Copyright can be confusing and downright scary once you start to think about it. We are going to talk about copyright and how teachers and students can use copyrighted materials for educational purposes by following fair use guidelines.

Copyright law protects all original work, even if it is unpublished from Copied and PADD (1976) by others. The Berne convention in 1988 eliminated the need for a copyright notice to guarantee that your works won’t be copied. Basically, all things are now copyrighted whether they say so or not.

Fair use states that copies may be made of work for the following reasons, criticism, comment, news reporting, teaching, scholarship or research and not break copyright laws Still, the movie states that fair use is “slippery”. So, we are going to take a closer look at the guidelines. Some of you might even be thinking that the creator of this movie may have infringed on some copyright, but we need to see if he falls under fair use.

The guidelines are not law, but are merely guidelines. Within each of these there is some gray area. Purpose- How is it going to be used? Educational, Personal and not for money falls under fair use Amount – How much and which part is going to be used? Only a small amount can be used and not the main idea Nature- What kind of work is it? Factual and copyrighted is more likely okay and under Fair Use. Effect-How will it effect sales/money for the creator? Can only use if doesn’t change the marketability

Up to 10% of a musical composition may be reproduced, performed, and displayed. A Max of 30 seconds Some music is in the public domain but that doesn’t mean that the recording you have of it is.

Images, Illustrations and Photographs From the Internet

Obviously all items, like movies, videos, music, etc… should be obtained legally. Questions about movies? Needs to be shown in classroom (not large group in gym) Copies of movies/dvds may can be made for archival purposes or replacement is too expensive or only in the wrong format.

1 picture (diagram, cartoon, chart) Not anthologies Numerical Data Sets-10% or 2,500 fields or cells

Always cite your sources and let others know where you found your information or materials. Just like you don’t want your brother or sister to take your stuff, we need to make sure we give credit to those who created something that we learned from. You wouldn’t want to work really hard on a project just to have someone else use it as their own. Younger students should at least write down which book they used or which website had the picture.

Think-Pair-Share, then discuss: Used for educational purposes Only uses 30 seconds of the song It’s published Won’t effect the ability of artist to sell the album/song, might actually encourage some to buy it.

Purpose is Educational Amount is <5 per photographer Nature is factual, since they are photographs of animals It doesn’t effect the sale negatively Don’t forget to cite the sources.

Think-Pair-Share, then discuss: Purpose is educational Amount is less than 250 words and not the heart of the work. Nature – it is fiction but stays within the amount guidelines. Only 1 copy/student. Effect – doesn’t harm sales Important for students to realize their teachers fall under the same guidelines. Review: What will you take back with you that you learned today? What are the most important things to remember about copyright? (slide 1) What about Fair Use? (slide 3,4,5)

Go through each of the above quickly as a review have students turn and talk to a neighbor. PANE Music Pictures Video Printed Materials

Copyright and Fair Use for Students By LeAnn Miller Parts of this presentation are under the fair use exemption of the U.S. Copyright Law and may be restricted from further use.

Copyright Law Copyright protects the creator’s work (drama, music, art, literature, and intellectual works) from being: Copied Performed Adapted Distributed Displayed Permission is needed to use a work for any of the above reasons. ©

Can you ever use a copyrighted work without permission? Fair Use allows a copyrighted work to be used by others for certain purposes if the guidelines are met.

A Fair(y) Use Tale: Chapter 4 By Eric Faden Click Movie to Play Used under Creative Commons Licensing

Is it Fair Use? Check the Guidelines (PANE)...

10% reproduced, performed and displayed Max of 30 sec Music, Lyrics, Music Video

5 by single artist Not more than 10% (15) from a collection Images, Illustrations, Photographs

10% or 3 min whichever is less Legal copy Video Use in Projects

<250 words of a poem <2500 words of story, article, essay 2 pages from picture book Printed Materials

Give Credit

A student brings in a CD of his favorite artist. He adds 30 seconds of a song to the beginning of his movie for a Social Studies project. Is this Fair Use? (“Albums”)

You gather images from the web for use in a presentation about whale sharks. The 6 images are from the same photographer. Is this Fair Use? (Skerry)

A teacher wants to copy an excerpt (100 words) from the poem, “Honey I Love”, by Eloise Greenfield and provide it for his students as a writing prompt. Is this Fair Use? (Dillon)

Review 10% reproduced, performed and displayed Max of 30 sec 5 by single artist Not more than 10% (15) from a collection 10% or 3 min whichever is less Legal copy <250 words of a poem <2500 words of story, article, essay 2 pages from picture book

Works Cited "Albums." Black Eyed Peas. N.p., 2005.Web. <http://images.blackeyedpeas.com/images/AlbumItem/image/778873.jpg>. Butler, Rebecca. "Chapter 2 Fair Use: When Do You Need to Ask Permission?" Copyright for Teachers and Librarians. New York: Neal Schumann, 2004. Print. "Copyright Timeline: A History of Copyright in the United States." Copyright & Intellectual Properties Resources. Association of Research Libraries, 12 July 2007. Web. <http://www.arl.org/pp/ppcopyright/ copyresources/copytimeline.shtml#20C>. Davidson, Hall. "Copyright and Fair Use Guidelines for Teachers." Hall Davidson-Workshop Resources-Copyright Resources. N.p., 10,2002. Web. <http://www.halldavidson.net/copyright_chart.pdf>. Dillon, Diane and Leo. Book Cover. 1978. Honey, I Love and Other Love Poems. By Eloise Greenfield. 1978. New York: HarperCollins, 1986. N. pag. HarperCollin's Children's. N.p., n.d. Web. <http://www.harpercollinschildrens.com/Kids/BookDetail.aspx?isbn13=9780064430975>.

Works Cited Continued… Faden, Eric. A Fair(y) Use Tale. The Center for Internet and Society. Stanford Law School, n.d. Web. <http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale>. Skerry, Brian J. "Whale Shark with Small Fish." Animals: Wallpaper. National Geographic, n.d. Web. <http://animals.nationalgeographic.com/animals/wallpaper/ whale-shark-with-fish_image.html>. Torrans, Lee Ann. Law for K-12 Libraries and Librarians. Westport, CT: Libraries Unlimited, 2003. Print.