When writing reports, presenting information, or creating multimedia, teachers and students often reference, remix, or recreate the work of others. Before simply jumping in and using any work you please, it is important to remember that when using work that is not your own, you are obligated to follow copyright law. For example, when students reference or directly quote others' work in research papers or presentations, they must use proper citations. When teachers use images or video in a Canvas course, in lessons, or on classroom walls, they must ensure they have permission to use them and that they give credit to the creators of the works they use.
Copyright
Let's start by understanding what copyright is:
Copyright is "the legal right to be the only one to reproduce, publish, and sell a book, musical recording, etc., for a certain period of time" (merriam-webster.comLinks to an external site.). Did you know that the rights to every photo ever created are automatically owned by the photographer without them having to file a single form? Most popular songs, movies, and stories are also copyrighted. This definitely affects what you can and cannot use for your own purposes.
"What about YouTube?" you may be wondering. It seems like anyone can post anything they want to YouTube without worrying about whether or not it is copyrighted. Not true! Check out this page that explain YouTube's copyright policy: YouTube Copyright Links to an external site.
.
Fair Use
Based on what we have learned so far, it seems like everything is locked down under copyright and nothing is available for us to use. There are a few ways to get around copyright and still use the content we would like to:
1. Get Permission
You can always attempt to get permission to use the work you would like to borrow for your digital story. Permission requests should always go through the publisher of a work, not directly to the author or illustrator. Many companies are willing to allow you to borrow a piece of their work if it is for educational purposes and will not be shown to a large group of people. Publishing a project to the web is a gray area. Some publishers are fine with it if it puts the work in a positive light and does not cost them any money. Others are more protective and want you to pay for the right to use their content. Some publishers are quick to respond to requests, and some never do respond. Good luck!
2. Public Domain
You may use work that is in the public domain. Works in the public domain are those for which the copyright has expired. The trick is knowing which works are in the public domain and which are not. Here are some resources that can help:
There are certain exceptions to copyright -- occasions when the use of copyrighted material is defensible. These instances are referred to as Fair Use. It is important to understand that Fair Use is not considered a right. Rather, it is considered a "legally defensible position." In other words, if you use a work that is under copyright and someone thinks your use of the work is not legal, you can defend your choice to use the copyrighted work depending on:
The purpose and character of the use (commercial, non-profit, educational, etc.)
The nature of the copyrighted work
The amount of the work used (Note: There is no set amount of a work that is automatically considered fair use.)
The effect of the use on the potential market value of the work
Citing others' work as part of academic research or a school report falls under Fair Use. "Fair use allows limited use of copyrighted material without permission for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. However, just because a use is educational does not mean that it automatically qualifies as fair use" (https://guides.nyu.edu/fairuseLinks to an external site.).
Watch the following video to help you better understand Fair Use:
4. Creative Commons
There are some people who create work for the purpose of sharing and remixing. Because copyright is automatic, it makes it difficult to actually give permission for people to use what you have created. To solve this issue, Creative Commons was born. Creative Commons developed licenses that give creators a variety of licenses to choose from rather than the all-or-nothing licenses traditionally offered by copyright law.
So, can you use the material you found or not? Read the following infographic to help clarify how copyright affects your ability to use others' work. (Demystifying CopyrightLinks to an external site.)
Teaching young students how to successfully search for things on the Internet can be difficult, but it is important to start young teaching students about giving proper credit for information they find.
Do a simple google search to find resources you could use to teach your students about giving others credit for their work and ideas. In your response below, share which grade level you teach, a resource you found, and how you can use it in your classroom.
Copyright