FAQ

**What is copyright?**
According to copyright.gov, "Copyright is a form of protection provided by the laws of the United States to the authors of 'original works of authorship,'" including books, plays, music, art, etc. The protection gives the author the right to reproduce, distribute, display, and perform the work.

The government also defines the purpose of copyright as “To promote creativity, innovation and the spread of knowledge.”

People want to feel a certain sense of ownership over things they create and a copyright provides that. It gives people incentive to continue creating, knowing that their work will be respected and recognized as original.

But it's important to note that you cannot copyright an idea--you can only copyright the execution of an idea. We humans have been building on each other's ideas since well, forever, and that's an important part of the growth of civilization. Just think someone had the idea to build a car, and so they built one. But if that person could keep ownership of the //idea//, then cars might have never evolved like they have. Instead, many people have built on the idea of a car by coming up with more fancy and efficient versions or executions.

For a fun video about the definition of copyright check out this [|video] from the [|Media Education Lab].

**How does it affect me?**
Copyright laws affect you more than you might think. Have you ever thought about who took that picture that you found on Google images and used as a part of your presentation? Have you ever used bits and pieces of videos or music to illustrate a point? Most likely these works were copyrighted. It is very important to know how to play according to the rules when it comes to copyright.

**Why should I know about it?**
Why not know about might be a better way to think of that question. First, as a student since you might be assigned to do digital projects and such in school, you'll want to know what you can and can't do. Second, as a digital citizen, you want to know how to navigate the crazy source of information that is the Internet. Just because we can find images, books, poems, plays, music, etc. easily on the Internet doesn't mean it all belongs to us to use however we wish. We still need to honor the author's rights. But let's face it, we also want to know our own rights as users, and since both author's and users have rights, it's important that you learn about it. And just think, one day, you might be an author or creator yourself, and you will certainly want to feel protected to share your work with others without the risk of it being used unfairly.

**Can't I just give credit to the author or creator? I don't want to steal anything, their stuff just makes my project better.**
There are some places where the authors or creators are generous with their copyright and allow you to use their materials as long as you give credit. For a list of those sites check out this wiki.

But because some people do rely on their creations to make a living, they might be worried about someone "stealing" their stuff. If someone took a creation and marketed it as their own, then tried to make money from it, that would be very dishonest and it would take away from the money the original creator could make. That's why there are guidelines to follow.

The good thing is, the guidelines leave room for those tricky times when maybe a student or teacher wants to use just a small part of someone's creation and don't intend to make money for it. This is called fair use and is described below. Also see the Transformative Standards Page to find out some rules for using copyrighted materials and what you can or cannot do with them.

**With all these rules, should I just avoid using anyone else's work at all costs? Why not just come up with something new so that way you can't get in trouble?**
How about--Avoiding someone else's work forever would be difficult, especially once you get to college and beyond. And since the government recognizes that users have rights as well, we should exercise those rights. Avoiding learning about them won't make it any easier when the time comes that you simply must face the music (perhaps quite literally if you are using music in a project). So learn about your rights now and use them. Have you ever heard the phrase, "If you don't use it, you lose it?" Well that applies in two ways here: first, if you don't practice now, it will just be harder and harder to understand down the line; and second, not exercising your rights is the same as not having them at all, or losing them, right?

It is very important to know the rules that guide fair use and to exercise your rights as a citizen. Copyright laws were generated to encourage creation of new ideas and to give people credit for the works that were created. That said, it is also well known that the creation of new works sometimes depends on the use of old works. This is the reason that the laws surrounding fair use were created and should be exercised when needed. We shouldn't be afraid to build off someone's ideas to make something new. As long as we understand the rules, we can continue to create and share in ways that promote a growing culture.

To see fair use at its finest, check out this awesome [|video created by Eric Faden] using Disney movies to make a point about fair use.

**If copyright is such a big deal, how come teacher's are always asking us to use other sources?**
Well, making sure you understand copyright laws and rules is a big deal. But it's an even bigger deal that you learn to read, research, and synthesize all the creations and works that you come across each day. It would be impossible to ignore everything you've seen or read, right? Especially with the wide open world wide web where we see new images and words by the second. Everything we see and read somehow influences and informs our own thinking and work. So, it's easier to acknowledge that influence and then build off of it. Sometimes we teachers call it "entering the conversation." Because it's easier to acknowledge than avoid, teachers want to make sure you have the tools to acknowledge and use other works correctly, and so they ask you to practice while you are in their class. Besides, even though copyright feels like it has a lot of rules about what you can't do, remember there are also fair use rules about what you can do, which we touched on above. When in doubt, focus on what you //can// do, and go from there.

**Wait, there's more to learn? There's something called fair use? What's that?**
Fair use is a way to keep copyright law in check (so to speak). While copyright appears to be a way to keep intellectual property out of the hands of the general public, "The fair use doctrine allows users to make use of copyrighted works without permission or payment when the benefit to society outweighs the cost to the copyright holder." (The Code of Best Practices in Fair Use for Media Literacy Education )

[|Fair Use] is where you are allowed to use the copyrighted material of someone else, as long as your use of it is fair.

This is not to say there aren't guidelines as to who and how copyrighted materials can be used.

The fair use doctrine, which is found in Section 107 of the Copyright Act of 1976, states that the use of copyrighted material “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” is not an infringement. Courts consider these factors in determining the purpose of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the original work; and the effect of the use on the market for the original.

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**So, I'm allowed to use someone else's work as long as I follow some rules? What are the rules and how do I know I am not breaking them**
Among other things, [|section 107] of the Copyright Law sets up four factors to consider when thinking about fair use situations. These include:
 * 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
 * 2) the nature of the copyrighted work;
 * 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
 * 4) the effect of the use upon the potential market for or value of the copyrighted work.

These four factors should be weighed when deciding whether or not using a piece of work can be considered [|fair use]. For more about the four factors test, check out our student page.

**So, I've created something and I want to copyright it. How do I do it?**
Congratulations! Copyright protection immediately covers the work produced by an author. There is no registration required (although, you can for a little bit of money...and it helps in court if someone tries to use your work). There are some things you should know, however, before you go claiming that work as your own.
 * Is it tangible? Make sure that story is written, the lyrics on paper (not just in your head!), the speech recorded and that choreography mapped out. Remember that FRIENDS episode where Ross got published in Playboy, but Chandler said it was his joke first?? WRITE STUFF DOWN!!
 * Minors may copyright their own work, but sometimes states like to get involved with the ins and outs. If you are curious about your state's requirements, consult an attorney.
 * Did someone pay you to create it? If someone paid you to write it, it belongs to the employer and not the employee.

In a hurry? Need quick answers to your copyright questions? Check out this quick, interactive tutorial !

For more information on how to copyright your own work check out this [|site].

**Are there alternatives to Copyright?**
Yes! There is the [|public domain] where there are restrictions on use.

There is also Creative Commons. Creative Commons is a nonprofit organization that provides free, easy-to-use licenses that allows for "some rights reserved". The licenses allow you to shape how users can use your work. You can find out more about creative commons and how to choose a license at the [|creative commons] website. You can also go to the site to find licensed works that you are allowed to share, remix, or reuse. There is information there for creators and users alike. media type="youtube" key="io3BrAQl3so" height="344" width="425"