What is Public Domain?

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EDT 3470
Education Technology
Copyright, Fair
Use, & Public
Domain
Your contact in the library:
Brad Dennis, Associate Professor,
Education Librarian
Education Library, 2800 Sangren Hall
Reference Desk:
Voice Mail:
269-387-5225
269-387-1581
E-Mail: brad.dennis@wmich.edu
What is copyright?

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Definition: Protection given to any "original
works of authorship” or creative work from
being copied or distributed without permission.
All creative works are immediately given
copyright to the creator when the original work
is created. Copyright applies both to traditional
media (books, images, etc.) and to digital media
(electronic journals, Web sites, etc.).
The Copyright Law of the United States is
contained in Title 17 of the United States Code
(17 U.S.C.).
Question:

Copying elements of someone’s
website without permission is a
violation of copyright.
A. True
 B. False

Copyright protects the following
eight categories of works
1.
2.
3.
4.
5.
6.
7.
8.
literary works
musical works
dramatic works
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works
Question:




Punishment for violation of copyright can
be:
A. A crime including jail time or fines and
fees.
B. A civil suit in which the defendant is
sued and has to pay the plaintiff money
C. Both
What is Public Domain?
Definition: A public domain work is a creative work that no
longer has copyright restrictions because the creator willingly
relinquished their copyright or because the creator is dead
AND no one owns the copyright.
Works are in the public domain if:
(1) the term of copyright for the work has expired
(2) the author failed to satisfy statutory formalities to protect
the copyright or
(3) it is a work of the U.S. Government.
Question:

Using images or video taken by NASA
without permission is a violation of
copyright.
A. True
 B. False

What is Creative Commons?
Definition: Creative works that are copyrighted but
the creator has put provisions on their use. A
creative commons license might stipulate, for
example, that a work can be used as long as it
isn’t modified in any way.
The CC licenses all grant the "baseline rights",
such as the right to distribute the copyrighted
work worldwide for non-commercial purposes,
and without modification.
What is Fair Use?
Fair use provisions of the US Copyright Law (Title
17, section 107) allow for limited distribution of
published works without the author's permission
with proper citation, for a scholarly or
educational project.
Definition: Legal right to use copyrighted works as
long as the work is used for non-profit
educational, research, or personal use.
Guidelines were developed by a group of
educational users and copyright owners that
interpreted the Copyright Act.
Students may:

Incorporate portions of lawfully acquired
copyrighted works when producing their
own educational multimedia projects for a
specific course


Perform and display their own projects in
the course for which they were created
Retain projects in their own portfolios as
examples of their academic work for later
personal uses such as job and school
interviews.
Question:

You can keep your multimedia project
in I-Webfolio and use it as an
example of your work during a job
interview without violating copyright.
A. True
 B. False

Copyright and Fair Use Guidelines for Teachers.
Chart by Hall Davidson
Circular 21 of the U.S. Copyright Office
Illustrations and
Photographs:

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
A photograph or illustration may be used
in its entirety.
No more than 5 images by an artist
or photographer.
Not more than 10% or 15 images,
whichever is less, from a single published
collected work.
Music, Lyrics, and Music
Video



Motion Media Up to 10% or 3 minutes,
whichever is less, of a single copyrighted
motion media work.
Up to 10% of a single musical work
No more than 30 seconds of music and
lyrics from a single musical work
Attribution &
Acknowledgement

Credit the sources and display the copyright
notice © and copyright ownership information
for all incorporated works including those
prepared under fair use. This must appear on
the screen with the image used.
Copyright ownership information includes:
 © (the copyright notice)
 year of first publication
 name of the copyright holder
 Example: © 2014 Company/Person’s Name
Question:

If it does not have a copyright notice,
it is not copyrighted.
A. True
 B. False

Getting Permission

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Ask the rights owner for permission. If the owner says
no, it means no. If you can't reach the owner, treat it as
no.
If permission is obtained to use a work, then the agreedupon use is acceptable. There are several avenues for
getting permission to use copyrighted works. Following
are links to two options:
Copyright Clearance Center
http://www.copyright.com/
United States Copyright Office
http://www.copyright.gov/records/ (For records from
1978-present)
Circular 22, "How to Investigate the Copyright Status of
a Work," from the United States Copyright Office offers
guidance for obtaining permission.
Where can I find multi-media at WMU?
Select Libraries and Collections
Then select Images and Slides
www.wmich.edu/library
Where can I find multi-media at WMU?
Select Images and Slides
Images and Videos Page
Note tab
For Images
& Videos
ArtStor – High quality
professional images
ArtStor – Search Page
ArtStor Results
CAMIO – Art museum images
CAMIO – Results list
WMU Image Catalog
Question:




A photographer created a photographic image of
the Las Vegas Strip. Another company scanned
the image and used six buildings (only 15%)
from the original to create a poster and then
sold the poster commercially.
A. Fair Use
B. Violation of copyright
Tiffany Design vs. Reno-Tahoe Specialty, inc.,
1999
Images and Videos Page
Note tab
For Images
& Videos
Films on Demand
Individual Title With Embedded Link
Question:

If I personally purchased the video I
can use it in class with my students.
A. True
 B. False

Audio Sources



Freeplay Music
Free music that can be downloaded.
Free Sound Effects Archive
The largest collection of sound effects on the
Internet (according to them) including nearly
2,000 sound effects
Internet Archive
Over two hundred thousand free audio and MP3
library digital recordings
Sound Effects Archive
Other Image Sources

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Public Domain / Copyright Free Media
This page provides links to some of the better copyrightfree and public domain resources. It is intended for
educators and librarians who wish to locate quality,
copyright-friendly materials for educational,
noncommercial, and nonprofit projects.
Google Image Search
Offers simple and advanced search options. Supports
Boolean and phrase searching. Can limit by size, file
type, color or Web domain, and filter for adult material
in different levels of strictness. Can search within results.
Picsearch
It automatically excludes adult materials. Can limit by
color and picture size. It supports Boolean and phrase
search
Other Video Sources
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http://www.open-video.org/
The purpose of the Open Video Project is to collect and
make available a repository of digitized video content for
the digital video, multimedia retrieval, digital library, and
other research communities.
http://www.youtube.com
YouTube is a place for people to engage in new ways
with video by sharing, commenting on, and viewing
videos. YouTube originally started as a personal video
sharing service, and has grown into an entertainment
destination with people watching more than 70 million
videos on the site daily.
http://video.yahoo.com
Much like YouTube, it is a place where people share
videos with one another.
More Information
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Copyright and Fair Use Guidelines for Teachers.
Chart by Hall Davidson
Can I Use That Picture Chart by Curtis Newbold,
The Visual Communication Guy
When U.S. Works Pass Into The Public Domain.
Chart by Lolly Gasaway
Copyright Law of the United States of America
and Related Laws Contained in Title 17 of the
United States Code, Circular 92 U.S. Copyright
Office
Reproduction of Copyrighted Works by Educators
and Librarians, Circular 21. U.S. Copyright Office
Question:

What is the easiest way to avoid
copyright violations using images,
sound, or video.
A. Use items that are in the public
domain
 B. Use my own images or recordings
 C. Both

*Today’s lecture was:
A.
Interesting and relevant
B.
Just interesting
C.
Just relevant
D.
Uninteresting and irrelevant
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