Copy+Creatures

Copyright Information for Students and Teachers = = =**For Students:**=

//What is copyright?//
According to the United States Copyright Office, "Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of 'original works of authorship,' including literary, dramatic, musical, artistic, and certain other intellectual works." These laws control the use, copying, and distribution of original works.

It's important to remember that the purpose of copyright law is not to keep you from using works, but to allow you to use them. You simply need to be aware of the right and wrong way to use copyrighted materials.

//What is fair use?//
Fair use is the idea that the public has the right to use portions of original work for the purposes of commentary, criticism, or parody -- without paying or asking for permission. The rules around fair use are imprecise, but there are four guiding principles that can help you decide if your use is Fair Use: It is your job to determine whether or not a use is fair use. Don't just assume it is or it isn't. If there is material that you want to use, look at these four factors and determine if your use is fair. For some good examples of how to do this, check out the Wikimedia Commons where fair use justifications are given when copyrighted materials are used. For example, see this of the Red Sox logo on the Wikipedia page for the team.
 * Principle || Questions to Ask Yourself ||
 * 1. the purpose and character of your use || What are you making? What are you giving it to -- your teachers and classmates or will you be selling it on ebay (for example)? ||
 * 2. the nature of the copyrighted work || Is your project different than what the original artist made? Have you transformed it in some way? ||
 * 3. the amount and substantiality of the portion taken || Is it one photo or poem from a whole book? Or 10 photos from a collection of 10 ? Remember, there are no actual laws about the portion you take, but it is something to consider when trying to figure out if your use is fair use. ||
 * 4. the effect of the use upon the potential market || If you make this poster or brochure or movie trailer will you be impacting the sales of the original artist's work? Will your work cause the original artist to lose potential sales? ||

Fun Video Explanations:
Want more details? Watch [|A Fair(y) Use Tale]: a Disney parody explaining copyright use and fair use. Check out this Chipmunk video which gives an example of film making copyright questions. Or,[| YouTube Copyright School]: A more amusing introduction to copyright and fair use.

//What is plagiarism?//
According to the Council of Writing Program Administrators in its [|Defining and Avoiding Plagiarism: The WPA Statement on Best Practices] "plagiarism occurs when a writer deliberately uses someone else's language, ideas, or other original (not common knowledge) material without acknowledging its source." Because people who attempt to cite sources and do so incorrectly are not **deliberately** using another's material, they are guilty of the //misuse of sources// and **not** plagiarism. This is a distinction, the WPA goes on to state, that many sources fail to recognize.

Resources for Doing the 'Right Thing:
Now that you know about copyright, fair use, and plagiarism, how can you make sure your school projects don't violate copyright, respect the limits of fair use, and avoid plagiarism? Use the resources below.

//Resources for Multimedia Projects://
Free Music Archive (FMA): An interactive site of free music downloads. Find out more here.

Copyright Friendly Wikspaces: Copyright friendly images and sounds

Stock Footage for Free: Free resources for video footage

FreeDigitalPhotos.net: Just that -- free digital pics

Partners in Rhyme: Royalty free music and sound effects

[|Creative Commons]: When artists license work under a Creative Commons license, they are giving people more freedom to use their work. Creators keep the copyright, but allow people to use and distribute the work -- as long as they give the original artist credit. Artists can also decide if they want commercial users to be allowed to use their work, or if they want to limit use to nonprofits. If you go to the site, you can search for images, videos, and more that have been licensed in this way -- and you won't have to worry about violating copyright.

//Giving Credit//
Even if you get your resources from an open source site or with a Creative Commons license, you need to give credit to your sources -- even pictures! Lucky for you there are many online citation generators to help you to correctly cite your sources. Make sure to check with your teachers to find out what format (MLA, APA, etc.) they prefer.
 * [|EasyBib]: Citations are as easy as cutting and pasting a website or punching in a book's ISBN. Just be careful that EasyBib captures all the information that you need.
 * [|Son of Citation Machine]: Choose your format, your source type, and plug in the info for a perfectly cited source.
 * NoodleTools :Similar to the previous two sites. Noodle Tools is another resource for forming your Works Cited page.

//FAQ about Copyright and Fair Use://
A: It depends. Let's look at the four categories. 1. Purpose and character of your use: Is your purpose primarily educational or commercial (to make money)? One could argue that a school talent show is an educational endeavor. It could be explicitly educational, such as if it were part of a marketing or music class. Or it could be implicitly educational as the experience would teach students about leadership and performance. 2. The nature of the copyrighted work: Here we are talking about one song. The key question here, is the nature of use **transformative**. Are you going to "make the song your own" by style or arrangement? Perhaps you are going to turn the song into a satire a la Weird Al Yancovic. Transforming a work means you have a better case for fair use. 3. The amount of work taken: you are talking about taking the whole work here. Although there are no actual hard and fast rules about what percent of a song you can use, using the whole work does tend to lessen the strength of your argument for fair use. Perhaps you could consider creating a medley of songs by the band or artist. 4. The effect on the potential market: Is your performance of "All the Single Ladies" going to keep money from going into Beyonce's pocket? Doubtful. You could even argue that by promoting the song, you are getting people excited about it, and could actually increase sales. So, if you can claim with a straight face that your use is educational and transformative, then you could be safe in your performance of the song. That said, in recent years ASCAP and other licensing organizations have been going after performers who do cover songs in coffee shops and bars. They are requiring that the venues purchase a performance license. Be prepared to justify your choice.
 * Q: For the school talent show, I want to perform a song by my favorite band. Admission will be charged. Is this okay?**

A: According to the Fair Use Provision of the Copyright Act the answer is a hearty "YES"! While showing the movie to the school and charging admission would be an infringement of copyright, using a short clip of a copyrighted work that "transforms" it into to something different than its original purpose is perfectly acceptable.
 * Q: I want to use a clip from a movie to show symbolism for a project I have -- is it okay?**

A: Ask yourself these questions. What was the original photo's purpose? How are you planning to use it? Are you transforming the work in some way? How much of the original work are you using? For example you're making a brochure on PTSD in war veterans and the original photo appeared in a web site on key battles of the war. Who is your audience? Is it different from the original audience? As long as this is a classroom project- not for resale or larger distribution-and you are creating your own new product you should be okay. (Bill Graham Archives v. Dorling Kindersley US Court of Appeals for the Second Circuit decision) Don't forget, though, that you must cite images just like you must cite information. Images from Creative Commons very clearly note who to give credit to for a particular image.
 * Q: I have an assignment for English class to make a visual (maybe a brochure or Powerpoint) about some research I did on the Vietnam War. What pictures from the web can I use?**

A: Your use should be transformative. As [|The Code of Best Practices in Fair Use For Media Literacy Education] says, "students may use copyrighted music for a variety of purposes, but cannot rely on fair use when their goal is simple to establish a mood or convey an emotional tone, or when they employ a popular songs simply to exploit their appeal and popularity." Basically, if you're using a song as a mood enhancer, then you're letting someone else do some of your work for you, rather than building on their work to create something new. You could use music from one of the resources listed above, but why not try writing your own music?
 * Q: I've created a slideshow and want to use a popular song for the background. Can I do that?**

=**For Teachers:**=
 * [|U.S. Copyright Office:] A good place to start; copyright laws are explained in detail.
 * [|A Teacher's Guide to Fair Use and Copyright]Here the laws are explained for teachers in a more accessible way. It is easy to understand and made specifically for teachers. This site includes a [|Fair Use Chart] that outlines fair use for teachers. Teachers should be advised that this chart shows guidelines, but not hard and fast rules. Teachers, like students, need to make their own fair use judgements and justfications.
 * [|Stanford Fair Use and Copyright Center]: Wondering if you can show that program you recorded of the TV last night? Not sure if you've taken too much of an article to share with your colleagues? This is the place to go for answers to all of your copyright and fair use questions.
 * Copyright Resource Ceter is an access point to get permission to use certain works, or the site directs you to the publisher to contact. There is a useful video explaining the four guiding principles here also.
 * [|Code of Best Practices for Fair Use in Media Literacy Education.] This offers a more liberal interpretation of copyright laws than the traditional interpretations. Another good video on this site; perhaps this whole issue of fair use in media would make a good professional development workshop for a school's staff? See also the Copyright Confusion Wiki.
 * [|YouTube Copyright Education]
 * [|Yes, You Can Use Copyrighted Materials>]

=Our Resources:=

Works Cited

"Copyright Law of the United States." //U.S. Copyright Office//. Web. 25 Oct. 2011. .

Council of Writing Program Administrators. "Defining and Avoiding Plagiarism: The WPA Statement on Best Practices." Web. 25 Oct. 2011. 

Hobbs, Renee. “Yes, You Can Use Copyrighted Materials!” Slide Share. N.p., n.d. Web. 24 Oct. 2011.  reneehobbs/​yes-you-can-use-copyrighted-materials>.

 School of Communications American University. “Code of Best Practices in Fair Use for Media Literacy Education.” AUSOC Center for Social Media. American University, n.d. Web. 24 Oct. 2011. .

 School of Communications and Theater Temple University. “Copyright.” Media Education Lab. Temple University, 2009. Web. 24 Oct. 2011. .

Center for Social Media, School of Communication, American University http://www.centerforsocialmedia.org/fair-use Media Education Lab, School of Communications and Theater, Temple University, http://www.mediaeducationlab.com/