copyright 101 - davisu05a2

Copyright 101Copyright 101

By Kerri DavisBy Kerri Davis

What is What is copyright?copyright?

Copyright law gives copyright owners the exclusive

right to:1) reproduce the work2) adapt the work based on the original3) distribute copies to the public4) publicly perform or display the workThese rights may be licensed, transferred

and/or assigned by the copyright holder.Library of Congress. (2010). Taking the mystery out of copyright. Retrieved April 18,

2010, from http://www.loc.gov/teachers/copyrightmystery/#/reading/

What does copyright do?What does copyright do?

Contrary to popular belief, copyright does not protect your ideas, it only protects the expression of your ideas.

Library of Congress. (2010). Taking the mystery out of copyright. Retrieved April 18, 2010, from http://www.loc.gov/teachers/copyrightmystery/#/reading/

What does copyright cover?What does copyright cover?books, maps, charts, engravings, prints, musical compositions, dramatic works, photographs, paintings, drawings, sculptures, motion pictures, computer programs, sound recordings, dance, websites, and architectural works


Did You Know?Did You Know?

The government cannot copyright any printed material.Any work is copyrighted immediately after it is

produced…no paperwork necessary.A copyright’s protection lasts for the life of the author

plus an additional seventy years.About 1/4 of the U.S. economy is based on the licensed

sale of products protected by intellectual property (IP) law.

Copyrighted movies, TV shows, music, books, and video games, are now the largest export of the U.S. economy.

Wilkes University Moodle. (2009). Intellectual property or imaginary property. Retrieved April 6, 2010, from http://moodle1.wilkes.edu/mod/resource/view.php?id=54813

University System of Georgia. (2009). Copyright generally. Retrieved April 7, 2010, from http:// www.usg.edu/copyright/copyright_generally/

Where did copyright come Where did copyright come from?from?

1709 – first copyright law – Statute of Anne establishes the author’s ownership and prevents the booksellers from having a monopoly

1790 – Washington signs copyright bill into U.S. law – protects books, maps and charts for 14 years with a chance to renew for an additional 14 years (John Barry’s “The Philadelphia Spelling Book” becomes first registered work)

Library of Congress. (2010). Taking the mystery out of copyright. Retrieved April 18,2010, from http://www.loc.gov/teachers/copyrightmystery/#/files/

Copyright law and the Copyright law and the U.S. ConstitutionU.S. Constitution

The power to enact copyright law is granted in Article I, Section 8, Clause 8 of the U.S. Constitution. It states,

“The Congress shall have Power[. . .] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Copyright Clause. (2010, March 23). Wikipedia, The Free Encyclopedia. Retrieved April 18, 2010, from http://en.wikipedia.org/w/index.php? title=Copyright_Clause&oldid=351591090

Major events in copyright Major events in copyright historyhistory

1831 – first major revision to the law, now includes musical compositions and extends copyright to 28 years, plus an additional 14 year renewal – eventually also dramatic works and photographs

1870 – second general revision, includes works of art, copyright activities become responsibility of Library of Congress

1891 – International Copyright Act signed into law1895 – Cleveland signs Printing Act - prohibits

copyright of any government publication

Library of Congress. (2010). Taking the mystery out of copyright. Retrieved April 18, 2010, from http://www.loc.gov/teachers/copyrightmystery/#/files/

Major events in copyright Major events in copyright historyhistory

1909 – third revision of the law – includes all writings of an author and extends renewal to 28 years

1912 – motion pictures now included1953 – extended to poetry, novels and textbooks1955 – U.S. becomes member of

Universal Copyright Convention1978 – fourth major revision – extends copyright 50

years after author’s death1998 –

The Sonny Bono Copyright Term Extension Act – extends to 70 years after author’s death

1998 – Clinton signs Digital Millennium Copyright Act


Copyright timeline:Copyright timeline:A history of copyright in the A history of copyright in the

U.S.U.S.

To get more information

regarding copyright legislation and important court

cases, click on the link below

Copyright TimelineAdler, P. (2007). Influencing public policies. Retrieved April 16, 2010 from, http://www.arl.org/pp/ppcopyright/copyresources/copytimeline.shtml

How does copyright affect How does copyright affect teachers?teachers?

The educational system has been provided with the broadest exemption in copyright law. This exemption is known as fair use. Fair use means that individuals can use copyrighted material as long as it is used for educational purposes, scholarly criticism, parody, or news reporting.

For a more complete look of Fair Use, click on the following link www.copyright.gov

U.S. Copyright Office. (2009). Fair Use. Retrieved April 7, 2010, from http://www. copyright.gov/fls/fl102.html

Factors in determining fair useFactors in determining fair use

There are 4 non-exclusive factors to consider when determining if something falls under Fair Use including: 1) the purpose and character of the use 2) the nature of the copyrighted work3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole4) the effect of the use upon the potential market for or value of the copyrighted work

University System of Georgia. (2009). The fair use exception. Retrieved April 7, 2010, from http://www.usg.edu/copyright/the_fair_use_exception/

How can I determine if How can I determine if something is fair use?something is fair use?

One of the best ways to determine if One of the best ways to determine if the educational material you are using the educational material you are using falls under fair use is to complete the falls under fair use is to complete the fair use fair use checklist created by Columbia University.

The U.S. Copyright Office legally cannot The U.S. Copyright Office legally cannot interpret the law; rather it is interpret the law; rather it is determined by the courts. When in determined by the courts. When in doubt, do not use it.doubt, do not use it.

Linder. (2000). The cat not in the hat: a parody. Retrieved on April 18, 2010, from http://www.law.umkc.edu/ faculty/projects/ftrials/communications/CAT1.jpg

Columbia University Libraries/Information Services. (2009). Fair use checklist. Retrieved on April 7, 2010 from http://copyright. columbia.edu/ copyright /fair-use/fair-use-checklist/

Fair Use examplesFair Use examples

Faden, E. (2007). A fair(y) use tale. Retrieved on April 15, 2010 from http://www.teachertube.com/ viewVideo.php?video_id=2523&title=A_Fair_y__Use_Tale

Jas340. (2009). Lazy Scranton. Retrieved on April 15, 2010 from http://www.youtube.com/watch?v =R7o5xfYtrJg

Watch this funny parody regarding fair use

A Fair(y) Use Tale

A hometown example of fair use

Lazy Scranton

How is copyright changing?How is copyright changing?

Copyright law is constantly being updated as new Copyright law is constantly being updated as new technology emerges. The growth of distance learning technology emerges. The growth of distance learning has caused additional changes to copyright law.has caused additional changes to copyright law.

In 2002 Bush signed the Technology, Education, and Copyright Harmonization (TEACH) Act which provided for the use of copyrighted work by accredited nonprofit educational institutions in distance education

For more specific information click the TEACH Act


Wilkes University Moodle. (2009). Copyright in distance education: the TEACH act. Retrieved April 12, 2010, from http://moodle1.wilkes.edu/mod/resource/view.php?id=54819

Issues with copyrightIssues with copyright

Copyright law is continually changing to meet the demands of today’s technology. Influential lobbyists are pushing to extend the terms of copyright. Users of copyrighted material are often fighting for their rights under fair use. Copyright holders are losing millions of dollars in earnings from their work due to infringement or piracy. Other copyright holders want to freely share their creations with the world. How then can teachers expect students to know what is right or wrong?

One solution: Open Content

Wilkes University Moodle. (2009). Intellectual property or imaginary property. Retrieved April 6, 2010, from http://moodle1.wilkes.edu/mod/resource/view.php?id=54813

What is open content?What is open content?According to opencontent.org, open content is content that is licensed in a manner that provides users with the right to make more kinds of uses than those normally permitted under the law - at no cost to the user. Essentially, the fewer copyright restrictions placed on the user of a piece of content, the more open the content is. The primary permissions or usage rights open content is concerned with are expressed in the "4Rs Framework:"

1. Reuse2. Revise 3. Remix 4. Redistribute

Opencontent.org. (2010). Defining “the open” in open content. Retrieved April 19, 2010, from http://www.opencontent.org/definition/

What types of open contentWhat types of open content are available? are available?

Wilkes University Moodle. (2009). Copyright enhancement, creative commons, and open content. Retrieved April 12, 2010, from http://moodle1.wilkes.edu/mod/resource/view.php?id=54820

To learn more about any open content source, please click on the icons below. The

buttons will take you directly to the organization’s website.

What does the future hold What does the future hold for copyright?for copyright?

The simple answer is…we’re not really sure.

Only time will tell.

ReferencesColumbia University Libraries/Information Services. (2009). Fair use checklist.

Retrieved on April 7, 2010 from http://copyright.columbia.edu/ copyright /fair-use/fair-use-checklist/

Copyright Clause. (2010, March 23). Wikipedia, The Free Encyclopedia. Retrieved April 18, 2010, from http://en.wikipedia.org/w/index.php?title=Copyright_Clause&oldid =351591090

Faden, E. (2007). A fair(y) use tale. Retrieved on April 15, 2010 from http://www. teachertube.com/viewVideo.php?video_id=2523&title=A_Fair_y__Use_Tale

Jas340. (2009). Lazy Scranton. Retrieved on April 15, 2010 from http://www.youtube. com/watch?v=R7o5xfYtrJg



Linder. (2000). The cat not in the hat: a parody. Retrieved on April 18, 2010, from http://www.law.umkc.edu/faculty/projects/ftrials/communications/CAT1.jpg

ReferencesOpencontent.org. (2010). Defining “the open” in open content. Retrieved

April 19, 2010, from http://www.opencontent.org/definition/University System of Georgia. (2009). Copyright generally. Retrieved April 7,

2010, from http://www.usg.edu/copyright/copyright_generally/University System of Georgia. (2009). The fair use exception. Retrieved April

7, 2010, from http://www.usg.edu/copyright/the_fair_use_exception/U.S. Copyright Office. (2009). Fair Use. Retrieved April 7, 2010, from

http://www.copyright.gov/fls/fl102.htmlWilkes University Moodle. (2009). Copyright enhancement, creative

commons, and open content. Retrieved April12, 2010, from http://moodle1.wilkes.edu/ mod/resource/view.php?id=54820

Wilkes University Moodle. (2009). Copyright in distance education: the TEACH act. Retrieved April 12, 2010, from http://moodle1.wilkes.edu/mod/ resource/view.php?id=54819

Wilkes University Moodle. (2009). Intellectual property or imaginary property. Retrieved April 6, 2010, from http://moodle1.wilkes.edu/mod/resource/ view.php?id=54813