2+-+Digital+Citizenship+-+Copyright

=WHAT IS THE PURPOSE OF COPYRIGHT LAW?=

Underlying purpose of copyright law - to encourage people to create new work. To strike a balance between the needs of a public to be well-informed and the rights of copyright owners to profit from their creativity, Congress passed a law authorizing the use of copyrighted materials in certain circumstances deemed to be "fair" -- even if the copyright owner doesn't give permission.

=LINKS= []

[] The US government's web page about copyright, with a few good videos.

[] Standford's video on fair use and code of practices. It also has podcasts about copyright.

=HOMEWORK - Due Thursday, September 17= On ED260 Wiki, on Student Page, make sure that your Quia address is for your class page and not your profile page. Also make sure that your games are available on the Class page. Learn about copyright, particularly Fair use. You will need to write up 5 discussion classes and hand them in during class, as well as post a response to the article on taping shows on TV. The entire assignment can be seen by clicking the icon below.

Class 4 Homework assignment.docx

Also, read through the Leading and Learning magazines for ideas of topics you might like to research and lead a discussion about.

=HOMEWORK - Due Tuesday, September 22= On Moodle, Carroll Odhner's site under Library has an information literacy online course. It can offer you significant help with researching your topic for discussion. If you haven't passed your information literacy test, it would behoove you to read through the Setting up a Search tutorial. Please fill out the Seach Sheet. Work on developing good questions for focusing your discussion. Select keywords and try searching electronic databases for appropriate articles. If you have trouble finding materials for the topic you picked, you may want to change your topic. Please bring a list to class of the articles you have found.

=FAIR USE= Often, it's difficult to know whether a court will consider a proposed use to be fair. The fair use statute requires the courts to consider the following questions in deciding this issue: As a general rule, if you are using a small portion of somebody else's work in a non-competitive way and the purpose for your use is to benefit the public, you're on pretty safe ground. On the other hand, if you take large portions of someone else's expression for your own purely commercial reasons, the rule usually won't apply.
 * Is it a competitive use? (In other words, if the use potentially affects the sales of the copied material, it's usually not fair.)
 * How much material was taken compared to the entire work of which the material was a part? (The more someone takes, the less likely it is that the use is fair.)
 * How was the material used? Is it a transformative use? (If the material was used to help create something new it is more likely to be considered a fair use that if it is merely copied verbatim into another work. Criticism, comment, news reporting, research, scholarship and non-profit educational uses are most likely to be judged fair uses. Uses motivated primarily by a desire for a commercial gain are less likely to be fair use).

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law ( [|title 17, U. S. Code] ). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work. The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney. FL-102, Revised May 2009

http://www.copyright.gov/fls/fl102.html