The In's and Out's of Copyright and Fair Use by Isaac Hyslip

What is copyright?

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What exactly does copyright protect?

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Protected:

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literary works
musical works, including accompanying words
dramatic works, including accompanying music
pantomimes and choreographic works
pictorial, graphic, sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works

Not Protected

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ideas
procedures
processes
systems
methods of operation
concepts
principles
names
titles
short phrases
Recipes

Defining Fair Use

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Fair use permits a party to use a copyrighted work without the copyright owner’s permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research

(from copyrightalliance.org)

Four Factors to Consider for Fair Use

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Purpose and Character of Use

The Nature of the Copyrighted

The Amount and Substantiality of Portion Used

Effect of Use on Potential Market

All of the factors must be balanced as a whole to make fair use determination on a case by case basis.

Classroom Exemption

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The Classroom Use Exemption (Section 110(1) of the Copyright Act allows for the performance or display of work by instructors or students in the course of teaching activities at a nonprofit educational institution, in a classroom or similar place devoted to instruction.

TEACH Act

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The Technology, Education, and Copyright Harmonization Act (TEACH Act) states that teachers and students at accredited educational institutions can use works for distance learning without permission under certain circumstances.

The TEACH Act Applies if you...

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are an educator at an accredited educational institution,
will supervise your students' use of copyrighted materials,
are using the material as an integral part of a class session,
are using the material as an integral part of your curriculum, and
are using the material that is directly related to and of material assistance to your teaching content

What are the Creative Commons?

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Creative Commons is a nonprofit organization, that promotes the sharing and reuse of creative work worldwide. They created six licenses that authors can attach to their work explaining how to use and share it. This allows for a simple and standardized way to grant copyright permission to creative work.

Four Conditions

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Attribution (CC BY)
ShareAlike (SA)
NonCommercial (NC)
NoDerivatives (ND)

Six Licenses

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CC BY
CC BY-SA
CC BY-NC
CC BY-SA-NC
CC BY-ND
CC BY-NC-ND

Attribution (CC BY)

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All Creative Common (CC) licenses require that you must be given credit in the way that you request. If someone wants to use your work without credit, then they must get your permission first.

Share Alike (CC SA)

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This means you allow others to copy, distribute, display, perform, and modify your work, as long as they distribute any modified work on the same terms. If they want to change the terms, they must seek your permission first.

Non-Commercial (NC)

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This means you allow others to copy, distribute, display, perform, and modify and use your work for any purpose other than commercially. Again, if otherwise, they must get your permission first.

No Derrrivatives (ND)

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This means you allow others to copy, distribute, display and perform only original copies of your work. They cannot modify your work in any way. If they do so, they must get your permission first.

Creative Commons Zero

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AKA CC0 is a public dedication tool that allows creators to give up their copyright and put their works into the worldwide public domain. CC0 allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, with no conditions.

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When you use a work (image, photo, text, etc.) with a Creative Commons license, you have to attribute it in a particular way. When you include the attribution, you hare sharing details about the work and giving credit to the author.

The TASL Strategy

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Use this method for attributing credit to the author of the creative work!

Title of the work if defined
Author or creator of the image or material
Source of the image or 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

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Remember These Rules!

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5 Copyright Rules:

Just because you found a work online, doesn’t mean it’s free to use.
Search for work that you can use freely such as those with a Creative Commons license or in the public domain.
As a creator, you can protect your work and defining how you want it used and shared with a Creative Commons license.
When in doubt, ask for permission from the creator, find alternative work or even create your own.
Be a responsible and ethical digital citizen by following the copyright and fair use guidelines.

Understand what you can and can't use

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The internet gives us nearly unlimited access to view creative works at the touch of a button, but it's important to know what you're allowed to pull from the internet when making presentations and curriculum as a teacher.

When you do use media or works you find online, it's important to attribute credit to the author so to avoid legal troubles for plagiarism and theft.

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Awareness of how and where information is sourced is important not only for the teacher, but for students who are learning how to navigate the digital landscape and use all different types of online resources.

It's part of a teacher's responsibility in the 21st century to ensure that their students know how to find quality sources for research and presentations that are free to use, and if attribution is required, give credit appropriately.

Sources Cited

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All information presented herein was gathered from

Unit 6 of EDU115 in Canvas, resources compiled by instructor (Gregory Brooks)

unless otherwise noted