Blog #6
Copyright is defined as "a form of protection provided by the laws of the United States to the authors of 'original works of authorship', including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works." (No Author, 2008). However, copyright laws do not extend to facts and ideas (Newsome, 2007). Presently, a copyrighted work does not have require, under U.S. law, to show notice of copyright, but it is beneficial. With older works, since the law did require it, works prior to 1989 required notice.
According to the article by Cathy Newsome, copyright law covers seven broad categories:
- literary works - both fiction and nonfiction, including books, periodicals, manuscripts, computer programs, manuals, phonorecords, film, audiotapes, and computer disks.
- musical works - and accompanying words - songs, operas, and musical plays
- dramatic works - including music - plays and dramatic readings
- pantomimed and choreographed works
- pictorial, graphics, and sculptural works - final and applied arts, photographs, prints, and art reproductions, maps, globes, charts, technical drawings, diagrams, and models
- motion picturs and audiovisual works - slide/tape, multimedia presentations, filmstrips, films, and videos
- sound recordings and records - tapes, cassettes, and computer disks
Fair use is what allows teachers to use copyrighted materials for educational uses such as criticism, comment, news reporting, teaching, scholarship, and research.
The four standards for determination of the fair use exemption are:
- 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: 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.
- The 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. (Newsome, 2008).
It is important for teachers to teach students about copyright and fair use. The only thing I was taught prior to college was not to copy an entire paper. I was not aware that music and videos were also copyrighted.
For example, the Disney company is one such example. After watching many a Disney movies during my schooling, I was shocked to find out that teachers were committing a crime against Copyright and Fair Use Law by showing us these movies. For an interactive activity for students to learn about copyright and fair use,
Click here. The activity is done in question/answer format, videos, timelines, etc. in terms that even younger students can understand and is a great starting step for teaching students.
Charts are very helpful to identify what is copyrighted and what is fair use in the classroom. Below are two charts that will prove to be very helpful to teachers and as handouts for students.
A very useful chart for identifying copyright and fair use can be found by
clicking here.
Another copyright and fair use chart can be found
here.
Until next time,
Mac vs. PC
- Lauren
References:
Newsome, Cathy. (2007). A Teacher's Guide to Fair Use and Copyright. Retrieved from http://home.earthlink.net/~cnew/research.htm#Introduction
No Author. (2008). Copyright Basics. United States Copyright Office. Retrieved from http://www.copyright.gov/circs/circ1.pdf
Images found through Google Image Search.