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Fair Use & Copyright

Compliance

What is C opyright?
Copyright is a form of protection given to the authors
or creators of "original works of authorship
What that means is that, as the author of the work,
you alone have the right to do any of the following or
to let others do any of the following:
make copies of your work
distribute copies of your work
perform your work publicly
display your work publicly
(Teaching Copyright, n.d.), (Copyright Basics: Fair Use, 2008)

What is Protected by
Copyright?

Copyright protects "original works of authorship" that


are fixed in "a tangible form of expression."
literary works;
musical works;
dramatic works;
choreographic works;
pictorial, graphic, and sculptural works;
movies;
sound recordings; and
architectural works.

(Teaching Copyright, n.d.), (Copyright Basics: Fair Use, 2008)

What is Not Protected by


Copyright?
Ideas, procedures, methods, systems,
processes, concepts, principles, discoveries
Titles, names, short phrases, and slogans

Works consisting entirely of information that


is commonly available and contains no
originality
Works by the US government. (Copyright
Basics: Fair Use, 2008)

Fair Use
The "Fair Use" doctrine allows limited copying of
copyrighted works for educational and research purposes.
Courts must consider the following factors when
determining whether a particular use of a copyrighted
work is a permitted "Fair Use,":

the purpose and character of the use


the nature of the copyrighted work
the amount and substantiality of the portion used
the effect of the use on the market for the original

http://www.readwritethink.org/files/resources/lesson_ima
ges/lesson1062/checklist.pdf (International Literacy
Association, 2015)

If I have an idea in my head, is


it automatically copyrighted?
Nope.
Ideas are not copyrightable.
Only tangible forms of expression are
copyrightable.
Once you express your idea in a fixed form it
is automatically copyrighted if it is an original
work of authorship.

Video
https://youtu.be/CJn_jC4FNDo

Are There Exceptions?


As animal-made art,
this monkey selfie is ineligible
for copyright in the United
States

"Macaca nigra self-portrait full body" by Self-portrait by the depicted Macaca nigra female - Daily Mail. Licensed under Public Domain via
Commons - https://commons.wikimedia.org/wiki/File:Macaca_nigra_self-portrait_full_body.jpg#/media/File:Macaca_nigra_selfportrait_full_body.jpg

Monkey Business

Nature photographer David Slater


Celebes crested macaques
Who holds the copyright?
Non-human creator
US Copyright Office clarified its practices,
explicitly stating that works created by nonhumans are not subject to copyright
PETA
Wikimania 2014
(Monkey Selfie, 2015)

Plagiarism
Plagiarism is when you use someone else's
words or ideas and pass them off as your own.

To Avoid plagiarism:
You must give credit whenever you use
another persons idea, opinion, or theory
any facts, statistics, graphs, drawings that are
not common knowledge
another persons spoken or written words
paraphrase of another persons spoken or
written words
(Preventing Plagiarism When Writing, 2014)

Tips

Talk to your teacher- ask questions!


Plan your work- use an outline
Take good notes
Cite your sources
Practice paraphrasing

References
Teaching Copyright. (n.d.). Law and technology timeline. Retrieved from:
http://www.teachingcopyright.org/download/tc_law_and_technology_timeline.pdf
Hawkins, S. (2013, March 26). 12 most picture perfect ways to ensure youre legally using online photos. Retrieved from:
http://12most.com/2013/03/26/ensure-using-legally-online-photos/
Preventing Plagiarism When Writing. (2014). Retrieved from: http://www.plagiarism.org/plagiarism-101/prevention/
Vilella, N. (n.d.). An Elementary Teacher's Guide to Plagiarism. Retrieved from:
http://www2.mcdaniel.edu/slm/student/vilellan/plagiari.htm
Monkey selfie. (2015, December 13). In Wikipedia, The Free Encyclopedia. Retrieved from
https://en.wikipedia.org/w/index.php?title=Monkey_selfie&oldid=694689708
International Literacy Association. (2015). Exploring plagiarism, copyright, and paraphrasing. Retrieved from:
http://www.readwritethink.org/classroom-resources/lesson-plans/exploring-plagiarism-copyright-paraphrasing-1062.html
Teaching Copyright. (n.d.). Copyright frequently asked questions. Retrieved from:
http://www.teachingcopyright.org/handout/copyright-faq
Kids Health. (2015). What is plagiarism? Retrieved from: http://kidshealth.org/kid/feeling/school/plagiarism.html
Copyright Basics: Fair Use. (2008). Retrieved from: https://www.copyright.com/Services/copyrightoncampus/basics/fairuse.html

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