I believe we are all teachers here and have been through the copyright professional developments. If you are anything like me you found it boring and stop paying attention after the first minute or two. I knew it was the wrong thing to do but there is so much to it. I also saw the fair use table in the copy room and never read it. I guess I am lucky that no one has ever checked on me.
Here is my understanding of copyright. There is a copyright on anything that is an original work, creative to a minimal degree and in a fixed or tangible form of expression. The copyright gives you the right to say how it is used. You can say how it is reproduced, distributed, make derivative works, public performance(tv and radio), and publicly display. If someone else decides to use your work they must have permission or pay royalties. The copyright lasts the life of the creator plus 7years.
There is no need to apply for a copyright anymore. As of 1978 any work created assumes these rights as soon as they reach tangible form. Before that year someone had to apply for a copyright. Also even if something does not say it is copyrighted you can assume that it is.
There is a difference between copyright, a patent and a trademark. They all do pretty much the same but apply to different things. A copyright applies to an original work of art or literature. A patent applies to something that is discovered or invented. A trademark is for words or a design that represents a company or product.
People are allowed to use these works of art if they follow the fair use policy. According to 10 Big Myths About Copyright, a copyright allows for commentary,parody, news reporting, research and education. Most teachers understand that if they just use a little portion of something then it is ok. There are 4 standards, according to Fair Use and Copyrights for Teachers, for determination of the fair use exemption. These are
1. Purpose of use: You can use small parts for specific educational use, especially if the copies are made spontaneously and used temporarily.
2. Nature of the work: Copying of paragraphs is ok but chapters are questionable.
3. Proportion/extent of the material used: Duplicating excerpts or segments that do not reflect the "essence" of the work.
4. The effect on marketability: It cannot create a reduction in sales.
I am not sure how I would approach this with students. The only thing that I found good for teaching was a video that I saw in my intro class last semester. It is a youtube video that explains copyright and fair use using small excerpts from Disney cartoons. The person explained they used Disney cartoons because that company has been known to sue for copyright quite often.
Great job on your blog. I think we all remember that video! Does every district have the fair use info posted near the copy machine? How many people never read it?
ReplyDeleteI am going to go to youtube and check out the video you were talking about. I did not know that a copyright lasts 7 years after someone dies. Thank you for the breakdown of use for teachers too. I am assuming it is applicable for corporate training as well? I am not sure I am going to have to research as that is what I will be doing. I think it is important to give create where create is due. I also feel that you should have the liberty to copy something you really like without having to wait 2 weeks for a response.
ReplyDeleteoops... credit where credit is due.... sorry for the typo :-)
ReplyDeleteThanks for the video. That would be great to show to students since Disney is something they can relate to. I guess my only question is how do you know which copyright works are under?
ReplyDeleteYa great video! That was so cute =)I think that would be fun to show younger students when teaching them about this topic!
ReplyDeleteFall asleep during a copuright lecture? never :)
ReplyDeleteI like the idea of using Disney and it doesn't really surprise me that they file lawsuits freq. based on copyright. I think certain companies go to great lengths to protect their name, as they should.
I found the same Disney flick and used it also. It will be a good one to explain copyright to the kids. Hopefully none of them have a seizure from the popping around on the videos.
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