Copyright and Fair Use
Copyrights grant the creator of original work exclusive rights to receive compensation for their intellectual effort. These exclusive rights are: 1. Reproduce the copyrighted work; 2) Prepare derivative works based upon the work; 3) Distribute copies of the work to the public; 4) Transfer Ownership; 5) Perform the copyrighted work publicly; and 6) Display the copyrighted work publicly. Over the years the copyright law has gone through many iterations. Copyrights use to last for 14 years for the holder to make money from their work and then it was entered into the public domain, which is free for anyone to use. Copyrights now last a lifetime plus 70 years. The three things I’ve learned about copyrights are as follows.
First, I learned about the four factors for fair use. Fair use in education means you can use materials without asking for permission or paying for them. Educators still need to follow these guidelines to avoid copyright infringement.
Secondly, I learned how an innocent family event on a YouTube posting that included music could lead to trouble from the copyright holder. In the YouTube video, “Do Copyright Laws Stifle Creativity? ” Lawrence Lessig showed a YouTube video of a mother who posted a cute iPhone video of her child dancing to some music and then shared it on YouTube. The copyright owner contacted YouTube and said the video infringed on their copyright by using the music and demanded it be taken down.
In my own experience of receiving an infringement notice from YouTube I was able to keep my video on YouTube because I was the copyright holder. My former employer contacted YouTube stating that I was infringing on their copyrighted published video by displaying my video on YouTube. I replied to YouTube stating that although my video was included in that published video I did not give up my rights to my portion of the published video. I was not compensated for my video that I recorded on my own time and I solely hold the copyright to my part of the video that is on YouTube. They said that I could continue to play my video on YouTube because I hold the copyright to my portion of the published video.
Thirdly, I learned about the TEACH Act (Technology Education and Copyright Harmonization) and it’s the instructor’s responsibility to adhere to the requirements for the TEACH exception. Only the students officially enrolled in the class may have access to the materials and they are only available to the students during the class. Also, preventative measures must be implemented so students don’t redistribute the course materials.
The two questions I have are concerning the right to reproduction and the right to distribution.
1) How much transformation is required to claim a creative work as new? For example, creating a mashup recording or adding a mix of sounds in personal videos. The reproduction right states that, “It is not necessary that the entire original work be copied for an infringement of the reproduction right to occur. All that is necessary is that the copying be "substantial and material.“
2) Does the distribution right mean that once I buy a $.99 song off of iTunes I can use it and add it to a video I post to YouTube without permission or penalty? According to the distribution right it is limited by the “first sale doctrine.” The copyright holder controls the first distribution of a particular authorized copy but after the first sale or distribution of a copy, the copyright holder can no longer control what happens to that copy.
The most important thing about copyright laws in the education is staying within the guidelines of fair use. Supreme Court Justice Sandra Day O’Connor stated that, “The primary objective of copyright is not to reward the labor of authors but to promote the Progress of Science and useful Arts.” As instructors we are in the business of education. We need to use our common sense when using copyrighted materials and use them for advancing the knowledge of our students.
First, I learned about the four factors for fair use. Fair use in education means you can use materials without asking for permission or paying for them. Educators still need to follow these guidelines to avoid copyright infringement.
- Purpose and character of the use. In the field of Education it is all right to use copyrighted materials if it’s for the sole purpose of enriching the learning experience.
- Nature of the work. If the materials were intended as a sale item to the school it would not qualify for fair use.
- Amount and substance of the work. For example, one chart, picture, diagram or cartoon per book or per periodical issue may be used without permission. Also, as listed on the Copyright Chart for Teachers, Students “may use portions of lawfully acquired copyright works in their academic multimedia,” defined as 10 percent or three minutes (whichever is less) of “motion media.”
- Effect of the use on the market. Don’t use the materials negatively that would harm the copyright holder and affect the market value of the material.
Secondly, I learned how an innocent family event on a YouTube posting that included music could lead to trouble from the copyright holder. In the YouTube video, “Do Copyright Laws Stifle Creativity? ” Lawrence Lessig showed a YouTube video of a mother who posted a cute iPhone video of her child dancing to some music and then shared it on YouTube. The copyright owner contacted YouTube and said the video infringed on their copyright by using the music and demanded it be taken down.
In my own experience of receiving an infringement notice from YouTube I was able to keep my video on YouTube because I was the copyright holder. My former employer contacted YouTube stating that I was infringing on their copyrighted published video by displaying my video on YouTube. I replied to YouTube stating that although my video was included in that published video I did not give up my rights to my portion of the published video. I was not compensated for my video that I recorded on my own time and I solely hold the copyright to my part of the video that is on YouTube. They said that I could continue to play my video on YouTube because I hold the copyright to my portion of the published video.
Thirdly, I learned about the TEACH Act (Technology Education and Copyright Harmonization) and it’s the instructor’s responsibility to adhere to the requirements for the TEACH exception. Only the students officially enrolled in the class may have access to the materials and they are only available to the students during the class. Also, preventative measures must be implemented so students don’t redistribute the course materials.
The two questions I have are concerning the right to reproduction and the right to distribution.
1) How much transformation is required to claim a creative work as new? For example, creating a mashup recording or adding a mix of sounds in personal videos. The reproduction right states that, “It is not necessary that the entire original work be copied for an infringement of the reproduction right to occur. All that is necessary is that the copying be "substantial and material.“
2) Does the distribution right mean that once I buy a $.99 song off of iTunes I can use it and add it to a video I post to YouTube without permission or penalty? According to the distribution right it is limited by the “first sale doctrine.” The copyright holder controls the first distribution of a particular authorized copy but after the first sale or distribution of a copy, the copyright holder can no longer control what happens to that copy.
The most important thing about copyright laws in the education is staying within the guidelines of fair use. Supreme Court Justice Sandra Day O’Connor stated that, “The primary objective of copyright is not to reward the labor of authors but to promote the Progress of Science and useful Arts.” As instructors we are in the business of education. We need to use our common sense when using copyrighted materials and use them for advancing the knowledge of our students.