BriefNOTES-CRAEA staff and students

CopyrightBriefNOTESfor Staff & Students

CHAPTER 1 Is the work in the public domain or is copying allowed under a license agreement?DigitalCitizenship Yes NoIt’s easy to copy a DVD or music file, scan an image, transfer Go ahead and Is there a Creativedigital files, photocopy, stream video, etc. How do you know if copy. Include Commons license thatthe copying is legal? How much is too much? What are yourrights and responsibilities as a user of information? a citation. allows the copying?Copyright is the exclusive and assignable legal right, given tothe originator for a fixed number of years, to print, publish, Yes Noperform, film, or record literary, artistic, or musical material. Go ahead Is the copying allowed and copy. under the copyright Include a law or fair use? citation. Yes No Go ahead and Consider asking copy. Include for permission or a citation. don’t copy.

CHAPTER 2It Starts withFair UseFair use is part of the copyright law. It should be a well-thought reason for copying, not an excuse. Fair use of acopyrighted work can be used for criticism, comment, newsreporting, teaching, scholarship, and research. Even withthese permissions, not every use in education is a fair use. Ifthe copying is not specifically prohibited in the copyright law,it MAY be allowed under fair use.



CHAPTER 3Questions &AnswersQ. What is copyright?A. The U.S. Copyright Law promotes creativity and protectsthe rights of creators and users of information. Copyrightprotection is automatic as soon as the composer, playwright,author, photographer, artist, sculptor, illustrator,programmer, etc. creates a work in a tangible form. The copyright owner has these five rights: 1. Reproduce the work 2. Prepare derivative works 3. Perform the work 4. Display the work 5. Distribute the work

Q. Why is copyright important? Q. What’s public domain? Q. If I buy a CD, book, DVD, videoA. It’s the law. Copyright protects the A. Some works can be copied because game, sheet music, or download arights of the author, composer, play- the copyright has expired or the works movie or song, doesn’t that mean Iwright, photographer, artist, sculptor, were placed in the public domain. Copy- own the copyright?illustrator, web designer, videographer, right protection spans the life of the A. No. What you have is a lawfullycomputer programmer, etc. It allows author plus 70 years; copyright can be made copy. The copyright owner stillthe copyright owner to decide how, transferred and last much longer. Fac- has the five exclusive rights: reproducewhen, and where his or her work can tual information is in the public do- the work, create a derivative work, per-be reproduced and used. main, so a student can use facts that form and display the work publicly, are published in a copyrighted work. and distribute the work.Q. Is copyright and plagiarism the The unique expression of the facts issame thing? copyrighted, not the facts themselves. Q. What happens if I violate copy-A. They’re related. Plagiarism is taking right?someone else’s work (even a small por- Q. What is Creative Commons? A. It depends on the intent, what wastion) and passing it off as your own. It’s A. This license makes it easier for peo- copied, how much was copied, and howpossible to plagiarize from a work that ple to share their work and allows oth- the copies were used/distributed. Viola-is in the public domain. ers to build upon their work. The crea- tions can affect grades and academic tor decides what is allowed: freely status. Legal penalties range from aQ. As a student, isn’t everything I used, limited copying, shared, or re- cease-and-desist order to monetarycopy fair use? mixed. http://creativecommons.org fines to lawsuits. Copyright infringe-A. Not really. Students need to follow ment can be serious and expensive.the copyright law and be responsible Q. So how do I know what’s copy-users of information. How would you righted?react if you wrote a song or created a A. Assume that a work is copyrightedvideo that someone used without giv- even if the word “copyright” or theing you credit—or distributed it with- isn’t there. Copyright is established asout paying you? soon as the work is in a “tangible form.” Copyright lasts for the life of the author plus 70 years (or longer). 5

Creative Commons Licenses Attribution Non-Commercial Share AlikeYou’ll see the symbols listed below instead of the symbol. Lets others remix, tweak, and buildThese licenses make it clear how a work may or may not be upon a work. Must give credit to theused. It encourages people to remix, use and share the work. original and license the new work un-More info is at http://www.creativecommons.org. There is a der identical terms.built-in search engine so you can find text, music, images,video, and media, http://search.creativecommons.org. Attribution Non-Commercial No DerivativesAttribution Lets others download and share if they credit the original. The work can’t be Lets others distribute, remix, tweak, and changed. build upon a work, even commercially. Must give credit to original. 6Attribution Share Alike Lets others remix, tweak, and build upon a work, even commercially. Must give credit to original and license the new work under the identical terms.Attribution No Derivatives Lets others redistribute the original as long as it is unchanged and credits the original.Attribution Non-Commercial Lets others remix, tweak, and build upon a work. Must give credit to origi- nal. Derivative works can be licensed dif- ferently.

CHAPTER 4PlanningAheadBibliography and Works CitedAlong with the rights to use copyrighted material comes theresponsibility of giving credit to the author. Credit the source,even if it is a fair use. Credit and copyright information can bein a separate section of a multimedia project. Check with theteacher or teacher librarian for the works cited format used inyour school. Most of the online databases generate citationsthat can be copied/pasted.

How to Request Permission to Computer Software • You can’t sell, distribute, or transferCopy the adapted version. This is a summary of the ComputerYou can request permission by email. Software Copyright Act of 1980. Read • You can’t make one copy for homeDon’t ask for blanket permission to the software license for restrictions and and one for school use.copy. Address the request to the permissions.permissions department of the • You can’t make a copy for a friend.publisher/producer and include this • You can make one back-up copy of ainformation: program you own and use it if the Internet and Creating Web original fails. Content• Title, author and/or editor, and edition of material • You can adapt a program by adding Look to the four fair use criteria and content or adapting to another copyright law when determining what• Exact material to be copied (amount, language. and how much can be copied. Just page numbers, URL, track, file, etc.) because information is on the Internet does not mean you have the right to• Number of copies to be made use it any way you want. Some copyrighted works may have been• Use of the copy (or distribution) posted to the Internet without authorization of the copyright owner.• Whether the copy will be sold Things to consider:• Type of copying (download, digital • Assume that text, graphics, video, transfer, scan, photocopy, etc.) sound and music are copyrighted.There are templates for requestingpermission to use a web site (beyond • Don’t copy the source code, HTML,fair use). This site was included with and frames codes to create your ownpermission: http://www.landmark- website. They are creative works andproject.com/permission_student.php may be copyrighted. 8

• Don’t copy logos or trademarks and Remixing / Mashups / Reusing If you post to YouTube, read the make them a hyperlink. Use the guidelines at words, not the logo. You can use copyrighted materials to create something that’s new— http://www.youtube.com/t/copyright_education.• Read the copyright statement on the something that’s transformed into an web site. Some give permission to entirely different work. *There is a difference between free to copy—like .gov sites. view and free to use. Some images may “Transformativeness” is allowed when be scraped off the Internet and should• Consider asking for permission to a work has been changed (using fair not be copied/reused. add a URL to a website if traffic will use) and value has been added to the be high (bandwidth issue). original. For example, a parody Music and Video transforms the original. Here are some• Avoid deep linking to a website. It resources of editable media to use in Peer-to-peer (P2P) has many bypasses the homepage that may school: legitimate uses. In general, using a P2P include important information. to copy commercial music and video • Soundzabound audio files files, without the copyright holder’s• Check that the information on the permission, for personal enjoyment is website was posted legally and that • Learn 360 is searchable by editable likely a violation of copyright. the web author has a right to give videos others permission to copy. • Creative Commons is searchable by• File sharing or downloading files media that can be shared and made from unlawful copies probably remixed violates copyright law. • Google Advanced Image Search can• Follow the licensed online databases be limited to media for reuse* guidelines in the next section. If your remix will be shared with the• Check if the district has a policy on public or uploaded to the Internet, read school-sponsored publications. It the restrictions for using content from may include guidelines for posting the licensed online databases. information on the Internet. 9

CHAPTER 5OnlineDatabasesPlease check specific vendor websitesfor Terms of Use information.These online resources were purchased for schools in theCentral Rivers AEA service area. Fair use still applies. Inaddition, the licenses have specific copying and usageguidelines. Ask the school teacher librarian for assistance.Do not share the user ID or password with unauthorizedusers. Access at https://www.iowaaeaonline.org/

AEA Digital Library • Can’t decompile or reverse EBSCO Literacy Reference engineer the videos; modify or Center Plus • Can download and use the create a derivative work; remove, resources. obscure, or modify copyright • Can download, print, and e-mail notices; sell, distribute, or limited copies for personal, non- • Can use images in multimedia commercially exploit the videos. commercial use. projects. • Authorized Users are the school’s • Can’t republish the information. • Can keep content in student and currently enrolled students, • Can’t download in a systematic teacher portfolios. employees, faculty, and staff. manner to create a collection of • Can’t post any content to the BookFLIX, Freedom FLIX, materials (print or nonprint). Internet. Science FLIX and TrueFLIX Encyclopedia BritannicaAmerican History in Video • Can’t copy or redistribute content. • Can copy reasonable portions for • Can clip videos to any length. lesson plans, interactive CultureGrams whiteboards, reports, • Can use videos and images of presentations, and school videos in Word, Google Doc, • Can download or print a newspapers. Must keep copyright PowerPoint, Blackboard, etc. reasonable portion of the articles or trademark notices. or other works under fair use. • Can put video clip or full video in • Can’t publish, distribute, a personal playlist, annotate it, • Can’t systematically download retransmit, or sell access. and pull in additional content materials (print or electronic) to from the web. Playlists can be create a collection of materials. 11 made public, shared with just your school, or kept private. • Can’t post/re-use videos on the Internet without giving full credit to the original publisher and Alexander Street Press.

Gale • Can’t give to a third party, share • Can store materials on school content across a network or on a computers. • Can download, display, view and CD, add to a “print-on-demand” print or make limited paper or website, or use commercially. • Can’t post any content to the electronic copies. Internet. Learn 360 • Can electronically link to MackinVIA content. • Can edit videos marked with the EDIT icon. This includes • All licensed activity on the • Can use figures, table, and brief converting them to different website should be for educational excerpts in educational works. formats or clipping. purposes only.iCLIPART for Schools • Can download and use the • Can post content to their educational resources inside the MackinVIA library or personal • Can download unlimited images, school building, including print, backpack. photos, and web art images for video, images and audio files. educational use. • Can print copies of content, if allowed by publisher.   • Can use in projects such as websites, presentations, • Can’t re-publish, distribute, newsletters, brochures, transfer or sell the rights to the advertisements, announcements, content. labels, e-greetings, web templates, vinyl cutting, routing, Mystery Science engraving, t-shirts, school projects, screen-printing, and • Can use the website for mechanical embroidery. Contact instructional purposes only. iCLIPART if for a commercial use. SIRS Researcher • Can make printouts (online, offline, fax, e-mail) for school or personal use. 12

Soundzabound Teen Health & Wellness • Can use music files for video • Can download, print, e-mail production, video yearbooks; limited copies for personal, non- podcasting; broadcasting commercial use. (including cable, closed circuit, distance learning, YouTube, • Can use information in TeacherTube); PowerPoint; Web multimedia presentations. design; digital storytelling; sporting events; media and • Can link to the homepage or technology fairs, competitions, article pages. and exhibits; plays and theater; public performance and ambient • Can’t republish the information. listening; and other classroom multimedia uses. • Can’t download in a systematic manner to create a collection ofTeachingBooks.net materials (print or nonprint). • Can’t download, save, or play • Use the proper citation form and Original Author Program videos keep/display the author image or or Book Reading audio files off photo information. any machine other than TeachingBooks.net server. This is a summary of the U.S. copyright law (Title 17) and copyright guidelines. This booklet does not constitute legal opinion. It is intended to be a general discussion and not a definitive analysis of copyright. Licensed under a Creative Commons Attribution Non-Commercial Share Alike license. Original formatting and content by Heartland AEA. Revised Summer 2018 13

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