Copy+Creatures

== = DO YOU COPY? = =The 411 Guide for Middle School and Beyond on: //What you need to know to protect your Copyrights and how to use other people's work fairly, too!// =

PART ONE: Q & A's about Copyright.
1. Just what is a //Copyright//, and why do I need to know about it? According to Wikipidea, Copyright is: [|copyright wikipedia article] "a set of [|exclusive rights] granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. The [|exclusive rights] are however balanced for public interest purposes with [|limitations and exceptions]to the [|exclusive right] - such as[| fair dealing] and fair use.Copyright theory says that it is the balance between the exclusive rights and the limitations and exceptions that engenders creativity. Copyright does not protect ideas, only their expression or fixation. In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain. Uses which are covered under[| limitations and exceptions to copyright], such as fair use, do not require permission from the copyright owner. All other uses require permission and copyright owners can license or permanently transfer or assign their exclusive rights to others."

//Wow, what a mouthful! Now what does it mean exactly?//...... It means that you (//yes, you!//) have the RIGHTS to YOUR original work. If you write a short story in English, it’s yours. (with or without that pesky © mark!) You have the exclusive right to copy, hand out or change that story. However, just because you create something doesn't mean it's for your eyes only. (More on 'Fair Use' later). A word of caution: The 'thing' you create does have to be fixed in some way, as in written down/recorded somewhere. What you create can't just be an idea floating around in your head if you want it to be copyrighted.

On the flip side, if you find a great photo or song or passage or something else cool that another person created that you want to share or use in a class project, it's important to know that there is a way to do it so it's not only legal, but also fair to the person's work that you're using. //Read on!//

2. Aren't only books copyrighted? No....Copyrights used to cover only books, but now our definition of copyrighted material has expanded to include all kinds of works. Films, music videos, songs, plays, stories, poems, photos, video games, websites and computer programs are all copyrighted material. Just think of all the original things people are creating everyday!

3. That's Not Fair! ...or is it? Fair Use and just plain //abuse// ! Fair Use essentially defines acceptable exceptions to copyright law, and can be defined as follows: "Conduct that otherwise might involve infringement of a copyright may be regarded as permissible use under the concept of fair use. Under the circumstances of fair use, the conduct is excusable as being for certain educational, research, or scientific purposes or involving de minimis copying." //"De minimis" means so small or minimal in difference that it does not matter or the law does not take it into consideration.//

So. What are those "certain educational" purposes? The answer is coming up next........ in #4.

SOURCE: [|Understanding Copyrights: A Glossary]

4. But, you say : //"I'm just a poor little old middle school student. Don't I have any rights?"// The answer is YES! I'm sure you have seen many teachers using a lot of films, music, and published writing to teach. Can you, as students, use those same types of excerpts of other works and cool photos in your class projects without breaking the rules? YES, again! Here's how!: There are actually special copyright rules just for teachers and students, so that you have access to all kinds of interesting material in your classes and your school work. The only thing you (and your teachers) need to do is follow these five rules: //So, read this part very carefully!// :

<span style="color: #00ff00; font-family: 'Comic Sans MS',cursive; font-size: 130%;">ONE <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">: Teachers can access excerpts or full versions of copyrighted material as long as it is appropriate for the class //and// they give credit to their sources. <span style="color: #00ff00; font-family: 'Comic Sans MS',cursive; font-size: 130%;">TWO <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">: Teachers can even put excerpts or full versions of copyrighted material right into their worksheets or assignments or published curriculum, as long as, again, they give credit to their sources. <span style="color: #00ff00; font-family: 'Comic Sans MS',cursive; font-size: 130%;">THREE <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">: Teachers can share their assignments that use copyrighted material with each other, too! At conferences and workshops, teachers can swap lesson plans or worksheets that use copyrighted material IF, you guessed it, they give credit to their sources. <span style="color: #00ff00; font-family: 'Comic Sans MS',cursive; font-size: 130%;">FOUR <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">: Students, you can use copyrighted material (songs, photos, excerpts of writing) in your own school projects as long as you are supplementing your own work and not JUST copying. And guess what? You need to give credit to your source! (Are you getting this?) <span style="color: #00ff00; font-family: 'Comic Sans MS',cursive; font-size: 130%;">FIVE <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">: Once you have created a project and used some cool images, music, or excerpts, you may wish to share your work with others, say, on a class website. As long as you use the copyrighted material in a fair way - that it is used to enhance your own work - you and your teacher can work together to decide on a way to share your work with other students and teachers, or with your school community.

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">SOURCE: [|**Code of Best Practices in Fair Use for Media Literacy Education**]

<span style="color: #ff0000; font-family: 'Comic Sans MS',cursive; font-size: 130%;">5. Uh, what is transformative use? That's like the toy, right? <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Transformative use refers to using copyrighted materials in a way in which the original work is transformed in some way, or manner for a use from that for which it was originally intended.Transformative use is considered to be fair use, legal, and you would be //within your student rights ! (Aren't you glad!)// if you are handling copyrighted materials this way. //Transformative use does exactly what you think it would do!// It //transforms// the work for a use from that for which it was originally intended. Transformative use allows you to change the content of copyrighted materials such as: music, movies, books, etc. "If the user of the copyrighted materials adds value or repurposes the materials for a use different from that which was originally intended," this would be considered to be **//fair use.//**

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">SOURCE: [|Code of Best Practices for Fair Use in the Media.]

<span style="color: #800080; font-family: 'Comic Sans MS',cursive; font-size: 150%;">PART TWO: Guilty or Innocent? Now it's your turn to see if these teachers and students are breaking the law!
<span style="color: #008000; font-family: 'Comic Sans MS',cursive; font-size: 130%;">Scenario 1. <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Nick wants to add his favorite music to his Keynote slide show for his Spanish project on the seasons of the year. Is he within his rights to do so? Nick has added the audio of his favorite song to his Keynote slide show. I object to Nick using the song because it has English language in it and the rubric for the project indicates that no English will appear on the project. Nick had forgotten this part, so he decides to use just the soundtrack of the music without the words. He has therefore altered the original copyrighted work.

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Questions to Consider:
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Is he GUILTY or INNOCENT?
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">What can Nick learn about transformative use from this?

<span style="color: #008000; font-family: 'Comic Sans MS',cursive; font-size: 130%;">Scenario 2.

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">A group of kids in the drama class want to put on a variety show to raise money for their club. They want to use some top 40 songs to sing, use a few scenes from Shakespeare and some want to read a chapter from a totally awesome young adult book that just came out. They plan on charging $5.00 for admission.

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Questions to Consider:
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Are they GUILTY or INNOCENT?
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Is their showcase within the constraints of 'Fair Use?'

<span style="color: #008000; font-family: 'Comic Sans MS',cursive; font-size: 130%;">Scenario 3. <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Jamie is taking a photography class at her school and she is given an assignment about action shots. She takes a bunch of shots of her school's varsity soccer game, working on using her camera to capture the movement of the players. She uploads her best shot onto her class blog, as assigned. Later that week, while surfing the internet, she finds a different local sports blog called //The Local Scene// has used her photo on the "Week in Review" page. Even though she did not "register" a copyright, she is outraged that she wasn't given credit!

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Questions to Consider:
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Is The Local Scene GUILTY or INNOCENT?
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Does Jamie have to "register" her copyright in order to claim ownership of the photo?

<span style="color: #008000; font-family: 'Comic Sans MS',cursive; font-size: 130%;">Scenario 4. <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Your history teacher assigns you a research project on the Holocaust. You create a really cool PowerPoint presentation that uses video clips, excerpts from Holocaust survivors' diaries, and photographs of concentration camps. All of the material is copyrighted, and you do not have permission from the original authors. AND after you do such a great job on your presentation, your teacher asks you to post your PowerPoint on the class blog for other students and parents to see.

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Questions to Consider:
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Are you guilty of copyright infringement by using the videos, writing and photos and then republishing on the internet?
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">What do you have to do to stay within "fair use"?

<span style="color: #800080; font-family: 'Comic Sans MS',cursive; font-size: 150%;">PART THREE: Was I right? Possible answers to the above scenarios.
<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Scenario 1 Response: Nick has transformed the original piece of work (the music). He has removed the lyrics from the music soundtrack therefore he has altered the original piece of copyrighted material. Nick is within his rights under the **Doctrine of Fair Use** to use the music for his Spanish project. He has modified the original copyrighted material, so this would be considered transformative use. Transformative use accepts the altering of existing media content, ( in this case,the music and lyrics) is the existing media content and placing it in new context." Nick is NOT GUILTY!

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Source: Code of Best Practices for Fair Use in the Media

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Scenario 2 Response: If our aspiring actors performed their variety show for free, they would be innocent. Or, if they wrote the owners of the copyrighted materials for permission, they would be innocent. But because they did neither, they are GUILTY! These young thespians' hearts are in the right place, but they have been too hasty(and perhaps uneducated) as far as copyright is concerned. In short, they made the following two mistakes: 1) just because they are students - and using their play to support their education - they are using someone else's copyrighted material for profit! 2) ask and you shall receive! Another oversight this group made was not getting the permission of the copyright owners to use their material in their for-profit play. If this group had gained the permission of the copyright holders or performed their play for free (while also giving credit in a program) they would be innocent. But unfortunately, they did not, so in this instance, our actors are GUILTY! They //can//, however, perform as much Shakespeare as they would like for profit because his works fall under

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Scenario 3 Response: Even though Jamie didn't legally or formally register a copyright for her photo, she took the photo, she created it. It's hers. She owns it! So, //The Local Scene// blog needs to give her credit. IF //The Local Scene// blog had included Jamie's name and a link to her photo class blog, then their use of her photo would have been considered "fair." Jamie has the right to tell the writers of //The Local Scene// to give her credit for the photo or remove it. If //The Local Scene// refused to remove the photo or give Jamie credit, Jamie would have much more luck in court if she did own the copyright, but even without having gone through the process, she is legally protected. Until they give Jamie credit, //The Local Scene// is GUILTY! <span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Source: [|The Write Spot, LLC.]

<span style="font-family: 'Comic Sans MS',cursive; font-size: 130%;">Scenario 4 Response: According to the CODE OF BEST PRACTICES IN FAIR USE FOR MEDIA LITERACY EDUCATION, you are able to use all of these media clips, writing and photos for your project as long as the project is mostly your work and the other pieces are used to supplement your work, and if you gave credit to the sources. And you are even able to publish your presentation on the internet (all together now!) as long as you gave credit to the sources! You are INNOCENT!

<span style="color: #ff00ff; font-family: 'Comic Sans MS',cursive; font-size: 130%;">Want to know more? [|Click here!]