GTN Copyright Working Copy.pptx

1 Copyright was considered so important by our forefathers that they included it in the Cons8tu8on (Ar8cle I, Sec8on 8) right a@er establishing post offices and before figh8ng pirates. Their reasoning is that if we can’t protect an individual’s right to make a living by being crea8ve or inven8ve, our country cannot thrive. 2 Our present day copyright law is influenced by congressional statutes, appointed councils, Library of Congress interpreta8ons, trea8es with other countries, and court decisions, making for a complex situa8on with many gray areas. 3 Copyright viola8ons may extend to the felony level, as when the Los Angeles City Schools were fined $5 million for copying so@ware. Of course, any teacher may be dismissed for viola8ng the law, but observing copyright law in crea8ng educa8onal materials is more about modeling ethical behavior rather than anything else. 4 Since 1989 the copyright symbol has not been required to indicate that material is protected. Congress passed legisla8on that year that protected any crea8ve material automa8cally as soon as it was put into fixed format (print, digital media, etc.). 5 Copyright protects virtually every aspect of the creator’s material, from changing the format to performing and displaying the work. Displaying on the Internet is a par8cularly egregious viola8on, as it makes the infringement widely available and easily detectable by so@ware that combs the Internet searching for plagiarism and unauthorized usage. 6 An end-­‐user license agreement, or EULA, can prevent one from claiming fair use to u8lize copyrighted materials without permission. By using a Web site, for example, one implicitly agrees to the terms of use – the fine print. YouTube, forbids downloading videos for offline viewing. Even so-­‐called public domain materials in the Crea8ve Commons collec8on have licenses that determine the type of use permi^ed. 7 Fair use is a principle that allows for the use of copyrighted materials under certain circumstances without obtaining permission. Fair use is intended to ensure that the principle of free speech is not compromised by copyright law, and that educators and researchers are capable of performing their du8es without undue hardship. 8 Copyright viola8ons are tried in Federal courts, which use four factors in determining the legi8macy of the fair use claim. Work that is not crea8ve (factual) cannot be copyrighted. Using a small amount of material for non-­‐commercial purposes favors the fair use claim. If the usage has a nega8ve effect on the copyright holder’s ability to market a product, the courts are very likely to deny a fair use claim. 9 Crea8ng materials for pos8ng online fails to meet several of these condi8ons for fair use. Classroom instruc8on means during the 8me frame of a par8cular course held during regular school hours. Using materials more than once favors the point that the items should be purchased because they have an ongoing value. Crea8ng materials for GTN is more akin to publishing than it is to classroom instruc8on, and is also out of the realm of non-­‐profit, as par8cipants are being paid for their work. 10 Ac8vi8es such as literary cri8cism and journalis8c exposes are given more scope by the courts in order ensure that copyright law is not used to s8fle the free expression of ideas. Journalists have, however, been fined when they have printed excerpts from a book that contain the most significant por8ons of the text, thus compromising sales. 11 You may recall that the purpose of copyright is to encourage crea8vity. As a result, the courts generally rule in favor of transforma8ve works that do not threaten the value of the original. Remember, however, that a company or individual may file a copyright viola8on ac8on against you regardless of whether their claim is valid. 12 Trademarks have a special status (U.S. Trademark & Patent Office) and are to be avoided at all cost. Companies pursue trademark infringement ruthlessly. There are numerous examples of small companies forced to change the company name because of dubious claims by larger companies. Companies have salaried legal staffs who have to jus8fy their posi8ons -­‐ small firms don’t have the resources to fight legal ac8on. (GalloLea pizza kit company sued by Gallo Winery, for example). 13 Courts some8mes rule that a EULA overrides your right to claim fair use, some8mes not. The EULA on some sites forbids linking – in that case it is advisable to request permission even though it is not a legal requirement. 14 Copyright informa8on is available in the Professional Zone of NC WiseOwl at www.ncwiseowl.org. Copyright guidelines for students are posted in each of the student sec8ons of Sec8ons are provided on copyright basics and on copyright-­‐friendly materials. In addi8on to an overview of fair use, there is a specific sec8on dealing with crea8ng online content. This sec8on includes a link to this Powerpoint and posted ques8ons and answers rela8ng to GTN issues. 17 The copyright-­‐friendly page provides links to resources that may be used without permission. Remember, most so-­‐called public domain resources have some type of license restric8ng use. For example, a^ribu8on may be required, or only non-­‐
commercial usage may be permi^ed. 18 If the public domain materials used do not require a^ribu8on, this should be noted so that it is clear that ethical standards are being adhered to. Copyright support is available by emailing me at the address included here. If a EULA applies to the materials it is the users responsibility to read the license – I will not read the license for you, but will help with interpreta8on if necessary. 19