Know Your Copy Rights
Barbara DeFelice
Director, Digital Resources Program
DCAL Workshop
May 19, 2009
Anthony Helm
Director, Arts & Humanities Resource Center
What are Copy Rights, who owns them and
what can you do with copyrighted materials?
Fair Use Applied to Media Rich or Multi-Modal
Projects
Questions & Cases: using materials in student
projects, and research
Additional information and support
What questions do you
have about using audio,
video, graphics and text
in multi-modal student
assignments?
Copyright is Confusing!!!
Fair Use
Section 107
Creative commons
Copyright is a Bargain
"To promote the progress of science and useful arts, by securing for
limited times to authors and inventors the exclusive right to their
respective writings and discoveries."
U.S. Constitution Article I, Section 8, Clause 8
Copyright Law provides for a collection of rights that exist
upon creation of a work in a tangible medium, which can be
transferred or waived in whole or in part. These include:
Distribute the work: publish, give away, sell
Make copies, reformat, create derivative works
Perform, display, and broadcast publicly
Receive attribution
These exclusive rights are limited
by:
Time
Type of use
Type of material
Fair Use factors are very important
From Section 107 of the Copyright Law:
“The fair use of a copyrighted work,
including such use by reproduction in
copies or or by any other means specified
by that section, for purposes such as
criticism, comment,
teaching (including
for classroom use),
research, is not an
news reporting,
multiple copies
scholarship, or
infringement of
copyright. In determining whether the use
made of a work in any particular case is a
fair use the factors to be considered shall
include -…”
The Four Factors
Nature of the use
Nature of the work used
Extent of the use
Economic effect
The Four Factors
Nature of the work used
Nature of the use
Extent of the use
Economic effect
The Four Factors
Nature of the work used
Nature of the use
Extent of the use
Economic effect
The Four Factors
Nature of the work used
Nature of the use
Extent of the use
Economic effect
The Four Factors
Nature of the work used
Nature of the use
Extent of the use
Economic effect
How do the Fair Use factors apply
to multi-modal class assignments?
What are Best Practices in Applying
Fair Use to these assignments?
“Code of Best Practices in Fair
Use for Media Literacy Education”
1. Free use of Copyrighted Materials for
Analysis, Comparison/Contrast,
Historical/Social Context
Center for Social Media, “Code of Best
Practices in Fair Use for Media Literacy
Education.”
http://www.centerforsocialmedia.org/resour
ces/fair_use/
“Code of Best Practices in Fair
Use for Media Literacy Education”
4. Student Use of Copyrighted Materials in Their
Own Academic and Creative Work
“Code of Best Practices in Fair
Use for Media Literacy Education”
5. Developing Audiences for Student Work
“Best Practices in Fair Use for
Online Video”
1. Commenting on
copyrighted material
Center for Social Media, “Code of Best
Practices in Fair Use for Online Video.”
http://www.centerforsocialmedia.org/fair_us
e/C23/
“Best Practices in Fair Use for
Online Video”
2. Using for illustration or example
“Best Practices in Fair Use for
Online Video”
3. Incidental copying
of background
content
“Best Practices in Fair Use for
Online Video”
4. Memorializing or recording a personal
experience where the key event would be
copyrighted, like a concert
“Ben - GH3 - Through the Fire and Flames - 754K - 9 Years Old”
http://www.youtube.com/watch?v=KUzNcheoY6U
“Best Practices in Fair Use for
Online Video”
5. Posting for discussion
“Best Practices in Fair Use for
Online Video”
6. Remixing
Kutiman Remixes YouTube: “Kutiman-Thru-you - 01 - Mother of All Funk Chords”
http://www.youtube.com/watch?v=tprMEs-zfQA
Special considerations for
multi-modal projects:
•Showing inside classroom vs. outside
•Dartmouth YouTube channel as a place to
post materials
•YouTube and other video sites
•Poster used at a conference outside
College
YouTube User Submissions TOS
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting User Submissions to YouTube, you hereby grant
YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the
YouTube Website and YouTube's (and its successors' and affiliates') business,
including without limitation for promoting and redistributing part or all of the
YouTube Website (and derivative works thereof) in any media formats and
through any media channels. You also hereby grant each user of the
YouTube Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, display
and perform such User Submissions as permitted through the functionality of the
Website and under these Terms of Service. The above licenses granted by you
in User Videos terminate within a commercially reasonable time after you
remove or delete your User Videos from the YouTube Website. You understand
and agree, however, that YouTube may retain, but not display, distribute, or
perform, server copies of User Submissions that have been removed or deleted.
The above licenses granted by you in User Comments are perpetual and
irrevocable.
YouTube Terms of Service, http://www.youtube.com/t/terms (accessed May 19, 2009)
Some Cases for
Consideration
Case 1: Student needs to develop a presentation
about science fiction in literature and movies,
using clips from movies, text from literature,
commentary, cartoons, etc. for a particular
class. But the presentation is also perfect for the
55th International Conference on Science Fiction,
so the professor wants the student to use it at a
talk at this conference. The conference
organizers will host the presentations on their
website.
Potential Sources
Stakeholders
Considerations
Questions
Case 2: A student has chosen the
Vietnam War as her term paper topic
but since she wants to include oral
histories from her family members,
news report clips, movie clips, and
images, she would like to produce a
video for the final project. She has 4
weeks for this assignment. It’s very
good and she wants to put it on
YouTube.
Potential Sources
Stakeholders
Considerations
Questions
Case 3: This assignment draws upon our
understanding of originality, creativity,
copying, reuse, reproduction, the
ownership of ideas and other concepts.
Craft a poster in which you analyze the
composition of a creative work, pulling
apart its component pieces. You may
draw upon an advertisement, a song, a
short video, a video game, a painting, a
photo, or a sculpture.
Potential Sources
Stakeholders
Considerations
Questions
Additional References
Know Your Copy Rights
Web Site and Document
Download full document or sections
http://www.knowyourcopyrights.org/resourcesfac/kycrb
rochure.shtml
Covers:
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Fair Use
Licensed Resources
LINK when possible NOT download
Author retention of copy rights
Dartmouth Copyright
Ownership Policy
Dartmouth College Copyright Ownership policy
http://www.dartmouth.edu/~osp/resources/policies/dart
mouth/copyright.html
Scholarly and creative works of Dartmouth
faculty, students and staff are owned by the
author or creator with the exceptions detailed
here such as “Assigned Tasks”
Your Rights as an Author:
New Options and Evolving Policies
What are your rights as an author to your published work -- who actually
owns them, and how can you retain more of them?
The Dartmouth Authors Publication Amendment helps you retain some
rights and covers the NIH requirement:
http://www.dartmouth.edu/~library/schcomm/
These rights are summarized in “Managing Your Copyrights” in ACRL’s
Scholarly Communication Toolkit:
http://www.ala.org/ala/acrl/acrlissues/scholarlycomm/scholarlycommunicationt
oolkit/faculty/facultyauthorcontrol.cfm
Cornell University’s What Faculty Can Do outlines the 3 major options for
faculty interested in retaining rights, while granting the necessary rights
to a publisher:
http://www.library.cornell.edu/scholarlycomm/copyright/faculty.html
Dartmouth Guidelines for Online Use
of Course Materials
http://www.dartmouth.edu/copyright/online/
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Instructor-Authored Materials
Materials for which Dartmouth holds permission
Material Unprotected by the Copyright Act
Material made available under the “Online
Guidelines…”
Seeking Permission
Web Teaching at Dartmouth
http://www.dartmouth.edu/~webteach
Copyright and Web teaching: A look at copyright
policies and fair use guidelines in the context of a
Web-based classroom.
How to Stay Legal: Strategies for using materials
on your course Web sites without violating
copyright.
Help!
Dartmouth Copyright Policy & Guidelines
http://www.dartmouth.edu/copyright/
Copy Rights and Author Rights:
Barbara DeFelice, Eliz Kirk & Jennifer Taxman
webpage: http://www.dartmouth.edu/~libcoll/scholcomm.shtml
Guidelines for Online Use of Course Materials:
http://www.dartmouth.edu/copyright/online
Copyright Questions for the Library:
email: library-copyright-questions@dartmouth.edu
webpage:
https://www.dartmouth.edu/~library/schcomm/copyright/index.html
Photo Notes
All photos, except as noted below or on their respective slides, were made
available through the Stock Exchange at http://sxc.hu.
Metropolis photo is from the DVD Times website, at
http://www.dvdtimes.co.uk/content.php?contentid=5278
Race in films pictures are from Vic Holtreman, “Racial Backlash Over
Upcoming Film?” (March 9, 2008) http://screenrant.com/racial-backlash-overupcoming-film-vic-1396/
The “Metropolis” album cover is from the Progressive Music Blog, “Janelle
Monáe - Metropolis Suite I of IV: The Chase” (April 4, 2009)
http://musicalground.blogspot.com/2009/04/janelle-monae-metropolis-suite-iof-iv.html
KYCR: Mixed, Mashed & Blended Media powerpoint by
Barbara DeFelice and Anthony Helm is licensed under a
Creative Commons Attribution-Noncommercial-No
Derivative Works 3.0 United States License