1. Copyright
& Fair Use
Alicia Tippins

2. How does
copyright
affect me?

3. Copyright is:
“The U.S. Law that protects the
works of authors, artists, composers,
& others from being used without
permission.”
(Cyberbee.com)
Also, anything you write or record is
automatically copyrighted,
and belongs to you!

4. Purpose of Copyright?
“To promote creativity,
innovation and the
spread of knowledge”
Article 1, Section 8
U.S. Constitution

5. Eye of Newt: Songwriter sues
Gingrich for using 'Eye of the
Tiger' music
Lawsuit seeks to stop politician's use of
'Rocky II track
January 30, 2012 – by Andy Grimm,
Chicago Tribune reporter

6. How long does copyright protection
last?
Copyright protection does not last forever. A copyright
has a "term" or length, depending on when the work
itself was created. For works created after January 1,
1978, the term of copyright is the life of the author
plus 70 years or, if the work is a Work-for-Hire, the
term is 95 years from first Publication or 120 years
from creation, whichever expires first. For works
published or registered prior to January 1978, the
term of copyright is 95 years.
(from Copyright Kids!)

7. More Copyright questions:
Other than books, exactly what can be
copyrighted?
Print: articles, newspapers, newsletters, poems, sheet
music, plays, musicals, etc.
Nonprint: videos, DVDs, CD-ROMs, software, audio
recordings, multimedia, photos, TV programs, public
performances, statues, paintings, etc.
Internet: web pages, e-mails, digitized graphics & movies &
ads, other digitized works available on the WWW.
All these can be covered by copyright law.
(Butler 5)

8. Public Domain
●
When copyright expires, works go into the
public domain
●
Works in the public domain may be freely
used, without permission
●
Works produced by the U.S. Government,
or any government agency, are also in the
public domain.
●
Citing sources is still important.

9. More copyright terms
Attribution: citing your sources
Infringement: Copying another's work in
violation of law
Licensing: Asking permission and paying
a fee
Fair Use: Legal use of copyrighted works
without permission or payment

10. How do I know if it’s Fair Use?
Four important factors:
Purpose of use
Must be educational, not to make a profit
Nature of the work
Better to use non-fiction than fiction
Amount you need to borrow
Small amount OK, & not “heart of the work”
Effect on the marketplace
Will it take away sales from the copyright holder?
(Butler 15-17)

11. How do I know if it’s Fair Use?
Fifth factor: Transformative Use
“When a user of copyrighted materials adds
value to, or repurposes materials for a use
different from that for which it was originally
intended, it will likely be... transformative use,”
and is Fair Use.
“Fair Use embraces the modifying of existing
media content, placing it in new context.”
-Joyce Valenza, School Library Journal

12. Examples of Transformative use
“Parody is one of the most clearly
identified transformative uses, but
any use of a source work that
criticizes or comments on the source
may also be transformative”
http://www.lib.umn.edu/copyright/fairuse
Songs by Weird Al Yankovic, for example.

13. Examples of Transformative use
“Audio and video mixes and remixes
are examples of transformative works, as
well as other kinds of works that use
existing content to do unexpected and new
things”
http://www.lib.umn.edu/copyright/fairuse
Students' multimedia projects &
mashups also fall into this category.

14. For more about Fair Use
Use the “Fair Use Checklist”
(see handout)
Use the online Fair Use Tool at:
http://www.lib.umn.edu/copyright/fairthoughts

15. Creative Commons
●
A license that allows the distribution of
copyrighted works
●
There are different types, such as:
– Attribution: you may copy, distribute,
display & perform the work & make
derivative works based on it as long
as the author is given credit.
– Noncommercial: the same rights, but
only for noncommercial purposes

16. Creative Commons
●
Some authors, such as Cory Doctorow,
always release their books under the
Creative Commons open license, which
allows readers to share and re-mix their
books.
(Singularityweb.com)

17. What should I do?
Look for images & songs with a
“Creative Commons” license; you can use these
without permission.
For songs:
Legal music for videos
(link under Media tab on Student homepage)
For images:
Flickr.com, advanced search

18. What should I do?
Remember Fair Use when using books, articles,
music, images, etc.
(Use “Checklist for Fair Use” handout)
Always remember to cite your sources!
EasyBib is great for creating your citations, and
the link is under the “Media” tab on the
students' home page.

19. Standards
National Educational Technology Standards
for Students
5. Digital Citizenship
Students understand human, cultural, and societal issues
related to technology and practice legal and ethical behavior.
Students:
a. advocate and practice safe, legal, and responsible use of
information and technology.
c. demonstrate personal responsibility for lifelong learning.
(NETS for Students)

20. References
Butler, Rebecca P.. Copyright for Teachers and Librarians. New York:
Neal-Schuman Publishers, Inc., 2004.
"Checklist for Fair Use." IUPUI Libraries. 10 Mar 2003. Indiana
University Purdue University Indianapolis. 7 Jul 2009
"ISTE/NETS for students 2007." ISTE home. 2007. International
Society for Technology in Education. 7 Jul 2009
<http://www.iste.org/Content/NavigationMenu/NETS/ForStudents/2007
Standards/NETS_for_Students_2007.htm>.
Kaemming, Laura. "Copyright Lesson Plan by Laura Kaemming."
Copyright with Cyberbee. 2001 Web. 6 Jul 2009.
<www.cyberbee.com/copyrpln.pdf>.
"Understanding Fair Use." University of Minnesota Libraries. University
of Minnesota, 2010. Web. 15 Feb. 2012.
<http://www.lib.umn.edu/copyright/fairuse>.