The US Constitution gives Congress the power to enact copyright laws to promote science and the arts. Copyright provides exclusive rights to authors and creators for limited times, including the rights to reproduce, distribute, create derivative works, and publicly perform or display their original works. Copyright protects original works fixed in a tangible form, including literature, music, art, films, software and more. Works enter the public domain when copyright expires, usually 70 years after the creator's death. Fair use and educational guidelines allow limited use of copyrighted works without permission.
1. The Congress shall have Power To…promote the
Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the
exclusive Right to their respective Writings and
Discoveries.
-US Constitution, Article 1, Section 81
2. Copyright is a form of legal protection
automatically provided to the author/creator
or owner of an original creative work
US Copyright law gives the
author/creator/owner exclusive rights to:
Reproduce or distribute the original work to the public
Create new works based on the original
Perform or display the work publicly
3. Literary works
Music and lyrics
Dramatic works and music
Choreographic works
Photos, graphics, paintings, sculptural works
Motion pictures and other audiovisual works
Video game software and computer software
Audio recordings
Architectural works
** ideas are not copyrighted unless they are in a
tangible form **
4. Original works, created after 1977 –
Life of the author/creator + 70 yrs after death
(passed on to heirs)
Corporate works and anonymous works
created after 1977 –
95-120 years from publication
5. First Sale – allows a consumer to resell
copyrighted materials such as a book or CD
Public Domain – works can be freely used by
anyone; unrestricted access; these may be
designated for free or may no longer be covered
under copyright status
Licensing – copyright owner may give explicit
permission for someone to use material
normally restricted
Creative commons license – creators WANT to give
permission of use
6. Public Domain works are not restricted by
copyright
3 Main categories of Public Domain works:
1. works that automatically enter the public
domain upon creation because they are not
copyrightable
2. works that have been assigned to the public
domain by their creators
3. works that have entered the public domain
because the copyright on them has expired.
7. Smithsonian Institution Public Domain
Images
New York Times Public Domain Archives
Project Gutenberg
Librivox
Prelinger Archives
8. Fair Use allows the public to use portions of
the copyrighted work without permission
from copyright owner.
9. Four Factors:
1. Purpose and character of second use – is it simply a
copy or are you doing something different with the
original
2. The nature of the original – was the original work
creative or primarily informational?
3. Amount used: how much of the original work was
used, and was that amount necessary?
4. Effect: Did the use harm the market for the original
work? For example: would people buy this work
instead of the original?
11. Student use:
Students may perform and display their own
educational multimedia projects that incorporate
portions of LAWFULLY acquired copyrighted
works for educational uses in the course for which
they were created
12. They are subject to the following
limitations:
1. Time limitations: students may use their
multimedia presentation to add to a portfolio as
examples of their academic work for later
personal uses such as job and college interviews.
13. Motion Media – Up to 10% or 3 minutes of the
total amount of copyrighted material from a
single copyrighted work.
Text Material – Up to 10% or 1,000 words
Music, Lyrics, and Music Video – Up to
10%, but in no event more than 30 seconds
Illustrations and Photographs- no more than
5 images by an artist or photographer
14. There may be no more than 2 use copies
In the case of a collaborative assignment,
each creator may retain ONE copy
15. Caution in downloading material from the
internet – there is a mix of works protected
by copyright and those in the public domain.
!! Access to works on the Internet does not
automatically mean these can be reproduced
and reused without permission or royalty
payments!!
17. Educational Multimedia Fair Use Guidelines
Development Committee. (1996). Fair Use
Guidelines for Educational Multimedia.
Retrieved from
http://www.utsystem.edu/OGC/IntellectualPr
operty.ccmcguid.htm on October 18, 2010.
Simpson, Carol. (2005).Copyright for Schools:
A Practical Guide, Fourth Edition.
Worthington: Linworth Books.
Notes de l'éditeur
1790, Congress passed the first US Copyright Act which gave authors an exclusive copyright for a 14 yr term with the possibility to renew for another 14 years.
Not copyrightable: titles, names, short phrases and slogans, familiar symbols, numbersIdeas and facts (such as the date of the Gettysburg address)Processes and systemsGovernment works and documents – prepared by an officer or employee of the US government as part of that person’s official duties. Unless contract work done on behalf of the US govt.
Project Gutenberg – electronic booksLibrivox - audio booksPrelinger Archives – advertising, educational, industrial, and amateur films
Transformative quality: is the new work the same as the copyrighted work or have you transformed the original work, using it in a new and different way?Commercial or noncommercial – will you make money from the new work, or is it inteded for nonprofit, educational, or personal purposes?2. Nature of copyrighted work – more likely to be considered fair use when the copied work is factual rather than creative.3. Amount used: copying nearly all of the original work or the “heart of the work” weighs against fair use
These limits are cumulative to each student’s multimedia project for the same academic semesterText Material – an entire poem of less than 250 words may be used but no more than three poems by one poet or five poems by different poets from any anthologyMusic – any alterations to a musical work shall not change the basic melody or the fundamental character of the work