Michelle C Need to Know: Copyright, Fair Use & Public Domain

Did You Know...

that just because you find information, images, music or videos online it doesn't mean you can use them in your own creations?

Copyright, Fair Use and Public Domain

• ^{Copyright is the exclusive legal right, given to an originator or creator to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.}

• ^{Fair use allows you reasonable and limited use of copyrighted material so as not to infringe on someone else's copyrighted work.}

• ^{Public Domain refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws.}

Copyright 

Works that can be protected under copyright law include:

Architectural drawings, plans, and buildings, sound recordings, any audiovisual work, including motion pictures, graphic, pictorial, and sculptural works, choreographic works and pantomimes, and any dramatic work and its accompanying music. In other words copyright protects an author's written creative work.

Fair Use

An example of fair use is when newspaper writers quote several sentences from a copyright protected document to tell the story.

Another example is when a university professor quotes several sentences from a copyright protected book in a review of the book, or in a research report.

Public Domain

Examples of works in the public domain are titles of books or movies, short phrases and slogans, lettering or coloring, news, history, facts or ideas. However, a description of an idea in text or images may be protected by copyright.

Multiple Choice

Copyright law protects

• all written creative works.

• all original thoughts and ideas.

• only creative works that have copyright symbols.

Multiple Choice

Copyright laws protect the rights of

• the U.S. government.

• the authors of creative works.

• manufacturers of copy machines.

Multiple Choice

Because of copyright, a work can only be copied if

• you don't plan to make money from the copy.

• you give credit to the creator.

• the creator has given you permission.

Multiple Choice

A creator's copyright lasts

• forever.

• 50-70 years after they die.

• until their death.

Multiple Choice

When the copyright protection has ended the work ___________.

• becomes public domain.

• becomes the property of the government.

• is no longer free.

Open Ended

Give 2 examples of fair use.

Four Factors For Determining Fair Use

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes: the noncommercial educational use is more likely to be a fair use;

• the nature of the copyrighted work: the more factual and less creative the work, the more likely it will be fair use;

• the amount and substantiality of the portion used in relation to the copyrighted work as a whole: the more taken the less likely to be fair use;

• the effect of the use upon the potential market for or value of the copyrighted work: in other words, is the use taking away from the copyright owner money that the she might have been making from the work.

Open Ended

Briefly explain the four factors of fair use in your own words.

Open Ended

Open a new tab and search for: a Christmas song in the public domain. List 3 songs you find.

Open Ended

Open a new tab and search for: Christmas songs not in the public domain. List 3 songs you find.

Don't Claim It If You Don't Own It!

Remember, just because you have access to written work, songs, videos, or images, does not mean you can use it freely. Know the rules!