Righting our Copyright Wrongs
#SorryNotSorry
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Dr. Chris Haeffner
Director of Library Services
Lincoln Public Schools ESU #18
chaeffne@lps.org
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Why talk about Copyright?
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If it doesn’t have notice of copyright, it’s not protected by copyright.
Wrong!
Common Myths . . .
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If it’s on the internet, I can use it however I want.
Wrong!
Common Myths . . .
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If it’s out of print, it’s no longer protected by copyright.
Wrong!
Common Myths . . .
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If I credit the author or the source, I can use it however I want.
Wrong!
Common Myths . . .
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If I change something about it, then it becomes my own original work.
Wrong!
Common Myths . . .
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If I’m using it for educational purposes, it’s always fair use.
Wrong!
Common Myths . . .
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There’s a lot of copyright confusion . . .
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How did this happen?!
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When Congress created the Fair Use doctrine, its intention was NOT TO QUANTIFY FAIR USE.
Fair use guidelines are arbitrary rules that music and media industries have developed as a way to quantify fair use.
Guidelines are NOT the law!
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Copyright confusion comes with a price.
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This is NOT
Copyright Law.
Courts may not use these guidelines in making any copyright determinations in a legal decision.
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Who is behind the information?
What does the evidence say?
What do other sources say?
Media industries who profit from restricted access.
The law states absolutely nothing about limits to fair use.
Rejected by ALA, NSBA, and APLU
What if we had applied our own media literacy fact-checking skills to these guidelines?
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Government can establish a copyright system to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Section 1, Article 8
U.S. Constitution
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The right to reproduce their work
The Copyright Act of 1976 grants five rights to a copyright owner:
The right to create derivative works based on the work
The right to distribute copies of the work to the public
The right to perform the work publicly
The right to display the work publicly
1.
2.
3.
4.
5.
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The owner’s right to make money
is a side effect;
The real purpose is to
promote creativity, innovation, and the spread of knowledge.
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There’s a balance . . .
We give the authors & creators sole authority to market their works so that the public can benefit from access to the information.
Public Welfare
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Copyright law
is intentionally vague!
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The author or creator automatically holds the copyright,
UNLESS:
The work was commissioned as a work-for-hire
The work was created as part of employment
The holder forfeits their copyright�(Creative Commons)
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Some things are not protected:
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Section 108:
Copyright Exceptions for Libraries and Archives
Authorizes libraries and archives to reproduce and distribute certain copyrighted works without permission on a limited basis for the purposes of preservation, replacement, and research.
Only if the original is damaged, lost, or stored in an obsolete format AND cannot be replaced with an unused copy at a fair market price.
Prohibits distribution of digital copies outside the premises of the library
In need of updating to match 21st Century technology
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Section 110A
Section 110B (TEACH ACT)
Allows instructors and students to perform or display a copyrighted work during face-to-face teaching at a nonprofit educational institution in a classroom or other place normally devoted to instruction.
Allows the digital transmission of performances and displays of copyrighted works as part of synchronous or asynchronous distance education.
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Section 107: The Fair Use Doctrine of the Copyright Law of 1976
The fair use of a copyrighted work is not an infringement of copyright. This includes reproduction in copies for the purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.
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Woo-hoo!
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Educators can:
Learners can:
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Guidelines are NOT the law!
When Congress created the Fair Use doctrine, its intention was NOT TO QUANTIFY FAIR USE.
Fair use guidelines are arbitrary rules that authors, publishers, and copyright owners have developed as a way of quantifying fair use.
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Using the content in a way that it was not
originally intended;
By adding value or re-purposing,
it creates a Fair Use exemption!
�
Transformativeness!
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Four Factors of Fair Use
Nature of the Work
Amountof Work Used
Purpose of the Work
Effect on the Market
Every Factor Counts!
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Fair Use determination is a balancing act.
NOT
FAIR
FAIR
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Context
&
Situation�
Each instance is different.
Each requires a critical fair use determination.
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Nature of the Work
NOT
FAIR
FAIR
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Amount of the Work Used
NOT
FAIR
FAIR
work
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Purpose of the Work
NOT
FAIR
FAIR
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Effect of Use on the Market
NOT
FAIR
FAIR
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Copying to avoid making a purchase
Copying to exploit the popularity of someone else’s work
Copying to create a substitute or replacement for the original
Use of a work that is commercially available specifically for the educational market is unlikely to be considered a fair use.
RED FLAGS
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Section 504(c)(2)� The Reasonableness Standard.�
Court must remit damages to zero in any case where an infringer believed and had reasonable grounds for believing that his or her use of the work was a fair use.
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Shazam!
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Copyright Law gives us a LOT of flexibility!
We flex our muscles when we help our students and teachers use information to the broadest extent possible under the law.
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To Use or Not to Use: �Four Choices for using Copyrighted Materials
Use Public Domain or Creative Commons licensed content
Ask Permission or pay a license fee
Claim an exemption & use without permission
Don’t use it
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There is no third-party liability:
If someone else is violating copyright and you use it, you cannot get in trouble for it. You’re protected.
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Focus on finding ethical solutions that serve both the copyright holder and information users.
Be able to defend your decisions according to fair use.
Talk, dialogue, debate & learn from your colleagues.
Read, research, and continue to learn about copyright and fair use. We can only do our best at interpreting the law to the best of our abilities.
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AMOUNT PURPOSE NATURE MARKET
A teacher has a class set of To Kill a Mockingbird, but wants students to be able to read the daily assignment at home. He types each chapter into a Googledoc and makes the chapter available to students through their Google Classroom. Is this use Fair?
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AMOUNT PURPOSE NATURE MARKET
A teacher is teaching about the Declaration of Independence and plans to show students the movie National Treasure as an in-class activity. Is this use Fair?
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AMOUNT PURPOSE NATURE MARKET
A curriculum specialist is creating a new writing curriculum and wants to use excerpts of popular children’s books to exemplify concepts and strategies. She wants to include several paragraphs of text in both the teaching resources and student materials. Is this use Fair?
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AMOUNT PURPOSE NATURE MARKET
A music teacher is afraid that if students take their sheet music home, they will lose it. Instead, she makes copies of the originals to send home. Is this use Fair?
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AMOUNT PURPOSE NATURE MARKET
The math specialist is planning professional development for teachers and wants to provide 3-5 pages from the NCTM Standards book that list and describe the standards. The math department owns multiple copies of the book. A license for use can be purchased. Is this use Fair?
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AMOUNT PURPOSE NATURE MARKET
A first grade teachers has spent years becoming an expert on teaching garbology. In return, she modifies some of the lessons in the garbology curriculum notebook with graphics and extensions and puts her lessons up for sale on Teachers-Pay-Teachers. Is this use Fair?
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AMOUNT PURPOSE NATURE MARKET
The student council want to take an image of the Teenage Mutant Ninja Turtles, photoshop athletic jerseys onto their bodies, and print T-shirts to sell in their fundraising efforts. Is this use Fair?
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Information for this presentation was gleaned from the following resources:
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Thank you
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