Copyright

Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more! (US Copyright Office)

Copyright is meant to incentivize creation; it grants creators (as individuals or entities) the exclusive rights to their work for a limited period of time.

The person, persons, or organizational entity that originated the work.

Everyone is a copyright owner. Once you create an original work and fix it, like taking a photograph, writing a poem or blog, or recording a new song, you are the author and the owner. Companies, organizations, and other people besides the work’s creator can also be copyright owners. Copyright law allows ownership through “works made for hire,” which establishes that works created by an employee within the scope of employment are owned by the employer. (US Copyright Office)

Examples of a “work for hire” include: standardized tests, translations, collective works, maps.

The privileges of copyright mean that the creator has exclusive rights to:

• Reproduce the work
• Prepare derivative works
• Distribute the work
• Perform the work
• Display the work
• Authorize others to exercise these rights

As a general rule, works created after January 1, 1978 have protection for the life of the creator plus an additional 70 years. Works created prior to 1978 will have coverage dependent on a variety of factors.

See Copyright at Cornell Libraries: Copyright Term and the Public Domain for a comprehensive guide

When copyright expires the creator no longer holds exclusive rights and the work enters the “public domain.” The work can be used freely.

As of 2022, works created before January 1, 1926 entered the public domain unless the copyright holder applied for an extension. Examples of these works are Winnie-the-Pooh by A. A. Milne, decorations by E. H. Shephard (1926), “Someone to Watch Over Me” by George Gershwin and Ira Gershwin, The Weary Blues by Langston Hughes (1926), and The Sun Also Rises by Ernest Hemingway (1926).

You generally cannot use copyrighted material unless:

• It's on  Swank K-12 Streaming — Our school subscription provides licensed movies for classroom and remote instruction.
• It falls under Fair Use or the TEACH Act — Specific legal guidelines for educational exemptions.
• We hold a license or permission — You have explicit written permission from the owner or coverage under another school agreement.

Fair use is the ability to use portions of copyrighted materials by a nonprofit educational
institution in the face to face educational setting. Fair use falls in sections 107–110 and takes
into account:

1. whether or not the material is being used for an educational purpose.
2. whether the material is a factual or a creative work. (Factual information more likely falls into the “fair use” category.)
3. the quantity and quality of the material. (Smaller portions of the original work are more likely “fair use” than the entirety.)
4. the effect on the market. (Will your use of the material hurt the market for the original?)

The TEACH Act (2002) to provide guidance when using materials in the online classroom. In order to qualify for copyright exemption under the TEACH Act, the situation must meet the following criteria:

• use at a nonprofit educational institution
• must be associated with a mediated instructional activity
• must be for enrolled students only
• must be a live or asynchronous learning situation
• cannot be a textbook
• Instructor must include a copyright notice
• must include tech measures to prevent printing, cutting, and pasting as well as IP address security measures

Remember, this does not mean creating a digital version of an analog resource UNLESS the digital is unavailable, NOR does it mean that you can circumvent other licensing agreements.

A copyright owner has the opportunity to license their work to a third party. This may look like a publisher, a content management company, or a distributor. To use the material, you will need to work with the licensing entity. Once in a relationship with the licensing entity, you may use the materials under the guidelines they set forth.

Popular licensing agreements include:

• Swank K-12 Streaming – Provides legal movie streaming for educational use inside and outside the classroom.
•  Academic databases (via Minnehaha Library) – Subscriptions like Encyclopaedia Britannica allow the use of images and entries for educational purposes.
• Educational recordings & library-based services – Services like PBS allow teachers to air recorded shows in the classroom for educational purposes for up to a full year after the original air date.
• Commercial streaming services –
  • Nothing may be streamed from Amazon Prime, Disney+, Hulu, in the classroom.
  • Only "Original Documentaries" from Netflix that explicitly carry educational screening permission may be used. 

Purchase the appropriate resource or contact the copyright holder to request permission.

1. Identify the owner.
2. Secure written permission.
   • Some copyright holders have a prepared letter that can be downloaded from their website.
   • Draft a letter. (See: https://guides.library.cornell.edu/copyright/publicdomain)
3. Keep a record.