The Public Domain

Not all items are protected by copyright, some items are in the public domain. The public domain refers to work that belongs to the public as a whole. This means government documents and works, as well as works with an expired copyright or no existing copyright protection (Newsome, 2000). Copyright laws have changed several times over the years, mostly extending the copyright. Copyright protection now starts from the creation of the work until 70 years after the authors/ artists death. The law was changed in 1978, where the copyright lasted for only 28 years before being renewed for another 28 years if Liled with the Copyright OfLice. Earlier copyrights were extended by other laws and most works will not be part of the public domain unless it was Lirst published prior to 1923 (Copyright basics, 2007).

Check out these resources for more information

Langwitches blog: This links you to an entry that deals with Creative Commons materials http://tinyurl.com/32zlwgt Creative Commons search: http://search.creativecommons.org Teachers Guide to Fair Use and Copyright: http://tinyurl.com/2atc45 Copyrightfriendly: A wiki with links to resources that are copyright-friendly. Focus is on images and sounds to use in media projects, web pages, blogs, etc... http://copyrightfriendly.wikispaces.com The Connected Classroom wiki, copyright page: This wiki page is full of resources (videos, presentations) on copyright and fair use for educators http://tinyurl.com/3xta46n

RESOURCES

COPYRIGHT
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A GUIDE FOR TEACHERS (AND STUDENTS) TO AVOID BREAKING COPYRIGHT LAWS

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Works Cited
Copyright and fair use in the classroom, on the internet, and the world wide web. (2010). Retrieved November 10, 2010 from University of Maryland University College, Information and Library Services - UMUC: http://www.umuc.edu/library/ copy.shtml. Copyright basics. (2007). Retrieved November 10, 2010 from The Copyright Society of the U.S.A., Copyright Kids!: http:// www.copyrightkids.org/cbasicsframes.htm. Classroom guidelines. (2006). Retrieved November 10, 2010 from University of Minnesota, University of Minnesota - Copyright Initiatives: http://www.lib.umn.edu/copyright/ classguide.phtml. Newsome, C. (2000). A teacher's guide to fair use and copyright. Retrieved November 10, 2010 from Fair use and copyright for teachers: http://home.earthlink.net/~cnew/research.htm. Working with fair use. (2005). Retrieved November 10, 2010 from University of Minnesota, University of Minnesota Copyright Initiatives: http://www.lib.umn.edu/copyright/ fairuse.phtml.

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Inside you learn about: How to follow copyright laws, but still make copies of print sources for your classes. How to allow your students to use media clips, images, and music in their projects without violating copyright laws.

Fair Use is NOT an exact science, but it does provide a set of guidelines that you should look at to determine whether or not using copyrighted material will fall under fair use, or if copying/using the material breaks the law (Copyright and fair use, 2010). Four factors to consider when determining fair use: 1 - The purpose and character of the use Copying something that is being used for nonproLit, educational, or personal uses are considered fair use in most cases. However, just because something is for educational use does not automatically mean fair use applies. 2 - The nature of the copyrighted work Work that is published and factual in nature are more likely to fall under fair use. Works that are more imaginative, artistic, creative, or unpublished, are less likely to fall under fair use. Workbooks and standardized tests, that are not consumable products made to be reproduced, are not likely to be considered usable under the rule of fair use. 3 - Amount and substantiality of the portion used While the rules of how much to use of a work are unclear, under the fair use guidelines it is likely that the use of a whole work is not going to be considered fair use. 4 - Effect on the potential market for or value of the work If copying the work for use will in effect harm the sales of the work for the copyright owner, it is less likely to fall under the category of fair use. (Working, 2005)

Fair Use Dened

MULTIMEDIA USE FOR STUDENT PROJECTS

Many of us incorporate projects that ask students to create movies or that include students utilizing other multimedia resources. Fair use grants that students may incorporate portions of copyrighted materials into a project they are producing for a speciLic course. However, there are guidelines that need to be followed: Movie/TV/Video: Students can include up to one percent of the total or three minutes, whichever is less, into their movie projects, given that it is being used to help them get across their message, not just to show the clip without purpose. Music, lyrics, and music video: Students can use up to 10 percent of the work, but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations/photographs: No more than Live images from one artist of photographer and no more than 10% or 15 images, whichever is less, from a collection. Remember that all media used must be cited

WHAT COUNTS AS FAIR USE?

Please note that whenever you copy a work that is protected by copyright, citing fair use, you need to cite their source. Some examples of what serves as fair use for educational purposes include: (Copyright and fair use, 2010) poetry - multiple copies of a poem of 250 words or less an article from a newspaper or periodical a short story, essay , or poem a chapter from a book a chart, graph, diagram, drawing, cartoon or picture from a book, periodical, newspaper illustrations - multiple copies of a chart, graph, etc. contained in a book or periodical prose - multiple copies of an article, story, or essay that are 2500 words or less or excerpts up to 1000 words or 10% of the total work, whichever is less.

WHAT TO AVOID
You should avoid making copies of a work that serve to replace the purchasing of the book or periodical for student use and copying the same work each semester or each year. In other words, if this is something you are using regularly you should purchase it for the class instead of copying it (Copyright and fair use, 2010). Follow the rules of brevity and spontaneity to qualify for fair use. Brevity is, as described above, not using the entire work, but rather only a percentage of the work is being copied. Spontaneity is deLined as copying at the instance and inspiration of the teacher. In other words there was no time to ask for permission and if it is to be used in future years permission will need to be sought or the item purchased (Classroom guidelines, 2006).

(Copyright and fair use, 2010)