whether you're an educator, student, or blogger, copyright is a topic that is often overlooked as it can be confusing or just not considered important.

Unfortunately, there are also a lot of myths about copyright circulating amongst the education community. Maybe you've heard that you can use any images or texts you find online if you're using them for education? Or perhaps you've heard that you can use any songs in your videos as long as you use less than 30 seconds? Yep, both not true.

Copyright is important for all teachers, students, and bloggers to know about. And it doesn't have to be as complicated as you think. We're here to break down the basics of copyright and other related topics like fair use, public domain, and Creative Commons.

There's a lot to learn in this post so remember to bookmark it and use the menu below to navigate.

Let's get started with the basics.

Let's begin with the 5 main rules you need to remember about copyright.

1) Just because you found it online, doesn't mean it's free to use (even if you're a teacher or student).

2) There are a lot of resources you can use freely including work that has a Creative Commons license or is in the public domain.

3) You have a right as a creator to have your work protected from copying and you can also give your own content a Creative Commons license.

4) If in doubt about using content, ask the creator for permission, find a free alternative, make your own material, or purchase an alternative that has the usage rights you're after.

5) Instead of looking for loopholes, consider whether you're being the most responsible and ethical digital citizen you can be.

📌 Want a poster for your classroom or staffroom? Download a letter-sized poster of the 5 rules to remember here.

Copyright is a form of legal protection offered to creators by default. That means, in many countries (like the USA and Australia), you don't have to register your work to have it protected by copyright.

Some creators do register their work with the U.S. Copyright Office (or the equivalent in their own country). Usually, this is to provide strong evidence to a court that the creator is the copyright holder if there is ever an infringement case. You don't need to have registered your work with the Copyright Office in order to pursue a copyright infringement case.

It's a myth that you have to display a copyright symbol © to protect your work.
Can Others Use Your Copyrighted Work?
If you're a copyright owner, someone else can't copy your work without your permission. They also can't perform the work, distribute copies of the work, display the work publicly, or create derivatives.

If someone does use work that's protected by copyright without permission, that's called copyright infringement. We'll cover this later.
Who Owns The Copyright?
Usually, the creator of a work is the copyright owner but the copyright can also be sold, traded, or inherited.
What Does Copyright Cover?
Copyright covers both published and unpublished works that are tangible in format. So, all tangible original work is protected by copyright whether it's a blog post, music, artwork, photo, play, poem, novel, dance choreography, movie, software, architecture, or more.

Copyright does not protect works that are not tangible, like facts or ideas. Copyright only protects the tangible expression of your ideas. So you might have a great idea for a blog post about teaching 5th grade math but unless you actually write the post, you can't protect the idea that's floating around in your head. And you can't stop others from writing about the same idea.

You can read more about the basics of copyright on the U.S. Copyright Office website (or on your own country's official site). There are some variations between countries.

So now you understand that most of the work you're accessing online or in books is going to be protected by copyright (images, text, videos, music, and more). This means you can't necessarily use these materials freely on your class blog, website, or with your students in your classroom.

"But fair use applies here doesn't it", I hear you ask? Because you're using images, text, videos, or music for educational purposes, that's okay, right? Teachers and students don't have to worry?

Not necessarily.

The more you dig in to the topic of fair use, the more you come to realize it is a gray area.

As the U.S. Copyright Office explains, The Classroom Use Exemption 17 U.S.C. §110(1) allows you to use copyrighted material when you meet certain criteria.

If you're teaching online or wanting to hand out copies of work, then you may not be covered by this exemption. Furthermore, these fair use laws are specific to the U.S. so if you're in another country, you may not be covered. Some countries don't have a fair use law or they may be more specific or broad than the U.S.

For example, in Australia, there is " Fair Dealing " which is an exception to copyright infringement that's a little more specific than in the U.S. You may be able to use portions of copyright material without permission for the purpose of:

research or study

criticism or review

parody or satire

reporting news, or

enabling a person with a disability to access the material

Overall, fair use isn't as simple as it seems, right? Instead of trying to find loopholes with fair use, a better approach is to look for materials that you can use freely.

The best place to start is with public domain or Creative Commons materials. So let's dig into that.

In general, in the U.S., copyright lasts for the life of the author plus seventy years after the author's death.

What happens to work after the copyright expires? Well, it becomes part of the public domain. Works can also enter the public domain if they are factual (e.g. charts or calendars), they are published before a certain date, or a creator has assigned their work to the public domain.

When something is in the public domain it means the work is owned by the public and you don't have to get permission to use it. This is great for educators looking for materials they can freely use with their students.

Example Public Domain Resources

There are many places online where you can find books, images, audio, and videos that are in the public domain.

Some popular choices for public domain materials include:

Sometimes creators (copyright holders) are happy for others to use their work, as long as they meet certain conditions.

A creator can place a Creative Commons license on their work which describes the terms of using, modifying, and sharing the works. A simple license removes the hassle of others having to ask the creator for permission.

Creative Commons is an international organization that made this system possible. The mission of the Creative Commons organization is clear,

By helping people and organizations share knowledge and creativity, we aim to build a more equitable, accessible, and innovative world.

If a creator decides to attach a Creative Commons license to their work, there are six Creative Commons licenses to choose from.

I have written a post on my own blog about copyright and Creative Commons that includes a poster to simplify the licenses.

The poster includes a Creative Commons license so you're welcome to use the poster in your classroom or share it with your colleagues (a poster about Creative Commons licenses that includes a Creative Commons license - meta, right?). There is a PDF version of the poster on my blog.

👉🏽 If you'd like to learn more about Creative Commons licenses, the video below by McLaughlin Library is a good place to start. You can learn more about Creative Commons Licenses on the official website of the organization as well.

If you need images for your blog, website, videos, or other projects, Creative Commons images are a good choice. As long as you're using the image according to the license with attribution, you won't be infringing copyright.

If you're looking for images that have a Creative Commons license, there are an increasing number of options out there. We'll show you some of the more popular options, but first, it's important to understand attribution.

All Creative Commons resources require attribution unless they're licensed with the least restrictive Creative Commons Zero license. That means no attribution is required and you can use the resource however you like.

Let's take a look at how to attribute Creative Commons images. The same instructions apply to other works (text, videos, etc.).

How To Attribute Creative Commons Images

When you use a resource with a Creative Commons license, you have to attribute it in a particular way. Attributing means sharing the details of the work and giving credit.

The acronym TASL can help us remember what to include.

Title of the image or material (don't worry if there is no title)

Author or creator of the image/material

Source of the image/material. Where is it from? Include a link if possible so others can find it

License - include which of the six Creative Commons licenses applies to the work

Here's a photo I found on Wikimedia Commons of a bridge in Western Australia. You can see I included the attribution below the image.

By Dietmar Rabich, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=84138882

If you use images from Wikimedia Commons, getting the attribution information is easy. As you go to download the image, you're prompted to copy the attribution information.

You can copy the attribution information either in plain text format (as in caption above), or as HTML as shown below.

If you insert HTML into your blog post, it'll become hyperlinked. Learn more about inserting custom HTML in Edublogs/CampusPress/WordPress block editor here.

👉🏽 If you'd like to learn more about attribution and explore some examples of ideal, acceptable, and unacceptable attributions, check out this page on the Creative Commons wiki. There's also a handy PDF about attribution on the Australian Creative Commons website.

Now you know the basics of attribution. Let's take a look at where you can find images and music that have a Creative Commons license. We'll begin with images that don't require attribution.

Creative Commons Zero Images
(No Attribution Required)
There are a number of websites where you can find images that are free to use without attribution (Creative Commons Zero).

I've written a post on my blog about the best websites to find Creative Commons images that either don't require attribution or the attribution is included within the image like the example below from Photos For Class:

The sites reviewed in my post and the summary diagram below are:

* Photos For Class currently has fewer options than it used to. The team has told us they aim to improve this in mid-2020. 🤞🏽

Here's a summary poster that you're free to use in your own teaching.

The one issue that a lot of educators overlook is that a lot of these free image sites are age-restricted. So if you teach younger students, many sites are not going to be suitable.

Another thing to consider is that even though the images from these sites don't need to be attributed (or they include the attribution information within the image) it's still a good idea to teach students about copyright, Creative Commons, and attribution. As producers and consumers on the web, these are really vital understandings for students and all internet users. Just remember, even if attribution isn't required, it's always appreciated by the creator.

Creative Commons Images That Require Attribution

Apart from the sites listed above with images that don't require attribution, there are other places to find images with one of the six Creative Commons licenses that do require attribution.
Creative Commons Search Engine
The first place you might want to look is the search engine on the official Creative Commons website. This is an excellent tool that was updated in 2019. It allows you to search through millions of CC images from more than 20 different sites.

When using the search engine, you can easily filter the search results - for example, you can filter by file type, use, or license.

There's also a Creative Commons search browser extension that allows you to look for Creative Commons images on the go.

Wikimedia Commons
We already mentioned Wikimedia Commons above in the section about attribution. Wikimedia Commons has a large collection of images, audio, and videos that are free to use. Most require attribution.

Wikimedia Commons collections are included in the Creative Commons search engine so that tool really is a one-stop shop.
Search For Creative Commons Images On Google
Sadly, it is common practice for many teachers, students, and bloggers to take images straight from Google. Most images on Google are protected by copyright and using these images is illegal and unethical.

You may know that you can do an advanced search on Google to find Creative Commons images, although it does require a few steps. First, you need to filter your search results to find images that can be reused.

This video from Jurupa School District explains how to do that.

Then the next step, that is not shown in the video, is you have to click through to the site the image is from, look for the Creative Commons license, and attribute your image correctly.

As we saw above, using the Creative Commons search engine or Wikimedia Commons makes it really simple to attribute your chosen image. All you really have to do is copy/paste. Using Google search doesn't make it easy to attribute Creative Commons images. So this is not the way we'd recommend finding Creative Commons images online.

No doubt there have been many times when you want to use music on your blog, in your content, or in class. When you're creating a video it can be extremely tempting to use popular music that reflects the mood and emotion of the footage. Or maybe you want students to play popular music at a performance or public event.

As you probably know, most music is protected by copyright. It doesn't matter if you paid for a song or not, it's still protected by copyright. It doesn't matter if you're only using 30 seconds or less of a song, it's still protected by copyright.

Let's take a look at some specific examples of music and copyright.

Using Music In Projects Like Videos

Normally, you can't just use any music you like in your projects or videos.

However, in many countries, there are exceptions. For example, in the U.S. and Australia, you are allowed to copy music to add to a video if:

a) it's for educational purposes and
b) you're not sharing your video publicly (or selling it!)

So, if you make a video with music that's protected by copyright, it's not okay to publish this on a public blog, social media, YouTube, and so on. And you couldn't show your video at a public event. However, it's okay if the video is just being shown privately to teachers, students, and families at home/school.

It's also important to note that background music is not considered "educational use".

Paying For Music And Streaming

There are popular sites and apps where you can pay to download or stream music legally - for example, Apple Music, Google Play Music, and Spotify.

You can listen to your downloaded music yourself, but can't upload the music to your blog or to a video or other project you're working on.

It's fine to stream music videos on sites like YouTube too but it's not usually legal to download the audio from a YouTube video as explained in this article.

Also, streaming music is meant for personal use - not for a public broadcast.

As Spotify says,

...it's not possible to use Spotify in public places (such as bars, restaurants, stores, schools, etc.). You may only make personal, non-commercial, entertainment use of the content.

Most streaming services are similar.

Embedding Music Videos

Embedding a music video from a site like YouTube or Vimeo into your blog is usually allowed.

As Richard Byrne says,

If the host provides an embed and you embed it using their code according to their rules (usually that means not trying to hide branding), you can embed it without violating copyright.

You can also link to music files or videos that are publicly available on the web.

Using Purchased CDs

Some people still listen to music by buying a CD or borrowing one from the library, although, of course, digital music is becoming a lot more popular than CDs in many parts of the world.

Again, you can't copy the music from a CD and use it for another public project (e.g. upload it to your blog or add it to a public video). It doesn't matter if you have purchased the CD legitimately.

👉🏽 If you'd like to learn more about using music in education for other purposes including school concerts and online learning, check out this fact sheet from the National Association of Music Education.

Creative Commons Or Copyright Free Music

Even though most music out there is protected by copyright, there are many places online to find Creative Commons or other copyright free music options.

You might first like to check if your district has any subscriptions you can make the most of. For example, Soundzabound.

If this isn't an option, there are lots of other sources of free music online.

Three options for free music and audio are:

Let's take a look at how these three sites work.

Dig CC Mixter

Dig CC Mixter offers thousands of hours of free music.

The music on this site has different Creative Commons licenses so you need to check whether you need to attribute the music or not.

Educational Blogger Richard Byrne explains in a video how to use Dig CC Mixter and filter by license.

YouTube Audio Library

YouTube has a great library of music you can use. Visit the Audio Library on YouTube to browse the selections.

If you click on Attribution, you can filter your results to find music that does or doesn't require attribution.

You can preview the music to see what it sounds like and download the music you want to use.

Here's an example called Sunshine in my Heart by Jingle Punks.

BBC Sound Effects

During 2018, the BBC made over 16,000 sound effects available to use. These sound effects are not actually Creative Commons - they're protected by copyright but the BBC gives permission for the sound effects be used for personal, educational, or research purposes.

You can browse by category to find the sort of sound effect you're after for your project.

You should put a link in your project or blog post to say that your sound effects are from the BBC and link to their site.

Here is an example of a sound clip. This is the sound of the surf at Bondi Beach, Sydney, Australia.

Surf - Bondi Beach, bbc.co.uk, copyright 2020

Where would we be without all the awesome video content we now have at our fingertips on the web? In the education world, extensive video libraries like YouTube are becoming priceless.

Video copyright can be complicated as video can draw together multiple elements - video footage, images, music, sound effects, and so on. When using, sharing, or creating video, you need to make sure all of these elements are not protected by copyright.

Can You Link Or Embed Videos?

You are free to embed any video from sites like YouTube, Vimeo, TeacherTube, TedED etc. on your blog or website as long as it gives you the embed option. It's a good idea to add a link to the video as well.

Linking or embedding from YouTube or other sites on the web is not considered copying. Just make sure the videos aren't violating copyright. If they are, they'll probably be taken down by the site eventually but some content gets through.

Can You Download Videos From Sites Like YouTube?

While linking and embedding videos is okay, you shouldn't download videos from YouTube. Sometimes this is tempting for teachers especially if they have unreliable internet connectivity, they're worried about a video being removed in future, or they want to add a video to a learning management system. However, downloading videos raises many legal questions and generally violates copyright.

Additionally, you can't necessarily use parts of videos from YouTube (or other sources) to make mashups or remixes. If you want to cut or remix videos, it is better to use Creative Commons content, public domain content, or request permission from the copyright holder.

Uploading Your Own Videos To YouTube

If you want to upload your videos to a site like YouTube remember to respect copyright. You should only upload videos that you made or that you have permission to upload. Make sure there aren't copyrighted elements (e.g. music or images) in your videos. Of course, get permission from your school or district if these videos are being used professionally.

Educators should be especially careful about permission if using footage of students. Some teachers use the blurring tools available in YouTube to blur student faces and identifying objects. Richard Byrne shares a demonstration of how to do this on his website.

👉🏽 If you're a creator and would like to learn more about videos and copyright, YouTube has a useful playlist of eight videos on their YouTube Creators channel.

Showing Videos To Students

Teachers can show videos in class for educational reasons, such as videos legally uploaded to YouTube (however, some districts don't allow YouTube to be used in schools).

If you have a legitimate copy of an offline video (e.g. DVD), you're allowed to use this in class for face-to-face teaching as long as it's for educational purposes (not for entertainment or a reward).

Remember, this would be in line with the U.S. fair use policies we described above, so check your own country's guidelines if in doubt. If you're in Australia, a useful website for all things copyright is https://www.smartcopying.edu.au

Say you've purchased a textbook or other teaching materials. You can obviously use these materials in class and you might be able to make photocopies, however, in most cases you can't upload purchased curriculum or books to a public site. That means don't put scans, photos, or PDFs of textbooks, worksheets, posters, picture books, novels, or other learning materials on your public blog or website.

If in doubt, seek guidance from the company you purchased the curriculum materials from about reuse.

Marketplaces Like Teachers Pay Teachers

Not so long ago, we were all purchasing our curriculum materials from professional organizations. Now anyone can be a creator and with the rise of sites like Teachers Pay Teachers, new copyright questions have arisen. As Education Week has pointed out, copyright infringement is rife on this popular marketplace.

What does this mean for you? Well, if you're uploading to a site like Teachers Pay Teachers you need to make sure you have permission to use all your elements including fonts and images.

If you're downloading resources from Teachers Pay Teachers, you need to seek clarification about how these can be used. And also keep an eye out for resources that look like they could be violating copyright before you use them (e.g. copies of a published textbook). There is limited vetting of copyright materials on Teachers Pay Teachers. As a savvy internet user, we all need to have an awareness of the larger copyright traps that are out there.

Link To Curriculum Resources

Linking may be a useful alternative to copying curriculum materials. If third-party text, articles, or other content is available on the web, teachers or students could include a link to the content on their blog or website.

Like embedding, linking is not a copyright activity because you're not "copying" the content. You're just providing a path to the original location that the readers can access themselves.

Creative Commons Textbooks And Curriculum

Another option to avoid copyright violations is to use curriculum materials that have Creative Commons licenses. One example is OpenStax. You can browse to find textbooks for a range of topics and the materials are free to use however you see fit.

You'll find some more open textbooks and course materials listed on this Open Washington page.

We know that most images, text, music, and other content are protected by copyright by default. Using work protected by copyright without permission is called copyright infringement. This is unethical and illegal. "Using" the work might involve reproducing, displaying, distributing, performing, or making your own derivatives.

But I Won't Be Caught...

If only that were true.

Google makes it incredibly easy for companies and content creators to seek out those posting their work on the web. In fact, most large companies now aggressively patrol the internet looking for copyright infringement.

Sadly, we are also noticing more and more "law firms" and organizations out there looking for copyrighted content as a way of generating business. They then contact the copyright holder offering their services to get the content removed (for a fee of course). It is a ruthless (and apparently profitable) practice.

Another issue that is important to be aware of involves Creative Commons Zero sites. There have been cases where people have used images from free image sites like Unsplash and then were hit with a copyright infringement case. Sometimes people put images up on these sites in order to sue. They leave the images up on the site until they are downloaded multiple times and then remove them. This is a dark side of Creative Commons Zero that's important to be aware of.

What If I Am Caught?

In many countries, copyright infringement brings hefty penalties including fines of hundreds of thousands of dollars and imprisonment, depending on the situation.

Of course, a good offense is your best defense. Check your blogs and class websites for any potentially offending material. Has anyone uploaded images straight from other websites or Google? Are there are educational materials (e.g. copies of textbooks) that shouldn't be there? Has copyrighted music been used publicly? If you find anything, just remove it.

The law requires copyright holders to give you (and the host of your site, such as Edublogs, WordPress, etc.) an official notification. Take these seriously and act quickly to remove what they want if you are in the wrong. That should be the end of it.

Here at Edublogs and CampusPress, we're contacted about copyrighted materials regularly. These are mostly images from Google, curriculum documents, or PDFs (e.g. textbooks or sheet music), or music files.

We were once notified about a teacher with a blog on Edublogs that had a harmless world map image on his blog that he had presumably found using Google image search. When we contacted him telling him why we had removed the image, he asked if he and his students could write an apology letter to the copyright holder.

It was excellent - turning what could be a bit of an embarrassing mistake into a teachable moment for his students. Now this teacher had a good reason to discuss copyright and Creative Commons with his students.

Even if you haven't done anything wrong, having a space to publish online like a blog or website is one of the best ways students can learn about copyright and Creative Commons.

Whether you're a teacher, a student, or a regular blogger, when you're publishing online you must do your best to be a responsible digital citizen. This means respecting others' work and respecting copyright.

Here are three key things to remember when publishing online to be a legal and ethical digital citizen:

1) Steer Clear Of Google Images

Don't copy images off Google or other websites. Even if you include an attribution it is still illegal and unethical.

If you like an image and don't know where it originally came from, a reverse search might help.

If an image is created by someone that you can contact, you could always ask their permission to use it.

Remember the best bet is to find Creative Commons or public domain images. Otherwise, take/make your own images or purchase some from a stock photography website.

2) Embed Or Link To Audio Or Video Clips

If you're going to include a video or an audio clip, embed the file from the source and include a link as well. Don't download audio or video files as this brings up many questions about copyright.

If you're embedding from a site like YouTube, make sure the content doesn't violate copyright law. YouTube is usually pretty good at cracking down on this but there is some content on there that does violate copyright - e.g. copies of television shows.

3) Never Copy Someone Else's Blog Post

You might find this a little hard to believe but unfortunately people copy posts from other blogs and publish them on their own site all the time. Or they publish the blog post in another format such as a PDF document or slideshow.

And in case you're wondering, copying someone's blog post and then including an attribution does not make this okay.

If you do want to share someone else's blog post on your own blog, consider writing a short description of the post on your blog and then inviting readers to click on a link to read the post themselves. In your own post, you could include some key points about what you agreed or disagreed with. Or maybe you can expand on the topic in a different direction. All this would be perfectly acceptable and no doubt the author would appreciate the interaction.

Hopefully you now know that you definitely can't copy and paste someone else's whole blog post or image, but you can include a quote of some text.

Here are a few points to be aware of that we included in our post on The Edublogger about quotes:

Make it obvious which words are your own, and which words belong to someone else by using quotation marks or block quotes.

Make your quotes brief. There are no universal rules here. Some larger organizations have guidelines around how much you can quote (e.g. Hubspot's rules are 75 words). If you're unsure or think you might be using too much of someone's article, contact them to ask permission. Never copy the whole post.

Always include the person's name, and link to their site, article, or book if you can.

If you're using blockquotes, the attribution could be before the quote, inside it, or below it.

If you shorten a quote, use an ellipsis (...) in place of the missing words.

If you're adding any words or corrections to the quote, use brackets.

Earlier, we looked at the six types of Creative Commons licenses available to creators. If you're publishing online, you're a creator too! And you don't have to be a professional. Maybe you share memes or lesson resources on social media? Perhaps you write blog posts? Maybe you take your own photographs that you share online?

Have you ever considered adding a Creative Commons license to your own original work?

As the Creative Commons organization explains,

When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

This is therefore a serious decision but an important one. You can contribute to building a collection of art and knowledge that's accessible to anyone in the world. How cool is that! You remain in control by choosing your own license, and people who like your work can use or share it without having to contact you for permission.

Before you choose a Creative Commons license, you need to make sure you are the copyright owner and the work is copyrightable (e.g. in a tangible format).

If you're unsure which license to choose for your own work, there is an interactive tool on the Creative Commons website. This tool suggests a license after you answer a few questions. It also gives you a CC button that you can attach to your work to display your license.

If you would like to display your creative commons license on your blog, the easiest way is to use a text widget in your sidebar.

From your dashboard, go to Appearance > Widgets and select a Text widget to add to your sidebar. Paste the code provided by your Creative Commons license provider in the widget's text box, and click "Save".

Adults aren't the only ones who can add Creative Commons licenses to their work. In many countries, children can too. What an authentic way for students to learn about copyright and sharing online.

Perhaps a whole class or school could make a library of Creative Commons content (e.g. images or music) that can be used freely by the education community? Talk about authentic learning!

If you've made it this far into the guide you will have realized that copyright is a vast and complex topic, however, you don't need to be an expert to understand the basics.

We've made a collection of slides which you're welcome to use in your own classroom or perhaps you'd like to use them as part of your professional development program. Want to make a copy? Scroll down for instructions (don't request access).

Want a copy of the Google Slides presentation? Don't request access, just follow the steps below.

1) Click on this link: https://docs.google.com/presentation/d/1jK-_bTIBa9CZAC-bqKd0PQc7ohG9L47KSdcvfHgIxqw/copy?usp=sharing

2) You will be prompted to make a copy (screenshot below).

3) The Slides will be saved in your Google Drive.

4) You can edit the Google Slides to suit.

Before we conclude, take a moment to reflect back on the rules to remember about copyright.

Just because you found it online, doesn't mean it's free to use (even if you're a teacher or student).

There are a lot of resources you can use freely including work that has a Creative Commons license or is in the public domain.

You have a right as a creator to have your work protected from copying and you can also give your own content a Creative Commons license.

If in doubt about using content, ask the creator for permission, find a free alternative, purchase an alternative, or make your own material.

Instead of looking for loopholes, consider whether you're being the most responsible and ethical digital citizen you can be.

Do you have any other tips to add about copyright for educators, students, or bloggers? Be sure to leave a comment and let us know. We'd love to hear your suggestions.

For any specific questions regarding your own copyright dilemmas, please consult professional legal advice.

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We offer both cost-efficient and free options, along with site development, hosting, security, plugin and theme support to ensure your digital presence is meeting your goals in a fast-changing digital world.Want to learn more? Contact us to receive more information.

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The Educator's Guide to Copyright, Fair Use, and Creative Commons

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Copyright is important for all teachers, students, and bloggers to know about and it doesn't have to be as complicated as you think. In our ultimate guide, Dexter the cat helps us break down the basics of copyright, Creative Commons, and fair use....

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A Teacher's Guide to Copyright and Fair Use

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A Teacher's Guide to Copyright and Fair Use

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Have you ever shown a movie in your classroom JUST to show a movie with no instructional intent?

Have you ever played songs off of YouTube for fun JUST to have background music with no instructional intent?

This article breaks down how to use common sense and act as role model of proper use of copyrighted material, creative commons, fair use, public domain, etc.

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There are rules when it comes to using copyrighted material in the classroom-and easy ways to make sure you're always in the clear.

Michael Morgenstern / The iSpot

While some school districts have resources and policies to help teachers navigate the tricky waters of copyright and fair use, many teachers are under the impression that because they're educators, they have blanket protections.

But copyright and fair use laws are nuanced, and just because you're a teacher doesn't mean you're always in the safe zone. They're also not a nicety: In rare cases, school districts have been fined for violating copyright, so paying attention to the details of fair use and copyright can protect you and the school district. Educating yourself on the substance of the issue is also important because as a teacher you model proper use for your students so that they can protect themselves, too.

Copyright and fair use law has become a topic of concern as technology has increasingly lowered the barriers to sharing, copying, and creating at any time, making us all potential publishers and distributors of content. It's become a lot easier to break the rules. Particularly in the digital age, copyright is about collective responsibility and protection-and digital citizenship.

WHAT'S PROTECTED AND WHAT'S NOT

American copyright law originates in the U.S. Constitution and automatically protects all original, creative work in a fixed form; the moment a work is created, it is protected. Generally speaking, works created after January 1, 1978, are covered by copyright for a term equaling the life of the author plus 70 years after their death. The original works by Shakespeare, Dickens, Frederick Douglass, and just recently F. Scott Fitzgerald's The Great Gatsby and Alain LeRoy Locke's The New Negro: An Interpretation, for example, are in the public domain and are no longer protected by copyright. In addition, copyright doesn't apply to facts and public information, print maps, or government documents or pictures, so images and text from sources like NASA, the Smithsonian, and the National Archives can be used without permission.

The copyright for works that are not part of these exceptions is invisible and active at all times, of course, so it can be helpful to think about it like this: In most contexts, works created by others have a "No trespassing" sign on them. If you simply ignored a "No trespassing" sign on land, you'd be in violation of the law, right? Same thing with creative works, whether it's a doodle or the selfies you took with a friend's phone.

Within the context of educational and classroom settings (including online classes), copyright is a little more nuanced. There, even copyrighted material can be used if it's for face-to-face, instructional purposes and the educational institution is a nonprofit.

Teachers and most schools are therefore protected fairly broadly, allowing them to make use of films and articles from sources like the New York Times or Scientific American, as long as they do so in the context of instruction. Sharing a link to a recent Washington Post article in your learning management system, or to a video from PBS or CNN, is permissible if it's for the purposes of instruction and the educational institution is a nonprofit. Copying and distributing works created by others, however-for example, printing out whole articles and distributing them to your class-is generally riskier. In such cases, copyright law is more lenient when the copied material is not copied in whole or is not distributed to the whole class.

Be careful, as well, with any so-called creative works that you use in the classroom, like books, poems, movies, or songs. Generally speaking, even if you're using them for instructional purposes, these types of creative work are protected. In most cases, school systems purchase copies of those assets-or the students themselves are asked to purchase them-which gives everyone rights to consume them. Meanwhile, if you're using anything in this category for purposes that are not instructional, like showing a Pixar movie as a reward or during recess on a rainy day-without any instruction-then you're clearly infringing on copyright.

MAKING SENSE OF FAIR USE

To add to the confusion, there's the fair use doctrine, which is designed to promote freedom of expression (which is critical in educational settings) by permitting "the unlicensed use of copyright-protected works under certain circumstances"-a sort of legal counterbalance to copyright that allows for creativity. If there is a dispute about copyright, then judges use four factors to determine if something is protected by fair use.

Generally speaking, courts factor in the purpose of the use (did you use it for instructional purposes, for example); the nature of the original (was it fiction or more factual, for example); the amount of the work used (using all of the work, or especially important parts of the work is risky); and the value of the work (if your actions materially impact the ability of the artist to make a living, that infringes on copyright).

An important caveat: Use of content in the service of satire is OK, so if you're using or creating memes as part of your lesson plan, you're in the clear.

QUICK TIPS TO PROTECT YOURSELF

Given how nuanced copyright and fair use are and the complexities of digital use and sharing, these tips can help keep you in the safe zone.

Limit your exposure: Use a password-protected space like Google Classroom or any learning management system (LMS) to share published materials with your students, instead of using your class webpage. That way, you're sharing to the students in your class only.

Use Google's Tools setting: After a search for an image has produced results, click Tools/Usage Rights/Creative Commons license to filter images.

Use Project Gutenberg: It's a library of over 60,000 free e-books (and counting) for which copyright has expired. You can read them in a browser or on Kindle, or opt to download them. All of Shakespeare's work is there, for example, in addition to Narrative of the Life of Frederick Douglass, an American Slave, and works of many other authors.

Bookmark Creative Commons sites: The emergence of the internet spawned an innovation in copyright management called Creative Commons, which allows the creators of photos, videos, and text to apply transparent copyright rules and make the content available broadly. The Creative Commons search tool is invaluable for finding content you can use legally. Also bookmark sites that collect images, videos, or text that is shared under liberal Creative Commons rules-like Flickr, Pixabay (images, videos, and music), and Unsplash (photos); Noun Project (icons and photos); and Bensound, which has a library of free audio files-in addition to higher-quality files you need to purchase. Share the bookmarks with your students.

Don't forget Wikipedia: It's the grandfather of Creative Commons sites. You can copy or alter the text of this comprehensive resource, updated by volunteers who are often experts, if you include the backlink. Students should be warned, of course, that Wikipedia is subject to hacks (both malicious and comical), and the information should be verified with other sources.

Make use of free audiobooks: Multiple sites like Librivox and Spotify share free audiobooks. Titles on Spotify range from George Orwell's Animal Farm to Hans Christian Anderson's The Fir Tree.

Know that there isn't an urgency exemption: No matter how desperate the situation or noble your intentions, don't make and distribute copies of entire books, workbooks, study guides, practice books, or even an entire page from a textbook. Purchase enough copies for each student, or obtain permission from the owner to make copies.

Avoid copying and distributing "creative material": Novels, plays, movies, and poems are far more likely to be exempt from fair use.

Use published sources: Never copy and distribute unpublished material.

When in doubt, reach out: If a publication or resource you need is out of print and you cannot buy it (e.g., an out-of-print book), reach out to the publishing company and ask permission to make copies.

Plan ahead: Don't wait until the last minute and use something in haste.

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A Teacher's Guide to Copyright and Fair Use

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There are rules when it comes to using copyrighted material in the classroom-and easy ways to make sure you're always in the clear.

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Is that even legal? Animated GIFS and Copyright Laws

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Is that even legal? Animated GIFS and Copyright Laws

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Animated GIFs and copyright law

The trouble with using animated GIFs for commercial purposes lies in using someone else’s original content. This usage undermines the copyright owner’s ability to control derivatives of their work, where or how their work is shared, and their right to receive proceeds.

While individuals can usually make and share GIFs with little concern for repercussions, companies must be aware of copyright restrictions.

There is no standing legal decision that specifically determines whether GIFs made from copyrighted material qualify as infringement. When there is a dispute over a GIF and its original creators, it all comes down to the doctrine of fair use.

Whether or not a GIF can be used freely under fair use is determined by four factors:

Context – is it for commercial, nonprofit, or educational purposes? Uses that aren’t tied to revenue or profits are typically the safest.

Nature – is the content creative or factual? Unpublished or published? Copyright law extends the greatest protections to creative and unpublished works. (Don’t steal gifs from artists. Or Disney. No really don’t do it. Trust us.)

Quantity – How big a chunk of the source material  content portrayed in the GIF. A two second scene from a 90 minute movie does not use a substantial portion of the original work.

Economical value – Does the GIF take away from the monetary value of the original work? It’s hard to imagine any viewer would substitute a gif for an actual movie.

Continue reading from the article...

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Copyright in Social Media: Guidelines for a Messy Virtual World

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The rise of social media has created an entirely new way for librarians to reach out to patrons and ingrain themselves into the online co...

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Watch the quick video run-down of what is legal/illegal when it comes to copyright in the classroom environment.

Also, check out this link below to learn more about movies in the classroom.
https://guides.library.duq.edu/copyright/showing-films

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The phrase "public domain" refers to creative content that are not protected by intellectual property laws such as copyright, trademark, or patent laws. Works that are in the public domain may be used freely, without obtaining permission from or compensating the copyright owner.

There are four common ways that works arrive in the public domain:

the copyright has expired

the copyright owner failed to follow copyright renewal rules

the copyright owner deliberately places it in the public domain, known as “dedication,” or

copyright law does not protect this type of work.

Leads on interesting public domain works can come from a wide array of sources – from exhibitions, museums, concerts, television, the radio, books, newspapers, talking to people, etc.
Some Public Domain Databases include...

Project Gutenberg

Library of Congress

Internet Archive

Wikisource

Flickr: The Commons

Wikimedia Commons

Open Images

The Public Domain Review

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How to Use Creative Commons Videos on YouTube Without Copyright Claims

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A view of different licenses available...

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A view of different licenses available...

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Creative Commons is an American non-profit organization and international network entirely devoted to educational access and expanding the range of creative works available for others to build upon legally and to share without copyright law worries!

Some other good sites are...

Wikimedia Commons

Creative Commons Search

Flickr Creative Commons

Vimeo Creative Commons

Creative Commons Music

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Better Sharing, Brighter Future

"Twenty Years of Creative Commons (in Sixty Seconds)" by Ryan Junell and Glenn Otis Brown for Creative Commons is licensed via CC BY 4.0 and includes adaptations of the multiple open and public domain works. View full licensing and attribution information about all works included in the video on Flickr.

Creative Commons is an international nonprofit organization that empowers people to grow and sustain the thriving commons of shared knowledge and culture we need to address the world's most pressing challenges and create a brighter future for all.

Learn more

The nonprofit behind the licenses and tools the world uses to share

For over 20 years, Creative Commons has supported a global movement built on a belief in the power of open access to knowledge and creativity. From Wikipedia to the Smithsonian, organizations and individuals rely on our work to share billions of historic images, scientific articles, cultural artifacts, educational resources, music, and more!

Wikipedia

55+ million articles

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Wikipedia

55+ million articles

Every one of Wikipedia's 55 million plus articles are shared openly and freely using a CC license.

The Met

492,000+ images

All images of public-domain works in the Met's collection are openly available under Creative Commons Zero (CC0).

Khan Academy

100,000+ lessons

Many of the lessons found on Khan Academy are openly licensed under CC-BY-NC-SA.

Wikipedia

55+ million articles

Every one of Wikipedia's 55 million plus articles are shared openly and freely using a CC license.

The Met

492,000+ images

All images of public-domain works in the Met's collection are openly available under Creative Commons Zero (CC0).

Khan Academy

100,000+ lessons

Many of the lessons found on Khan Academy are openly licensed under CC-BY-NC-SA.

Latest News

Open Culture
Cropped, Open Culture Strategic Workshop by Filipa Alfama, CC BY 4.0

One year after Creative Commons (CC) hosted an exploratory Open Culture Roundtable, in Lisbon, Portugal, which initiated the Towards a Recommendation on Open Culture (TAROC) global initiative, nearly 50 stakeholders from all continents gathered again for a strategic workshop, in Lisbon in May 2024. In this blog post, we share a snapshot of key highlights.

About CC

Open Culture, Open Heritage

About CC, Community

About CC

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Images Attribution
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Open Culture
Cropped, Open Culture Strategic Workshop by Filipa Alfama, CC BY 4.0

One year after Creative Commons (CC) hosted an exploratory Open Culture Roundtable, in Lisbon, Portugal, which initiated the Towards a Recommendation on Open Culture (TAROC) global initiative, nearly 50 stakeholders from all continents gathered again for a strategic workshop, in Lisbon in May 2024. In this blog post, we share a snapshot of key highlights.

About CC

Open Culture, Open Heritage

About CC, Community

About CC

Images Attribution
view

Le Sortie de l'opéra en l'an 2000 by A. Robida - Library of Congress Prints and Photographs Division - Public Domain.

" An Original Theory or New Hypothesis of the Universe. Plate XXXI. ". By Thomas Wright. Public Domain

" Community Needs Care" by Camila Leão for Fine Acts x OBI is licensed via https://creativecommons.org/licenses/by-nc-sa/4.0/.

CC staff photos are licensed under CC BY 4.0. Gratitude to Sara Jordan Photography.

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Creative Commons is an international nonprofit organization that empowers people to grow and sustain the thriving commons of shared knowledge and culture we need to address the world's most pressing challenges and create a brighter future for all.

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Visual learner?  Check out these links for Fair Use, Copyright, and Intellectual Property. 

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Visual learner?  Check out these links for Fair Use, Copyright, and Intellectual Property. 

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Fair Use in Seven Words by University of Virginia Library

Creativity, Copyright, and Fair Use by Common Sense Education

Copyright and Fair Use Considerations for Online Teaching by Oxford College Library

Copyright & Fair Use Guidelines for Teachers by Laura Graves Massey

Intellectual Property by Business Wales/Busnes Cymru

An Introduction to Creative Commons by 18amrc

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A Blogger's Guide to Understanding Fair Use

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A Blogger's Guide to Understanding Fair Use

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You have a killer blog post to publish...but you need some images to go with it. You flip over to Google, search some keywords, find some great images, download, upload to your site, done. Wrong.
This is completely wrong.

Photographs are protected by copyright at time of publication and typically use by anyone else is not allowed, especially for commercial use, unless it falls under the Fair Use Doctrine. Understanding the doctrine of Fair Use and how to use images will keep your blog out of hot water and smooth the legal sailing of the blog.

What is fair use?

The Fair Use Doctrine is found in Section 107 of the Copyright Law with a list of various purposes for which use of image by a non-copyright owner (that would be you, unless you took the photograph or were given the copyright ownership) may be considered fair. Some of these purposes include: commentary, news, criticism, comments, teaching, research, etc.

The purpose itself is not indicative of allowing someone free reign to use your photograph though - the Section also outlines four factors to be considered in determining whether or not a particular use is "fair".

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

The nature of the copyrighted work

The amount and substantiality of the portion used in relation to the copyrighted work as a whole

The effect of the use upon the potential market for, or value of, the copyrighted work

Section 107
The goal with this doctrine is to benefit society through the use of the copyrighted work - and while courts are supposed to consider all of these factors - some factors may be given more weight than others based on the type of work and use of said work.

The courts have made clear that Fair Use disputes, "always 'call for case-by-case analysis.'" Castle Rock Entertainment v. Carol Publ'g Group, 150 F.3d 132 (1998).

What if I want to use someone's images or text?
It is important to note "acknowledging the source of the copyrighted material does not substitute for obtaining permission." US Copyright Office
In fact, a recent article on LifeHacker explains "while it is difficult to detect visual plagiarism, when it does occur it's not a legal problem. Plagiarism is an ethical concern that may have other elements of intellectual property theft tied with it. Copyright infringement, on the other hand, is illegal and carries with it potentially significant consequences. Plagiarism can be avoided by providing attribution and giving credit, copyright infringement cannot. "

LifeHacker goes on to say that "copyright law gives the copyright holder the right to decide where their work is published and maybe they don't want their work on your site, in your book, included in your newsletter or distributed to your social media network. It's not for us to question why they (the copyright owner) wouldn't want "exposure."

Since it is not clear cut for use, despite the outlined law, it is always best to err on the side of caution and not use another person's images without explicit permission. Here are some alternatives:

get a license from the private individual for use

purchase from stock photography companies that provide an accompanying license

seek out sites that have Creative Common Licenses

Take for example the featured image for this post. The image was not created by me and I have not received copyright ownership. Therefore, I had to get permission to use the image. How did I do this? I purchased a commercial license of use (because my site has commercial intentions over in the Shop with contract templates) from Haute Stock.
Here is a list of resources of images for use:

Creative Commons (free - and links to 13 diff creative commons sites)

iStockphotos (paid)

Shutterstock (paid)

Additionally, remember that if you take an image and use it, you cannot count on being able to claim "fair use" as a defense to a copyright infringement claim. As this area of the law is extremely fact dependent, you should always check with qualified legal counsel if you want to use an image or work created by another under the "fair use" doctrine.

Lastly, if you do use someone else's image be sure to keep in mind that acknowledgement DOES NOT substitute for obtaining permission, but also alteration of the image does not provide you, the user, photogcopyright ownership.

Want to read more?

You can find Summaries of Fair Use Cases by Stanford University or The Graphic Artist's Guild that outline some specific situations to help add some context to this discussion.

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A blogger's guide to understanding fair use

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You have a killer blog post to publish...but you need some images to go with it. You flip over to Google, search some keywords, find some great images, download, upload to your site, done. Wrong. This is completely wrong.

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School of Podcasting - Learn "How To Podcast" with Podcast Coach Dave Jackson

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OK, We're talking legal today so let me put out this disclaimer that I'm not a lawyer, and even the site I'm referring to (which is done by a lawyer) says to contact a lawyer.
http://wiki.creativecommons.org/Podcasting_Legal_Guide
A "fair use" is copying any protected material (texts, sounds, images, etc.) for a limited and "transformative" purpose, like criticizing, commenting, parodying, news reporting, teaching the copyrighted work. Under the US copyright laws, fair use "is not an infringement of copyright." Judges typically consider four factors that are set forth in the Copyright Act. These factors are non-exclusive, so judges are permitted to consider other facts in addition to these. However, in the vast majority of cases, courts limit their analysis to these factors (you can read more detail about these factors at http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html. The Brennan Center's excellent public policy report entitled "Will Fair Use Survive?: Free Expression in the Age of Copyright Control" provides an analysis of how fair use has played out in numerous scenarios over recent years: http://www.fepproject.org/policyreports/WillFairUseSurvive.pdf):

the purpose and character of your use (this is sometimes called the "transformative factor");

the nature of the copyrighted work (e.g., is the work highly creative fiction warranting broader protection, or is it highly factual warranting narrower protection?);

the amount and substantiality of the portion taken, (as compared both to the underlying work and the work in which the copying is used); and

the effect of the use upon the potential market (e.g., did the copyrighted work lose market share or potential market share?).

In addition, some commentators refer to a "fifth fair use factor" which hinges on good faith - whether your conduct might be considered "morally offensive," Judges and juries are human, and their decisions can be swayed by whether they think you are a "good or bad" actor (see http://bgbg.blogspot.com/2005/10/search-or-seizure.html).

Two Misconceptions About Fair Use.

(a) Acknowledgment Is Not Enough. Some authors have the erroneous belief that an acknowledgment will immunize a copyright infringement as "fair use." This is a myth. Including an acknowledgment may be considered in analyzing the four statutory factors, but it is by no means is a clear defense to a claim of infringement.

(b) Disclaimers Are Not Enough Either. Another point of confusion is whether an upfront disclaimer that denies any association between the podcast and the copyrighted material can protect the podcaster from liability. For example, assume your podcast is a parody of "The OC" television show. You include a disclaimer at the beginning of your podcast in which you state: "This podcast is not associated with or endorsed by Fox Television." This sort of disclaimer will not, by itself, protect you from a claim of copyright infringement, or act as a clear defense to such a claim. It will, however, be considered among the factors the court considers, and in a very close case, a court may look positively on a clear statement of disassociation. (Note, however, that including a clear disclaimer can help with potential trademark infringement situations. See section 1.4 - " Trademark Issues " - for further information about trademark law.)

Examples Of Fair Use That May Apply In Podcasting.

To help illustrate the way these factors may play out in the podcasting context, it may help to consider a few examples:

Example 1: A book group organized by a high school teacher podcasts its meeting discussing J.D. Salinger's Catcher In The Rye. The members discuss the book, read short portions of it aloud, and criticize and comment on the author's style, the storylines, and the like. The podcast is posted on the book group's blog site, which is hosted by the high school. The site includes no advertising and generates no revenue. Conclusion: This would likely be a fair use.

Example 2: A podcaster uses the copyrighted music of pianist George Winston for the intros and outros of her podcast that is about yoga and meditation. The podcast has nothing to do with commenting or critiquing the music played. Conclusion: This is likely not a fair use.

Example 3: A 10-minute podcast includes a group of music fans discussing a recent copyrighted article in Rolling Stone magazine about a new band. One fan reads 4 paragraphs of the 6-paragraph article and comments on its analysis of the band. Another fan plays a 1-minute segment of the band's copyrighted song, which is 2 minutes in length. The fan then discusses the music as it compares to other music in the genre. The fans post the podcast on a fan website where advertising is sold, and the fans receive revenue for their podcast. Conclusion: This commentary/criticism by the fans in response to the article and song suggests a "fair use", but the commercial/profit aspect of the site where the podcast is being distributed raises concern, as does the amount of the article and song taken in comparison to their overall length. Any negative effect on Rolling Stone magazine's market or the band's market for its music could cut against the fair use argument, though the podcasters might argue that the podcast promotes the Rolling Stone magazine article and band's song and that it is not a replacement for either (of course, this would likely be costly and difficult to prove in a trial setting). Given the flexible application of the fair use doctrine, and that the burden lies on the podcaster to prove fair use, podcasters in this situation could be found to infringe.

by David Oxenford

Broadcasters beware - podcasts with music may be dangerous to your economic health. In recent weeks, I've come upon more than one incident where a broadcaster was providing podcasts containing music on their website, or allowing listeners to download or stream on-demand some new, hot song. I've even seen certain articles in the trade press advocating that stations do podcasts of their morning shows, or otherwise provide some sort of programming containing music on their websites in a manner in which the listener can listen over and over again to the same program or song. Broadcasters need to know that they are asking for trouble when they provide services like podcasts, downloads and on-demand streams containing music without getting specific permission from copyright holders to do so, as these uses are not covered by the SoundExchange royalties paid for webcasting, nor (in most cases) by your ASCAP, BMI and SESAC royalties.

The royalties paid to SoundExchange are for the right to publicly perform sound recordings in a noninteractive manner. In other words, they only cover streams where the user cannot get a specific song when they want it, and where listeners do not know the order in which songs will be played. ASCAP, BMI and SESAC (the "PROs") also cover public performances, but of the underlying musical compositions (the words and music of the song, as opposed to its recording by a particular singer or band). By contrast, "podcasts," ( and here I mean an on-demand program that can be downloaded onto a digital device for later replay, and which can also usually be played immediately on someone's computer) are much like downloads - and involve a different right in music - the right to reproduce and distribute the music. The rights of reproduction and distribution are different from the public performance right, and the permission to make reproductions and distributions are granted by different groups than are the public performance right. SoundExchange and the PROs have nothing to do with granting this reproduction and distribution right (with the limited exception of ephemeral rights in streaming granted through the SoundExchange royalty - a concept too technical to be discussed here, and one that does not affect this warning. But, if you are interested in these rights, you can see our article that discussed ephemeral rights in a bit more detail, here). Podcasts, downloads and on-demand streams require a specific grant of rights from the copyright holders of the sound recordings and the musical compositions for each piece of music that is being used.

Rights to the sound recording of most popular recorded music will typically come from the record label. And, for these sorts of on-demand uses, the rights to most recorded music will not be cheap and easy to obtain. It will come easily only for specific songs that the labels want to promote - sometimes referred to as "podcast safe" music. This music is usually a song from a new artist, or an alternate take of a new song by an established artist, meant to be used to promote a new release. Getting rights to the full catalog of music typically played by a music intensive radio station will require a negotiation with each record label and the payment of significant money - the kind of negotiation that has delayed the introduction of services like Spotify in the US for so long.

Rights to reproduction and distribution of the musical composition typically come from the music publishing company (or sometimes music publishing companies where there is more than one writer of a song). These licenses-known as "mechanical licenses" - can be obtained through a statutory license, setting out payments to the copyright holders of any musical work that has been publicly released, but only if some strict procedures set out by law are followed. These rights can also be obtained directly from the publishers or songwriters or, in many instances, through the Harry Fox Agency, which licenses compositions on behalf of many copyright holders. There are also a number of private companies that will help in getting the necessary licenses to use the musical composition. Depending on the use that you have in mind, the record companies may themselves have already cleared the right to the musical composition, and that right will come with the right to the sound recording when you negotiate for that right. But needless to say, it is not an easy process that will allow routine podcasts or downloads of music programming.

Even the podcast of the performance of a local artist, with his permission, may require a mechanical license from the songwriter or music publisher if the artist has been singing "cover" songs. So be careful when recording local artists - you may think that you are getting their music royalty free, and you may be avoiding the sound recording royalty and a negotiation with a record label, but you may still have the musical composition to deal with if the local performer has not written their own songs.

There are lots of other caveats and exceptions that may apply in certain circumstances. But these don't allow the routine podcast of music programs or the other types of uses described above. So be careful - or you may have the music industry knocking at your door demanding an unexpected payment. For more information about these topics, check out our Advisory on the Basics of Music Licensing in Digital Media.

Podsafe Music Resources

Instead of trying to play Lady Gaga, there is other music that has already been cleared. You can find it at sites such as www.musicalley.com (now out of business) or www.magnatune.com

This 14-minute podcast was created and published in one hour and two minutes.

Quick Summary

If you don't have permission from the Songwriter

If you don't have permission from the Song performer

If you don't have permission from the record label.
please do not use the chat window to ask me about this topic. I love you all, but everything you need is in this article and I'm tired of saying "No, it's not legal."
You can't LEGALLY play it (but people still do).

To try to do it Legally, see this interview with Brian Ibbot of Coverville.

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Trying to Understand Fair Use and Using Music in Podcasts - School of Podcasting - Learn "How To Podcast" with Podcast Coach Dave Jackson

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OK, We're talking legal today so let me put out this disclaimer that I'm not a lawyer, and even the site I'm referring to (which is done by a lawyer) says to contact a lawyer. http://wiki.creativecommons.org/Podcasting_Legal_Guide A "fair use" is copying any protected material (texts, sounds, images, etc.)

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Copyleft

an alternative to copyright that allows one's work to be copied, shared, or remixed (e.g., Creative Commons)

Copyright

legal protections for authors of creative works (e.g., books, movies, lesson plans) that prevent them from being used by others without permission

Fair Use

the limited ability to use copyrighted works without permission as determined by four factors (Nature of Use, Type of Work, Amount Used, and Commercial Impact)

Open

in the context of openly licensed materials or open educational resources (OER), this means gratis and libre; gratis means that content and resources are provided at no cost, while libre means that people are free to do what they want with these resources

Open Licenses

an license that allows users to freely use a resource without seeking permission (e.g., public domain, Creative Commons)

Public Domain

in the US, a technical term referring to works that are not subject to copyright protection, such as very old works

Royalty Free

a variation of copyright that allows materials to be used in some  limited manner (e.g., print an image up to ten times) without paying a fee

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US copyright law states that 70 years after the author's death, their work passes into the public domain for free use. Find out the author's date of death and add 70 years to see if a work is in the public domain yet.

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Just because you see no copyright symbol does NOT mean it is open to use!

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I is tired
I is sleepy
I is overwhelmed
I is a teacher

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Searching for & Using Images that are Fair Use & Creative Commons.

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Searching for & Using Images that are Fair Use & Creative Commons.

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How do you do that?

When searching in Google (or other search engines), find Tools, select Usage Rights, and then click Creative Commons Licenses.

Unfortunately, this process will eliminate MANY images, especially the ones you liked the most, and leave you with a minimal selection.  The upside is that you are not using copyrighted images that can land you in the hot seat.

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Also, tell us where you're from, what grade(s) you teach, your current role in education...even your favorite book/genre!