Copyright Basics for Schools - Heather Clark BCR Member Services Librarian June 25, 2008
Posted by Matthew Woolums in Conference Sessions, Fair Use.trackback
We started with a ‘coffee talk’ with different subjects, such as “you can copy up to 10% of a book” or “you can copy one chapter of a book”.
Presentation outline:
*Landscape
*Fundamentals
*Exemptions
*Synthesis & Application
—————
Landscape
Copyright as censorship. Early English Law. Designed to protect the rights of the printing press owners. Also allowed for vetting process on the part of the ruling class. Statute of Anne (1710) Right to copy is limited to 14 years after which the work is placed in the public domain. Constitutional Statement on Copyright - Article 1, Section 8. http://en.wikipedia.org/wiki/Copyright_Clause
With changes in technology, copyright has increased the scope, subject matter, and duration.
Text (1800)
Work (1900)
Tools (2000)
—————–
Fundamentals
Duration is complex and covered by multiple laws. Started with 14 years with one 14 year extension. This was double to 28+28, then changed to Life of author +50 years (1976), then changed to life+70 (1998).
Digital Millennium Copyright Act (DMCA)
*Update copyright law for the digital environment
*Deals with Digital Rights Management (DRM) technologies
Copyright belongs to the creator unless the creator gives it away. Exceptions include material created as part of employment, commissioned works, and any terms of publishing.
Rights include: reproduction, distribution, preparation of derivative works, public performance, public display.
Aspects of Copyright
*Expression, not idea
*Original and fixed
Public Domain
Belongs to everyone and no one
Anyone can exercise rights of copyright holder
Also includes:
-facts
-Works of US Government
-State Governments vary
—————-
Exemptions
Teaching exemptions - TEACH Act
Fair Use
Library circulation
Library archives
TEACH Act 2002 - http://en.wikipedia.org/wiki/TEACH_Act
*Allows public performance and display of copyright works in digital form
*Specific list of accepted uses = limited scope
*Requirement PRIOR to use
Face to face
-non-profit teaching institution
-legal copy
-teaching objective linked to the presentation
Digital Transmission
-legal copy
-accredited
-mediated instructional activities
-dramatic literary works - limited
-enrolled students only
Additionally institutions must have:
-copyright policies
-copyright best practices for teachers and students
-inform students of copyrighted materials
Technology protection measures: prevents retention of work accessible after the class, unauthorized further dissemination - may not manipulate existing encryption (like watermarks, passwords, etc.)
Fair Use
Purpose - Amount - Nature - Effect on market
Fair Use checklist http://www.copyright.iupui.edu/checklist.htm
Fair Use is a legal way to infringe on copyright
Guidelines
Alternatives to Fair Use
Broadly used as policy by school districts
10%, etc.
Not law - rests on congressional intent - does not protect from litigation or liability
Face-to-face teaching exemption - teacher or instructor is present - only students - connection to course content - using legitimate content
Audience is considered, as is context, access, and attribution
RISK activity using examples in small discussion groups
Copyright and Fair Use are indicators of risk, but as educators we have an obligation to present the moral and ethical issues involved with our students and in our professional behavior.
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Bibliographical Center for Research http://www.bcr.org/
Heather Clark’s bio http://www.bcr.org/training/schedule/profile.php?contactid=1
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