Copyright in Education
Copyright protects
anyone who creates/makes something (song, book, software, art, movie, play,
pantomime, photograph, choreographed dances, digital works or creations, etc.)-even
anonymous creators. It is automatic upon
creation and a work does not have to be registered or published for copyright
to take effect. Creation must be in a
physical form (if it’s in your head, it’s not copyrighted). U.S. copyright law is found in Title 17 of
the United States Code. Copyright was
not created to make teacher’s lives harder.
Copyright exists because there is incentive for people to create things
when they can be compensated for their work and have protections and rights
regarding those creations. Otherwise,
why would anyone put in the effort?
Facts themselves
are not copyrightable. For example, you
can’t copyright a standard calendar.
However, you can add photographs and create a calendar for sale and
copyright that. Usually, the more
creative the work, the more copyrightable it is. An idea does not become copyrighted until you
put that idea into some form of physical medium.-it has to be able to be seen,
read, or heard directly or by aid of a machine.
Works created by the federal government or its employees (such as
publications or circulars from the US Dept. of Education) are not
copyrightable. You can’t copyright a
name, slogan or a phase. You would need
a trademark for that. You can’t
copyright an invention or a discovery.
You will need a patent for that.
The US does have agreements with other, but not all countries. Copyright
does expire. Anything made before
January 21, 1923 is in the public domain and can be used freely. There are some other rules about the public
domain. Some works that were not
originally protected may be in the public domain as well. See this site for a chart created by Lolly
Gasaway of the University of North Carolina which contains more specifics on
the public domain: http://www.unc.edu/~unclng/public-d.htm. The U.S. government has agreements with some,
but not all, countries. Therefore,
copyright laws can vary between countries.
Creators should be aware of this.
Given copyright
laws, one might assume an educator would never be able to use anything in the
classroom without going to a lot of work to gain permissions. Fortunately, fair use allows educators to
make LIMITED and REASONABLE use of copyrighted works for educational purposes
without getting permission from the author/creator. Fair use are guidelines which are open to
interpretation by judges, so be careful when employing them. The guidelines involve dos and don’ts. According to fair use, you may use a portion
of a work without getting permission if you meet fair use guidelines. The material you want to use must have been
obtained legally. The use must be for
educational and non-profit purposes. You
must use it for factual and non-published purposes. You must use only a LIMITED AND REASONABLE
amount of the work-only the amount you need to meet your educational goal. You should also use it for a limited time
(not the whole year) and for a limited audience-only the students in your
class, not the whole school. The
Columbia University Libraries puts out a helpful checklist for its faculty and
staff. You can find a link to it in the
reference section of this presentations.
You can and should use a checklist such as this for each material you
plan to use and keep a copy of it on file after the use. Fair use also allows works to be used for criticism
and commentary, parody, news reporting, art, scholarship and research. Some of the don’ts of fair use include that
the use must not be commercial and it must not prevent or take away any sales
or profit from the creator or copyright holder.
Online educators
must abide by copyright law, however, there are some differences in things
online educators can do and face-to-face educators can do. The TEACH act of 2002 covers these
differences. This act is very technical
and has many restrictions. It allows you
to digitally transmit material under the following stringent conditions:
If
you work for an accredited, non-profit, educational or governmental agency that
has copyright policies in place and if you, the instructor, are controlling the
transmission
If
the work is a non-dramatic literary work (poem or short story) or a
non-dramatic musical work (any music other than an opera or music video)
If you obtained
the copy legally
If it is only
during the class session and not longer
If it is part of
an instructional activity or directly related to the content of the instruction
Some exciting
resources for educators include open education resources and creative
commons. People who create something and
want to make it available to others for free and with less restrictions than
normal copyrighted materials have the ability to do so through these two
formats. Open education resources can be
found in commons such as the oercommons.org.
They include materials that are made available to the public such as
software, data, courseware, lesson plans, digital files, and more. They are usually free, adaptable, and allowed
to be redistributed once adapted. They
usually require attribution to original creator. A Creative Commons license allow creators to
provide their work to others under certain conditions. There are four choices for creators: Attribution, Share Alike, Noncommercial, No
Derivative works. For example, allowing
others to copy, display, distribute, perform, and derive their own works from
yours ONLY if they give you credit in a way you deem. See CreativeCommons.org for more info on the
types of licenses available.
Be aware of what
rights you have when you are employed by an institution. Ko and Rossen (2010) report that some have
policies that will allow you to use your courses elsewhere and other do
not. They recommend several steps to
protect your intellectual property:
using software
such as Adobe Acrobat to protect your own work from theft
using
and requiring passwords to access your website, or convert it to streaming media
because streaming media is housed in an area on the user’s computer which isn’t
readily or widely known
always
use the copyright symbol to warn and ward off would-be copyright abusers
check
for unauthorized use through online search engines
be
professional and gracious when you notify the offender, they may not have done
it on purpose. If they refuse to take it
down, you may need legal representation.
As a final
warning, use these tips to help protect yourself. Always get permission if you are not
sure. Simply citing or referencing the
author or work will not protect you under copyright-you must have permission if
it isn’t fair use. Opt for the public
domain whenever possible. Protect
yourself by using a checklist each time you use a copyrighted material.
References
Copyright Advisory Network American Library
Association Office for Information Technology Policy. (n.d.). Retrieved July
09, 2016, from http://librarycopyright.net/resources/Copyright for teachers.
(n.d.). Retrieved July 09, 2016, from https://www.auburn.edu/citizenship/copyright_for_teachers.html
Copyright in General (FAQ) | U.S. Copyright Office.
(n.d.). Retrieved July 09, 2016, from
http://www.copyright.gov/help/faq/faq-general.html
Crews, K. D. (2008, May 14). Fair Use Checklist [PDF].
New York: Columbia University Libraries.
Gasaway, L. (2003, November 4). WHEN WORKS PASS INTO
THE PUBLIC DOMAIN. Retrieved July 09, 2016, from
http://www.unc.edu/~unclng/public-d.htm
Hawkins, A. (2016, January 06). The New York Public
Library just uploaded nearly 200,000 images you can use for free. Retrieved
July 09, 2016, from
http://www.theverge.com/2016/1/6/10723680/nyc-library-public-domain-images-digital
Ko, S. S., & Rossen, S. (2010). Teaching
online: A practical guide. New York: Routledge
Starr, L. (2010, May 25). The Educator's Guide to
Copyright and Fair Use. Retrieved July 09, 2016, from
http://www.educationworld.com/a_curr/curr280.shtml
Teaching Copyright. (n.d.). Retrieved July 09, 2016,
from https://www.teachingcopyright.org/handout/fair-use-faq