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Fair Use, Creative Commons, Plagiarism & AUP
 LEGAL ISSUES & TECHNOLOGY



EDUC W200 Week 13
A FAIR(Y) USE TALE




                     Video link
 EDUC W200 Week 13
FAIR USE AND TEACHERS

• Allows use of copyrighted materials for educational
  purposes
• Four standards for determining fair use:
  o Purpose of use
  o Nature of the work
  o Proportion/extent of the material used
  o The effect on marketability or commercial value
•    Copyright for Educators and Librarians (US Copyright Office)
•    Fair use song



    EDUC W200 Week 13
FAIR USE PORTION SUMMARY




 EDUC W200 Week 13
LET’S DISCUSS

• An instructor wants to include photographs and
  music in a Google Presentation for his class lecture.
  He plans to share the presentation with his class
  through the class website. He found an artist's online
  gallery and downloaded seven pictures to use in the
  presentation, and he converted one of the songs
  from The Eagles to a mp3 to use 50 seconds of the
  song.
                           Tip: think of Four factors
                               1. Purpose of the use
                               2. Nature of the work
                               3. Amount taken
 EDUC W200 Week 13             4. Economic effect
LET’S DISCUSS

• Based on your analysis of the scenario, what should
  the instructor do with the photographs in order to
  avoid violation of Fair Use?

• Based on your analysis of the scenario, what should
  the instructor do with the music file in order to avoid
  violation of Fair Use?




 EDUC W200 Week 13

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Week 13 w200_spring2013_part2

  • 1. Fair Use, Creative Commons, Plagiarism & AUP LEGAL ISSUES & TECHNOLOGY EDUC W200 Week 13
  • 2. A FAIR(Y) USE TALE Video link EDUC W200 Week 13
  • 3. FAIR USE AND TEACHERS • Allows use of copyrighted materials for educational purposes • Four standards for determining fair use: o Purpose of use o Nature of the work o Proportion/extent of the material used o The effect on marketability or commercial value • Copyright for Educators and Librarians (US Copyright Office) • Fair use song EDUC W200 Week 13
  • 4. FAIR USE PORTION SUMMARY EDUC W200 Week 13
  • 5. LET’S DISCUSS • An instructor wants to include photographs and music in a Google Presentation for his class lecture. He plans to share the presentation with his class through the class website. He found an artist's online gallery and downloaded seven pictures to use in the presentation, and he converted one of the songs from The Eagles to a mp3 to use 50 seconds of the song. Tip: think of Four factors 1. Purpose of the use 2. Nature of the work 3. Amount taken EDUC W200 Week 13 4. Economic effect
  • 6. LET’S DISCUSS • Based on your analysis of the scenario, what should the instructor do with the photographs in order to avoid violation of Fair Use? • Based on your analysis of the scenario, what should the instructor do with the music file in order to avoid violation of Fair Use? EDUC W200 Week 13

Notas do Editor

  1. When most people think of the word, “copyright,” they think about the rights of owners to control access to their intellectual property.  This is accurate, but it is not the whole story.  As the U.S. Constitution says, the purpose of copyright is to promote the spread of knowledge and innovation.  The intellectual property rights provision of the Constitution was included because the Founders believed -- correctly -- that encouraging the development of new ideas and information serves society as a whole.The Internet and other digital technologies have made it easier than ever to share, use, copy, excerpt, quote from, modify, repurpose and distribute language, still and moving images, and sounds that are the property – the “intellectual property” -- of others.http://www.youtube.com/watch?v=CJn_jC4FNDoStart from the 30th second.15years- now is extended longer and on==longerFair use-how to fair use, the limitation of copy right, teach, news, parody, critical comment…The nature of the workThe amount od borrowNot Commercial impactIf you have time, you can watch the whole video after the class
  2. Disney are the famous company who are very strict for the copyright. They are very serious about their materials.Educational purpose is totally different from the commercial purposeFair Use and TeachersFair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Rather than listing exact limits of fair use, copyright law provides four standards for determination of the fair use exemption: Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology.Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable. Proportion/extent of the material used(the amount): Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use.-like I mentioned when you were doing your digital story, less than 10% or 3mins whichever is lessThe effect on marketability: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use Which one do you think is the most important one? The whole purpose of copyright is to protect the owner.Bottom link refers to the Reproduction of Copyrighted Works by Educators and Librarians, and highlights the important portions of Copyright law for Educators. For specific information, see p. 6-8.
  3. Use less or get permission from the authorINSTRUCTOR ONLY!!! Why this is not Fair Use:This is going to be published on the internet. Publishing suggests ownership.Song: Intended to make money, artist gallery (unsure, probably to make money)More than 30 seconds of Song, more than allowed amount of pictures from artist/collectionMay or may not have an economic effectWhen you publish something online, it means you are the owner. So you need to be very careful.