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Copyright in the classroom

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Jason Mammano

on 19 October 2012

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Transcript of Copyright in the classroom

Copyright law grants creators the sole right to publish, reproduce, sell, display, perform and prepare derivative works of their original works. Works that are original Works that are in a fixed form (eg. written down or recorded) 1. The character or purpose of your use Your students also hold the copyright to any work they produce for class Copyright Basics Fair Use The
Teach Act A derivative work by Jason Mammano,

Original presentation by:
The Copyright Education & Consultation Program opyright in the Classroom bulb book What is fair use? What are the four factors? 2. The nature of the material being used 3. The amount of the work that will be used 4. The effect your use will have on the market value for the original material There are four factors to consider when deciding whether or not your use of a work is fair (The green end of the spectrum is more likely to be considered fair use!) I keep hearing about creative commons ... How can you use public domain works? What is protected? What is not protected? Works that are original Works that are written or recorded in a fixed form Titles Facts Processes Government Works Works in the public domain Ideas These are examples, not a comprehensive list! What falls under public domain? Materials that are no longer, or never were protected by copyright Most of the same ways the original copyright holder can! You can publish, reproduce, sell, display, perform, and prepare derivative works without permission Public Domain "The Classroom
Exemption" The Technology, Education and Copyright Harmonization Act of 2002 (H.R. 22157)

provided a much needed technology update to the Copyright Act. It adds a distance education exemption addressing "mediated instructional activities transmitted via digital networks." Basically extending the Classroom Exemption to the cloud. The type of license you choose shows how the work can be used Creative Commons licenses - in fact any type of license - take precedence over copyright A creative commons license grants users permission to use a work in specific ways The Creative Commons Creative Commons licenses allow for community creation and adaptation. It lets people to use your work in new and meaningful ways Picture of bookshelf by CCAC North Library Re-evaluate your use to see if you can cut back and so that it falls under fair use or choose a new work What if the copyright holder says no?! Who Should I Ask? Author Other beneficiary Publisher How should I ask? Be sure to get permission in writing There are often forms on publishers' websites Dear Copyright Holder: What portion of the material you will be using How you will be using the material The frequency of your use What you will be getting out of the use No response does not grant permission! Getting Permission Send a letter to the copyright holder Collective licensing agencies (such as the Copyright Clearance Center) maybe able to sell you a license When you write to the copyright holder let the copyright holder know ... The copyright holder could be: Picture of paper by D Sharon Pruitt Funded by a Library Services and Technology Act grant administered by the Illinois State Library For example: government documents Works on which the copyright has expired Can I use copyrighted materials for instruction? The short answer: Probably! Section 110 of copyright law allows public education institutions to display or perform copyrighted materials as long as it occurs during face-to-face teaching, the material has been lawfully obtained, and there is no profit being made Using Copyrighted Materials in the Classroom "Sticky Wicket"

Sticky wicket is a metaphor used to describe a difficult circumstance; it originates from difficult circumstances in the sport of cricket. Wikipedia Life of author + 70 years Fair Use can only be applied when the copyrighted material is used for: criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. Is your application transformative, as opposed to merely a derivative? Transformative: Has the material you have taken from the original work been transformed by adding new interpretation or meaning?

Was value added to the original by creating new information, new aesthetics, new insights, or understandings? The following four Teach Act guidelines were interpreted by the TILT Learning Program at Colorado State University The Alternative to using "copyrighted" materials in the classroom
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