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Giving Credit Where Credit is DueCOPYRIGHT, FAIR USE, AND CREATIVE COMMONS : MUST -KNOWS FOR THE MEDIA  LITERACY  EDUCATOR	  July 2011
balanceFair UsemusicRespectCopyrightimagesControlfactorsCreditCultureAppreciationCreatingexchangeRESPONSIBILITYlicenseEducatorslaweconomicsquestionsDANCECreative Commons
http://www.flickr.com/photos/wader/31796348/
http://www.flickr.com/photos/54921133@N08/5904899665
http://www.flickr.com/photos/kevinkrejci/5907196790/
As we depend more and more on the Internet for information, we need to remember…even if you find it on the Web, it still belongs to the person who created it.And, the ownership of these creations is protected under the U.S. Copyright Law.
Literary worksMusical worksDramatic worksPantomimed and choreographed worksPictorial, graphic, and sculptured worksMotion pictures and audiovisual worksSound recordingsThese types of work are protected under the law.
How does a piece of work qualify for copyright protection?It must beORIGINAL
CREATIVE TO A MINIMAL DEGREE
IN A FIXED OR TANGIBLE FORM OF EXPRESSIONhttp://www.flickr.com/photos/mikeblogs/3020966666
Watch out…Just because it doesn’t say “copyright” doesn’tmean it isn’t.Works created before 1989 require the copyright notice.
Since 1989 works do not have to have the copyright notice, but they are still protected under the law.
It begins with its creation and ends 70 years after the death of the creator.So, you find a great photograph on the internet you would like to use in your lesson….Do you have to askthe creator permissionto use it?http://www.flickr.com/photos/csessums/828692131/in/photostream
FAIR USE is the right of the public to make reasonable use of copyrighted material in special circumstances without the permission of the owner of the work.The Copyright Act of 1976 Section 107Allows the use of copyrighted materials without written permission or payment when the benefit to society outweighs the cost to the copyright owner.
Explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research.Four factors to considerwhen establishing if a use is fair:The purpose and character of the useThe nature of the copyrighted workThe amount you want to use in relation to the copyrighted work as a wholeThe economic effect (Balance the rights of the owners and users.)
Five questions to ask yourself when establishing if the use is fair:Are you creating something new or just copying?Are you competing with the source you are copying from?Does citing the work mean you do not have to ask permission or you can use as much as you want?How much are you copying? How important to the original is the material you want to copy?  The more you copy, the less likely it is really fair use.
General Guidelines Types of Media and Permissible AmountsMotion media: Up to 10 percent of the total or three minutes, whichever is less. Text material: Up to 10 percent of the total or 1,000 words, whichever is less. An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work Music, lyrics, and music video: up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: no more than five images from one artist or photographer. no more than 10% or 15 images, whichever is less, from a collection. Numerical data sets: up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: no more than two copies may be made of a project.http://www.edu-cyberpg.com/Teachers/copyrightlaw.html
Fair usehttp://www.centerforsocialmedia.org/fair-use/videos/podcasts/fair-use-media-literacy-educationPlease watch video for more information.
Public DomainThere are some materials not covered bycopyright laws:Works whose copyright has expiredWorks released to the public domain by the creatorGovernment documents
CREATIVE COMMONSAn alternative to copyrightAllows the creators of pieces of work to grant some or all rights to use their works to the publicAvoids problems with copyright laws when sharing creative worksCreators choose how to share their worksAllow you to exchange, share, access, and modify works
CREATIVE COMMONSPlease watch video for more information.http://creativecommons.org/videos/wanna-work-together
Creators’ ChoicesHow do they want to share their works?AttributionYou let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request..Share AlikeYou allow others to distribute derivative works only under a license identical to the license that governs your work.Non Commercial You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for non commercial purposes only.No Derivative WorksYou let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.http://creativecommons.org
CC offers Six Types of Licenses AttributionAttribution Share AlikeAttribution No DerivativesAttribution Non-CommercialAttribution Non-Commercial Share AlikeAttribution Non-Commercial No Derivativeshttp://creativecommons.org

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Giving credit where credit is due slides final

  • 1. Giving Credit Where Credit is DueCOPYRIGHT, FAIR USE, AND CREATIVE COMMONS : MUST -KNOWS FOR THE MEDIA LITERACY EDUCATOR July 2011
  • 6. As we depend more and more on the Internet for information, we need to remember…even if you find it on the Web, it still belongs to the person who created it.And, the ownership of these creations is protected under the U.S. Copyright Law.
  • 7. Literary worksMusical worksDramatic worksPantomimed and choreographed worksPictorial, graphic, and sculptured worksMotion pictures and audiovisual worksSound recordingsThese types of work are protected under the law.
  • 8. How does a piece of work qualify for copyright protection?It must beORIGINAL
  • 9. CREATIVE TO A MINIMAL DEGREE
  • 10. IN A FIXED OR TANGIBLE FORM OF EXPRESSIONhttp://www.flickr.com/photos/mikeblogs/3020966666
  • 11. Watch out…Just because it doesn’t say “copyright” doesn’tmean it isn’t.Works created before 1989 require the copyright notice.
  • 12. Since 1989 works do not have to have the copyright notice, but they are still protected under the law.
  • 13. It begins with its creation and ends 70 years after the death of the creator.So, you find a great photograph on the internet you would like to use in your lesson….Do you have to askthe creator permissionto use it?http://www.flickr.com/photos/csessums/828692131/in/photostream
  • 14. FAIR USE is the right of the public to make reasonable use of copyrighted material in special circumstances without the permission of the owner of the work.The Copyright Act of 1976 Section 107Allows the use of copyrighted materials without written permission or payment when the benefit to society outweighs the cost to the copyright owner.
  • 15. Explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research.Four factors to considerwhen establishing if a use is fair:The purpose and character of the useThe nature of the copyrighted workThe amount you want to use in relation to the copyrighted work as a wholeThe economic effect (Balance the rights of the owners and users.)
  • 16. Five questions to ask yourself when establishing if the use is fair:Are you creating something new or just copying?Are you competing with the source you are copying from?Does citing the work mean you do not have to ask permission or you can use as much as you want?How much are you copying? How important to the original is the material you want to copy? The more you copy, the less likely it is really fair use.
  • 17. General Guidelines Types of Media and Permissible AmountsMotion media: Up to 10 percent of the total or three minutes, whichever is less. Text material: Up to 10 percent of the total or 1,000 words, whichever is less. An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work Music, lyrics, and music video: up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: no more than five images from one artist or photographer. no more than 10% or 15 images, whichever is less, from a collection. Numerical data sets: up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: no more than two copies may be made of a project.http://www.edu-cyberpg.com/Teachers/copyrightlaw.html
  • 19. Public DomainThere are some materials not covered bycopyright laws:Works whose copyright has expiredWorks released to the public domain by the creatorGovernment documents
  • 20. CREATIVE COMMONSAn alternative to copyrightAllows the creators of pieces of work to grant some or all rights to use their works to the publicAvoids problems with copyright laws when sharing creative worksCreators choose how to share their worksAllow you to exchange, share, access, and modify works
  • 21. CREATIVE COMMONSPlease watch video for more information.http://creativecommons.org/videos/wanna-work-together
  • 22. Creators’ ChoicesHow do they want to share their works?AttributionYou let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request..Share AlikeYou allow others to distribute derivative works only under a license identical to the license that governs your work.Non Commercial You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for non commercial purposes only.No Derivative WorksYou let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.http://creativecommons.org
  • 23. CC offers Six Types of Licenses AttributionAttribution Share AlikeAttribution No DerivativesAttribution Non-CommercialAttribution Non-Commercial Share AlikeAttribution Non-Commercial No Derivativeshttp://creativecommons.org
  • 24. Places you can find works using CC….http://www.Flickr.com/creativecommons/http://commonswikimedia.org/wiki/Main_Pagewww.jamendo.comwww.ccmixer.org
  • 25. What Comes Next?Practice what you preach; preach what you practice.Become good stewards of creative works, both yours and others.Give credit where credit is due – to the original creator of the work.