Copyright Issues in Training Design
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This material is excerpted from the award-winning course developed by Drake Resource Group. Not sure what's legal to use or how to use materials you like to avoid copyright violations? This workshop is designed to help you stay legal AND creative. For more information on copyright standards or to bring this workshop to your business team, please contact us at www.DrakeRG.com
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Copyright Issues in Training Design
- 1. Sue Drake President, Drake Resource Group www.DrakeRG.com © 2010 Drake Resource Group. All rights reserved.
- 12. Case 5 An author copied more than half of an unpublished manuscript to prove someone was involved in the overthrow of the Iranian government. © 2010 Drake Resource Group. All rights reserved. www.DrakeRG.com Fair Use Love v. Kwitny, 1989
- 18. Thank You! www.DrakeRG.com © 2010 Drake Resource Group. All rights reserved.
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- Introduce importance of the topic. You notice a really neat cartoon in the newspaper and come up with the idea to copy it onto the handouts for an upcoming presentation. You've prepared a presentation with the theme of drive and determination. You want to inspire the participants so you bring in your CD with music from the Rocky movie—it's old but it's classic. You plan to have it playing while participants enter the room. This may seem innocent enough, but these are copyright violations. The courts frown on copyright thieves, whether it's done knowingly or not. It pays to know the law so you don't end up on the wrong side of it. Transition to agenda With the advent of digital works and the ease of downloading, copying, sharing, and transforming them, incidence of copyright infringement is increasing. Fines can be steep and the courts are generally sympathetic to the copyright owners. As part of your profession, it's necessary to become knowledgeable of the basics of copyright.
- Review agenda. To help you become more knowledgeable, we’ve created this short workshop. DRG also has a 90 minute online course on this topic. We’ll begin with a basic overview of Copyright Law, then we’ll spend some time talking about “fair use” guidelines. Fair use is something that people invoke when they want to use someone else’s materials without paying for it or without getting permission. A short quiz will illustrate some important points about fair use. Today we’ll also talk specifically about reproducing articles, using photos, and music and obtaining copyright permission.
- Introduce Copyright Law Basics CLICK Mouse to bring up each bullet individually. The law's main purpose is to encourage creativity in the arts, science and industry by offering financial incentive to creators. Copyright laws apply to literary, dramatic, musical, artistic, and certain other intellectual works. You don't have to publish a work or even affix a copyright notice to own copyright. It's automatic when an original work is set into a tangible form, such as print, image, or musical score. In fact, it even includes your e-mail, memos, and personal correspondence! Who Can Claim Copyright Once the work is in fixed form, the copyright becomes the property of the author or those deriving their rights through the author . This refers to "works made for hire" where the employer and not the employee is considered to be the author. This also includes a work specifically ordered or commissioned.
- Can it be Copyrighted? ASK for a volunteer to help with this exercise. Ask the volunteer to answer each question one line at a time. If the volunteer isn’t sure of correct answer, he/she can “poll” the audience,. CLICK the mouse to bring up each answer. Explain that a complete list of items that can and can not be copyrighted is in their handout. Give the volunteer a “thank you” gift.
- Do I Need Permission? As a general rule ask yourself three questions to find out if you need copyright permission. Does the work have copyright protection? Does the fair use exemption apply? Are you using the author's expression, that particular sequence of words embodied in the work? Transition to Fair Use Guidelines
- Explain Fair Use Guidelines briefly. Fair use, an exemption of the copyright law, is a privilege that allows the use of copyrighted works without requiring permission. This exemption was created to allow criticism, comment, news reporting, teaching, scholarship, and research of copyrighted works. CLICK Mouse to bring up each point one at a time. There are four factors to determine if a particular use is fair. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes. Another important factor is whether the purpose was to help create something new or just copy verbatim into another document. If the courts consider a work to be transformative , it's less likely to be ruled an infringement. 2. The nature of the copyrighted work. For example, information is less protectible than creative work. 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. For example, you may be able to cite a paragraph from a journal article, but not an entire section. Generally, the less you copy the safer you are but the importance of the passage is weighed heavily. If the copying is slight but central to the work, it may be considered an infringement. In contrast to text, using video clips, artwork, photos, cartoons, or music is less likely to qualify for fair use. Using these works for corporate training is public showing and generally requires a license or permission. 4. The effect of the use upon the potential market for or value of the copyrighted work. This is often the most critical factor. If the original work is worth less because of the copied work, the use isn't fair. Also, if the copyright holder has lost money because of the use of his work, the courts are likely to rule in his favor. Remember that fair use is only a defense —not a right. And keep in mind that even if you win, a lawyer's fee may be high. Transition to Quiz Now let’s take a little quiz to see how some real cases were ruled regarding fair use.
- Introduce the Seinfeld Trivia case ASK the group if it was considered fair use or not. CLICK Mouse to reveal answer. Not fair use. Due to the judge’s decision that the work affected the owner’s right to make his own Seinfeld trivia books.
- Introduce the Muhammad Ali case ASK the group if it was considered fair use or not. CLICK Mouse to reveal answer. Fair use. A small portion of the film was taken and its purpose was informational.
- Introduce the Charlie Chaplin case ASK the group if it was considered fair use or not. CLICK Mouse to reveal answer. Not fair use. The court ruled that the piece of the film taken was substantial and part of the “heart” of the film. What I want to stress about this decision is how similar this scenario is to the previous scenario. They situations both made use of very small film clips, but one use was fair and the other wasn’t. This just shows you how the fair use guidelines are interpreted by the different courts in which the cases were brought to trial.
- Introduce the Church of Scientology case. ASK the group if it was considered fair use or not. CLICK Mouse to reveal answer. Fair use. Because only a small portion of the work was excerpted and the purpose was for news commentary, the use was ruled fair.
- Introduce the Iranian Government case ASK the group if it was considered fair use or not. CLICK Mouse to reveal answer. Not fair use. A substantial portion was taken and the work was unpublished. Unpublished work is ruled more strictly.
- Introduce Scenario ASK: Where does he begin? DISCUSS responses CLICK Mouse to bring up bottom box with initial steps to begin with .
- Obtaining Permission (Text) Be very specific about what you want to ask for, before asking for it. For example: Know exactly how many copies you’ll need, or how many participants you’ll have. Indicate the exact purpose of your use: for live sales training, for reference material, for WBT, etc. What is an ISBN? The ISBN (International Standard Book Number) is a 10- or 13-digit number used for identification. An ISBN is unique to every book, so it is the best way to find the exact edition of the book you're looking for. What is an ISSN? The International Standard Serial Number (ISSN) is an internationally accepted code which identifies the title of serial publications. It is an eight digit number consisting of seven digits plus a check digit which enables a computer to recognize when the number is incorrectly cited. The check digit may be an X, otherwise the ISSN is fully numeric.
- Artwork and Photos ASK: Where does she begin? DISCUSS responses CLICK Mouse to bring up bottom box with initial steps to begin with. When it comes to artwork and photos, it's rare that you qualify for fair use defense. Unless you create the image or take the photo, you'll have to secure permission to use the work (unless the photo was published before 1923 which places it in public domain). The most common way to secure rights to use existing images is to go through an image bank. The artwork offered by these image banks is known as "stock photos". A stock photo is any photo available for license. Stock photos fall into two categories: rights-protected and royalty-free. Rights-protected are more expensive because the image banks manage who is using them and how. Royalty-free images are not managed and, therefore, may be overused—but are cheaper. Be sure to read the licensing agreement before using images from any image bank. You'll also need to verify that the royalty-free image providers haven't illegally obtained the images they offer. Examine the "terms and conditions" at the web sites to ensure that the providers are liable so you don't get sued for infringement.·
- Music Licensing ASK: Where does she begin? DISCUSS responses CLICK Mouse to bring up bottom box with initial steps to begin with. No, you cannot bring your CD player into training and play your favorite tunes. They're licensed for personal use only. Music licensing is perhaps the most complicated of all the creative works. First of all, there are two separate copyrights—one for the words and music of the song and the other for the performance and audio sound of the recording of the song. For example, all of Mozart's music is in public domain, because it's centuries old. But, use of a recording of Mozart's music requires permission from the performing orchestra. There are three different licenses for purchase: Performing rights, Mechanical rights and Synchronization rights To play the music in a public setting, obtain a performance license. To copy or reproduce a song, secure the mechanical rights. To use the music synchronized with images, secure the synchronization rights.
- Review two simple steps for obtaining copyright permission. Be very specific about what you want to ask for, before asking for it. For example: Know exactly how many copies you’ll need, or how many participants you’ll have Indicate the exact purpose of your use: for live sales training, for reference material, for WBT, etc.