Freedom, Creativity, and Sampling

Alternate Title: Free Culture

The general idea is to combine ideas into a syllabus about the concepts in the title: Freedom, Creativity, and Sampling (the newest term for appropriation).

Notes from Chris
Licensing 101: http://www.soundexchange.com/licensing101.html

Copyright Materials
To use copyright materials in your classroom you must obtain permission from the holder of the copyright - or - qualify under "Fair Use" provisions.

What is copyright?
Copyright gives the owner exclusive authority to:
 * reproduce the work in copies
 * adapt the work
 * distribute the work to the public
 * perform or display the work publicly
 * authorize others to do any of the above

What is covered?
Original works that are fixed in a tangible form of expression, including: Literary works; Musical works, including accompanying songs; Dramatic works, include accompanying music; Pantomimes and choreographic works; Pictorial, graphic, and sculptural works; Motion pictures and other audiovisual works; Sound recordings; Architectural works; Computer software.

How is a copyright obtained?
Protection exists immediately, from the moment the work is created in a fixed form. You do not need to publish, register, or perform any other action in the Copyright Office.

Created on or after January 1, 1978

 * Author’s life plus 50 years
 * Works for hire, anonymous and 95 years from publication date or, 120 years from creation date, whichever is shorter

Created before January 1, 1978

 * not published or registered: Author’s life plus 60 years or 95 year term; published or registered: 95 years.

What can I copy?

 * Works for specific use with permission from the holder of the copyright.
 * Works that have entered public domain (never copyrighted, expired copyright)
 * US Government Publications
 * Single copies for teachers
 * Copyrighted materials that fall under the guidelines of Fair Use

How do I obtain permission to copy?
If you wish to obtain permission yourself:
 * Contact the copyright holder directly. (Note: This may not be the author.)
 * Contact: www.copyright.com or
 * Contact: www.literarymarketplace.com
 * Contact: Ulrich’s International Periodicals 	www.ulrichsweb.com  -or-
 * Collect all copyright materials with complete materials with complete bibliographic information into a Course Reader and submit it to any copy center** that specializes in obtaining duplication permission from the copyright holder.

Fair Use Guidelines
Under certain conditions, copies may be made under the Fair Use provisions of copyright law without obtaining permission.

What is Fair Use?
Copying of works not considered an infringement of copyright protection. Limited reproduction for purposes of criticism, reporting, teaching, scholarship research

Fair Use Restrictions

 * Character of use: nonprofit, educational Nature of work: factual
 * Portion of the work to be used: small
 * Effect use would have on the market if use was widespread. Is the item out of print or would copying compete with sales?


 * Multiple copies can be made for one event, with one copy per pupil, for one course if:


 * Copying meets the test of brevity, spontaneity, cumulative effect
 * Each copy includes notice of copyright including Author’s name, Title, Date, Source


 * Brevity Condition:
 * Complete poem if less than 250 words and fits on 2 pages.
 * Excerpt from a long poem, not to exceed 250 words.
 * Complete article, story or essay fewer than 2500 words.
 * Excerpt from a larger work not to exceed 10% of the whole or 1000 words, whichever is less.
 * One chart, graph, diagram, cartoon or picture per book or per issue of a periodical.


 * Spontaneity Condition:
 * The copying is at the instance and inspiration of the individual teacher.
 * The decision to use the work does not allow time to request permission.


 * Cumulative Effect Condition:
 * The material copied is for only one course.
 * Only 1 short poem, article, story or essay or 2 excerpts from the same author, or 3 from the same collective work or periodical.
 * Up to 9 instances of multiple copying for one course during one class term.

Prohibitions

 * Copying cannot be used to create, replace or substitute for anthologies, compilations or collective works.
 * Cannot copy “consumable” works such as workbooks, exercises, standardized tests, test booklets, answer sheets, etc.
 * Cannot substitute for the purchase of books, reprints or periodicals.
 * Cannot be directed by a higher authority.
 * Teacher cannot repeat use from term to term.
 * Cannot be charged beyond the cost of photocopying.

Penalties for Copyright Infringement

 * Civil and criminal penalties apply.
 * Up to $100,000 per work infringed or actual damages & attorneys fees.
 * Anyone who violates the law may be sued, including the institution and instructor