Goals

• To introduce you to Copyright and Fair Use basics
  • understand the purpose of Copyright
  • know when situations fall under Fair Use
  • think about your own copyrights

I AM not A lawyer

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Purpose of Copyright

purpose of copyright

"To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Article 1, Section 8, Clause 8, U.S. Constitution

What's Protected?

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Protected

• Writing

• Choreography

• Music

• Visual Art

• Architectural Works

Unprotected

• Ideas & Theories

• Facts & Data

• Titles

• Short Phrases

• Patents

How are things Copyrighted?

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copyright 101

• Protection in automatic once a work is fixed
• Registration is not necessary
• Very little creative originality is needed

Who is the Copyright Holder?

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Copyright Holders

• The creator is usually the copyright holder.

• If two or more people create a work, they are joint copyright holders, with equal rights.

Length of Copyrights

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Copyrights

• Life of the author + 70 years

• Joint works: 70 years after death of last author

• For works for hire or anonymous works, 95 years from publication or 120 years from creation, whichever expires first

Public Domain

• US: Works published before 1/1/1923
• Does not require permission
• See copyright.cornell.edu/resources/publicdomain.cfm

Benefits of Copyright

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Benefits

• Helps avoid plagiarism

• Helps share knowledge and creative works publicly

• Protects creator's work and potential profit

• It is flexible

• Loves non-profit libraries and schools

Fair Use

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Fair Use

• Section 107, codified with the Copyright Act of 1976

• Determined on a case-by-case basis

• Requires one to think and make a judgment

• You may never know for sure that a use of a copyrighted work is fair or not

Measuring
Fair Use

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1. Purpose & Character of Use

• Why do you want to use a copyright?

• Are you adding new interpretation, expression or meaning?

• Was value added to the original by creating new information?

1. Purpose & Character of Use

www.boston.com/bostonglobe/editorial_opinion/outofline/2009/02/fair_use_vs_faireys_use.html

www.pastemagazine.com/blogs/awesome_of_the_day/2011/05/celebrate-star-wars-day-with-these-sweet-propaganda-posters.html

3. Amount & Substantiality

• Amount: Less is more (except in parody)

• Usually 10% rule

• Substantiality: Heart of a work or peripheral?

ex. Blurred Lines

2. Nature of Publication

• What is the material that you’re using?
• Is it Factual or Fictional?
• Published or Unpublished?

​

4. Effect of Use on the Potential Market

• Does your use deprive the copyright owner income?

• Does it undermine a new or potential market for the copyrighted work?

Fair Use Guidelines

• Motion Media

• Text Material

• Music, Lyrics and Music Video

~10%

Copyright Exceptions

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Copyright exceptions

• Section 110 : allows teachers to display or perform works in the face-to-face classroom and in the digital or distance education classroom via digital networks

• Section 117 : owner of a software program can make a backup copy

• Section 121 : allows for the making of accessible copies for people with disabilities

Real-Life Scenarios

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Q.

If I find it on the web, it's free to use, right?

Q.

If I find it on the web, it's free to use, right?

A.

No. All of the copyright concepts apply to electronic and printed materials.

Remember that it is not necessary to post a copyright notice for the author to have rights, even on the web.

Q.

A teacher wants to give a class an entire copy of the Canterbury Tales to use for class. Will that infringe on copyright?

Q.

A teacher wants to give a class an entire copy of the Canterbury Tales to use for class. Will that that infringe on copyright?

A.

It depends on annotations, translations, introductions, and editions. The Canterbury Tales itself is in the Public Domain.

Q.

As an instructor, you want to use a YouTube copy of a TV show that was not uploaded by the studio. Is this ok?

Q.

As an instructor, you want to use a YouTube copy of a TV show that was not uploaded by the studio. Is this ok?

A.

No. Options: 

• Obtain the video on another format.
• Search for another video that makes your point

teachertube.com

Q.

Can you copy software code and incorporate it into your own code that you upload to GitHub?

Q.

Can you copy software code and incorporate it into your own code that you upload to GitHub?

A.

It depends.

• What's your purpose in copying it?
• What's the nature of the code?
• Do you have/need permission to use it?
• Is your repository pubic?

Q.

Can you reverse engineer commercial software to help establish its functional principles for your own development purposes?

Q.

Can you reverse engineer commercial software to help establish its functional principles for your own development purposes?

A.

Maybe.

• Sega vs. Accolade (1992) on compatible game cartridges
• Oracle vs. Google (2012/2014/2016)  APIs as creative works

private static void rangeCheck(int arrayLen, int fromIndex, int toIndex {
     if (fromIndex > toIndex)
          throw new IllegalArgumentException("fromIndex(" + fromIndex +
               ") > toIndex(" + toIndex+")");
     if (fromIndex < 0) 
          throw new ArrayIndexOutOfBoundsException(fromIndex);
     if (toIndex > arrayLen) 
          throw new ArrayIndexOutOfBoundsException(toIndex);
}

Q.

Can you download web images for presentation slides without worrying about breaking the law?

Q.

Can you download web images for presentation slides without worrying about breaking the law?

A.

Yes! Section 110(1) of Copyright law allows this. The images should be used strictly for non-profit, educational purposes in the face-to-face classroom, including professional development.

Your Copyrights

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You own what
you create

Unless you...

• Sign away your copyrights
• Create works-for-hire
• Purposefully license your works as CC-BY

Thank you!

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