|| Internet Myths || Fair
Use || Portion Limitations || Citing
Sources || Getting Permission || Useful
Copyright issues in
the classroom and beyond
What is copyright
The instance of using or reproducing
someone's creative work without their permission. Copyright laws
protect "original works of authorship fixed in any tangible medium of
Who's responsibility is it to decide what's copyrightable?
In the USA anything original created since March 1, 1989 is
assumed to be copyrighted, whether it has a notice or not. Teachers
need to make students aware of the responsibilities of using the
Internet, such as protecting privacy and intellectual
Source: J. Dianne Brinson and Mark F.
Radcliffe.An Intellectual Property Law Primer for Multimedia
and Web Developers [Online] Available
Copying Material from the Net --
Don't make the mistake of believing these myths about
copying material from the Net:
Internet Myth #1: If I find something on the Net, it s
okay to copy it and use it without getting permission.
While you are free to copy public domain material that
you find on the Net, generally you should not copy
copyrighted material without getting permission from the
copyright owner whether you find the material on the Net or
in a more traditional medium (book, music CD, software disk,
Internet Myth #2: Anyone who puts material on a Web
server wants people to use that material, so I can do
anything I want with material that I get from a Web
Individuals and organizations put material on a Web
server to make it accessible by others. They do not give up
their copyright rights by putting material on a Web server.
Also, the person who posted the material may not own it.
Internet Myth #3: It's okay to copy material from a Home
Page or website without getting permission.
Much of the material that appears in websites and Home
Pages is protected by copyright. If you want to use
something from someone else's Home Page or website, get
permission unless permission to copy is granted in the text
of the Home Page or website. Posting Material: And don't
believe these myths about how copyright law applies to
putting copyrighted material owned by others on the Net.
Internet Myth #4: It s okay to use copyrighted material in
my Web site so long as no one has to pay to visit my Web
Unless your use of the copyrighted work is fair use (see
Fair Use, later in this article), you need a license to copy
and use the work in your website even if you won t be
charging people to view your website. (You also need a
Internet Myth #5: It s okay to
make other people's copyrighted material available on my Web
server so long as I don t charge people anything to get the
Copying and distributing copyrighted material without
permission can be copyright infringement even if you don t
charge for the copied material. Making material available
for others to copy can be contributory
about the "Fair Use" law?
Section 107 of the
Copyright Law allows "fair use" of copyrighted
the fair use of copyright work, including such
use by reproduction in copies
for purposes such as
criticism, comment, news reporting, teaching
research is not an infringement of copyright."
Determinations are made on a
case-by- case basis by considering four factors:
* Factor #1: Purpose and character of use.
The courts are most likely to find fair use where the
use is for noncommercial purposes, such as a book review.
* Factor #2: Nature of the copyrighted work.
The courts are most likely to find fair use where the copied
work is a factual work rather than a creative one.
* Factor #3: Amount and
substantiality of the portion used.
The courts are most likely to find fair use where what
is used is a tiny amount of the protected work. If what is
used is small in amount but substantial in terms of
importance, a finding of fair use is unlikely.
* Factor #4: Effect on the potential market for or value
of the protected work.
The courts are most likely to find fair use where the new
work is not a substitute for the copyrighted work.
Educators have an
If your multimedia work serves
traditional "fair use" purposes -- criticism, comment, news
reporting, teaching, scholarship, and research -- you have a
better chance of falling within the bounds of fair use than
you do if your work is a sold to the public for
entertainment purposes and for commercial gain.
Current laws were established before the Internet existed
and assume teachers are using only a small portion of the
materials in class, making only enough copies for their
the portion limitations:
These guidelines apply to the total
amount of material, in aggregate, from a single copyrighted
work (in each alternative, it is the lesser of the
- Motion media: 10% or 3
- Text: 10% or 1000
- Music, Lyrics, Music Video:
10% or 30 seconds
- Numerical Data Sets: 10% or
2500 fields or cell entries
- Illustrations and Photographs:
10% or 15 images in a collection; no more than 5 by a
single artist or photographer.
Lawmakers still haven't determined how
"fair use" would pertain to educational Web sites which
allow a wider distribution.
A hot topic in the legislature right
now pertains to H.R. 2281, the Digital Millennium
Copyright Act enacted on October 28, 1998
an Internet access provider could be found liable of
'contributory infringement' for a user's copyright violation
if the provider knew or should have known about it but did
nothing to prevent it
"Section 403 requires that the Copyright Office consult with
representatives of copyright owners, nonprofit educational
institutions, and nonprofit libraries and archives, and
thereafter submit to Congress recommendations on how to
promote distance education through digital technologies,
including interactive digital networks, while maintaining an
appropriate balance between the rights of copyright owners
and the interests of users."
Source: Copyright Office Study
on Distance Education &endash; [Online] Available
see, I use, I cite
Citing Web Sites and Online Databases (From SHS Library)
Citation Worksheet for students (From SHS Library)
Using Modern Language Association (MLA) Format,
brought to you by the Purdue University Online Writing Lab
the Copyright Police -- get permission
Templates from Midlink Magazine:
Landmarks for Schools, courtesy of David Warlick
Interactive "fill in the blank" permission generator.
to copyright info...
and Fair Use Chart
from Technology &
ALA (American Library Association)
Monitor the copyright discussions and summaries from the American
Library Association in Washington at:
Gary Becker's Copyright Law Resources for Educators and Librarians!
"a reference to meet the information needs of educators, librarians, trainers, media production staff and students."
Educators Guide to Copyright and Fair Use
United States Copyright Office (from the Library of Congress)
Includes a 18-page summary of the Digital Millennium Copyright Act of October, 1998
Consortium for Educational Technology for University Systems (CETUS)
Fair Use Information
Copyright Crash Course
Could you pass the quiz?
CONFU: The Conference on Fair Use
-- from the US Patent and Trademark office
Duke University's Center for Study of Public Domain: "Bound by Law" comic book
Copyright and the "web"
The Creative Commons alternative:
Creative Commons provides tools for you to license your creative work! Visit the website at http://creativecommons.org/ to locate works that have been licensed for sharing. Watch this short video to learn more about Creative Commons: http://one.revver.com/watch/89072
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