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photoWhat do you know about COPYRIGHT? What constitutes fair use? When is it okay to use other people's photos or music?

Cool photos and graphics can really enhance a Website or presentation, and there are so many images available at our fingertips on the Internet. But before you copy and paste, make sure you are not breaking copyright laws! 

What is copyright? The legal right of the creator of a work to control the work if the work is "an original work of authorship fixed in a tangible medium of expression."

What kinds of works can be copyrighted? Certain kinds of works are covered by copyright law and certain works are not covered by copyright law.

How do you protect your work? An original work is automatically copyrighted by the creator as soon as it has been fixed in a tangible form of expresion.

When is it okay to use someone else's work? Ask permission! Contact the copyright owner and ask if it is okay. It is also okay to use other people's work if it falls under fair use guidelines or is within the public domain.

What is fair use? Fair use is the legal right to use someone else's work without obtaining permission from the copyright holder, under certain circumstances. If a copyright infringement case goes to court, the defense may be able to claim fair use. The work is more likely to be considered fair use if one or more of the following considerations are met: 

  • The use is strictly for educational purposes (work solely for school projects and not made available to the public falls under this category)
  • No commercial gain is to be obtained from the use
  • The use is transformative in nature (i.e. it represents a significant modification of the original)
  • The use is a parody or criticism
  • The use is for news reporting, scholarship, or research
  • The work is factual in nature, rather than representing opinion or creative expression
  • Only a small amount of the copyrighted work is used in relation to the whole, and the importance of the portion used is minimal
  • The use will not negatively affect the potential commercial market for or value of the copyrighted work

It is important to understand that copyright laws are tricky and no two copyright infringement cases are the same. When in doubt, get permission! It is not enough simply to cite sources.

What is public domain? Public domain works can be used freely without getting permission from the creator. Works may be within the public domain for several reasons, including works that consist entirely of information that is commonly available and that contain no original authorship, or works that were under copyright protection but the copyright has expired. Any work created before 1923 is now within the public domain. But copyright laws got more complicated after that time. Click here for more information about public domain and copyright terms.

CoolNow that you know all about copyright and fair use, take the following quiz to test your knowledge:

Copyright Kids Quiz: http://www.copyrightkids.org/quizframes.htm

 


   
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