WEBVTT Kind: captions Language: en 00:00:01.920 --> 00:00:06.560 Hello my name is Inga Haugen  and I am your librarian.   00:00:06.560 --> 00:00:13.040 This presentation is designed to assist Extension  Master Gardeners in the commonwealth of Virginia   00:00:13.040 --> 00:00:19.040 but anyone who finds it useful is absolutely  welcome to use the information in here. 00:00:22.640 --> 00:00:28.034 This is an intro to copyright  for extension master gardeners. 00:00:34.560 --> 00:00:37.680 to talk about copyright today, 00:00:37.680 --> 00:00:44.080 I will say that I am not a lawyer but I am a  librarian and I am here to help you understand   00:00:44.080 --> 00:00:49.440 what copyright is and how it can affect what  you're doing as an Extension Master Gardener. 00:00:51.520 --> 00:00:59.760 Extension Master Gardeners offer advice resources  and education when you are trying to share your   00:00:59.760 --> 00:01:06.640 resources and then to educate you might want to  use some resources that have already been created   00:01:06.640 --> 00:01:12.320 and to be able to use them appropriately within  the correct legal context we need to understand   00:01:12.320 --> 00:01:20.080 what copyright is so we know what we are allowed  to do when you are pursuing your education your   00:01:20.080 --> 00:01:28.480 advising and your sharing of resources so what  is copyright. Copyright is a way to be able to   00:01:28.480 --> 00:01:37.840 work with resources that have been created.  Copyright holders may hold the license the   00:01:37.840 --> 00:01:48.640 copyright for around 70 years and copyright works  with ways of copying, sharing, publicly performing,   00:01:48.640 --> 00:01:55.920 displaying, transmitting and working with prequels  or sequels or just in general if you're going to   00:01:56.880 --> 00:02:04.480 work display or connect with a resource. You're  going to need to understand what copyright does   00:02:06.080 --> 00:02:11.920 so why does copyright matter in the US and that's  another thing to consider. The way that I'm talking   00:02:11.920 --> 00:02:17.440 about copyright absolutely depends on the fact  that we're working in the US legal system and    00:02:17.440 --> 00:02:23.360 I will be speaking as if everyone else is going to  need to abide by the US legal system because we   00:02:23.360 --> 00:02:29.520 are Extension Master Gardeners which are connected  to our land grant system for Virginia Cooperative Extension.  00:02:29.520 --> 00:02:36.320 And we are based in Virginia therefore  US copyright applies so we have three categories   00:02:36.320 --> 00:02:42.240 to consider with copyright. It's protected  by copyright because it is owned by you   00:02:42.800 --> 00:02:47.680 which is a pretty easy way to be able to work  with things if you take a picture of a butterfly   00:02:47.680 --> 00:02:52.640 you have all of the rights to be able to share  it let other people use it whatever else that way   00:02:53.600 --> 00:02:58.080 it can be protected by copyright because it's  owned by somebody else so we need to understand   00:02:58.080 --> 00:03:04.160 what kind of copy rights they allow us to be  able to use things and then there's public domain   00:03:04.720 --> 00:03:11.840 and which is most of what anything that  comes out of the federal government and then   00:03:11.840 --> 00:03:20.080 most of what comes out of any kind of extension  program resources or anything else that way so as   00:03:20.080 --> 00:03:25.600 we work with copyright if something comes from the  federal government or from Virginia Cooperative   00:03:25.600 --> 00:03:31.840 Extension. We generally have the copyright in the  public domain which means it's real easy to use   00:03:32.880 --> 00:03:39.280 public domain also counts and works  with expired copyrights and so in that   00:03:39.280 --> 00:03:44.240 aspect the person who originally had the  copyright has passed away and it has been more   00:03:44.240 --> 00:03:49.520 than 70 years and so then it enters the public  domain so at this point in time works created.  00:03:51.360 --> 00:04:02.560 Previous to 1925 are what's entering the  the public domain those details are very   00:04:02.560 --> 00:04:07.760 uh specific and if you have any more questions  about that you are welcome to contact me or   00:04:07.760 --> 00:04:14.240 other librarians but let's keep talking about why  copyright matters with Extension Master Gardeners.  00:04:14.240 --> 00:04:25.040 Let's dive in a little bit more about just what  is copyright? excuse me so It is a power to promote   00:04:25.040 --> 00:04:32.000 the progress of science and useful arts by  securing for limited times to authors and   00:04:32.000 --> 00:04:40.080 inventors the exclusive right to their writings  and discoveries so copyright is trying to be able   00:04:40.080 --> 00:04:50.160 to give attribution to give the usage of and the  ability to profit by the works that they've done.   00:04:51.760 --> 00:04:56.640 Copyright has been established by the  US constitution and protects original   00:04:56.640 --> 00:05:01.920 and fixed works for a limited time so  that's generally life in 70 years. um   00:05:02.560 --> 00:05:10.560 so when I was talking about you know 1925  that's not necessarily life in 70 years but um   00:05:11.680 --> 00:05:17.440 there's some differences that  way uh when it has been an entity created by  00:05:18.480 --> 00:05:22.160 an organization. That's when  things are starting to come into   00:05:22.800 --> 00:05:29.840 the public domain that way if there's not  a personal um authorship to that space but   00:05:29.840 --> 00:05:34.080 the most interesting thing about copyright I  think is that It is automatic. You don't need   00:05:34.080 --> 00:05:40.000 to register it anywhere. It absolutely happens  so when you take that picture of that butterfly,   00:05:40.000 --> 00:05:44.160 you are automatically a copyright  holder It is automatically copy written.   00:05:45.440 --> 00:05:53.200 Hey, if you infringe on somebody else's  copyright there are some challenges, there are some   00:05:53.200 --> 00:05:57.840 difficulties, there are some problems which is one  of the reasons that we're talking about this today.   00:05:57.840 --> 00:06:04.160 As people coordinated and associated with Virginia  Cooperative Extension's master gardener program   00:06:04.160 --> 00:06:10.880 we don't want to create negative academic  consequences. We don't want to take our name   00:06:10.880 --> 00:06:15.680 and drag it through the mud because we are  using somebody else's work inappropriately.   00:06:16.240 --> 00:06:21.280 We certainly don't want to deal with  legal penalties and cost US resources   00:06:22.960 --> 00:06:29.200 and it's very unlikely that there would be jail  time but there is an aspect within copyright law   00:06:29.200 --> 00:06:35.280 where those fines and penalty penalties could  be assessed if you're working with materials   00:06:35.280 --> 00:06:43.840 incorrectly and mostly it's just the loss of  time and the energy put into headaches worrying   00:06:43.840 --> 00:06:49.360 navigating different things and so let's  learn about how to do it right to be able   00:06:49.360 --> 00:06:54.400 to avoid all of that you can consider me a  safe resource to be able to help you navigate   00:06:54.400 --> 00:06:59.040 this environment and all sorts of other  people in Cooperative Extension and within   00:06:59.040 --> 00:07:06.080 the librarianship are also very happy to help  so I hope by the end of this module you will   00:07:06.080 --> 00:07:12.400 understand, how to work with copyright and how to  ask for more help if need be let's keep learning 00:07:14.480 --> 00:07:23.520 so more copyright basics let's talk about works  that cannot be copyrighted so you can't copyright   00:07:24.080 --> 00:07:30.640 data you can't copyright ideas or a method  by which to do something so the way that I   00:07:30.640 --> 00:07:36.160 pour my coffee into the cup is not something  one can copyright you can't copyright my name, 00:07:37.760 --> 00:07:46.160 you can't copyright facts and news so the fact  that it is a beautiful day today with snow that   00:07:46.160 --> 00:07:51.680 has been there and snow that is coming none of  that information or the way that I have done   00:07:51.680 --> 00:07:57.120 that or said that or conveyed that information to  you can be copyrighted the fact that there's snow   00:07:57.120 --> 00:08:02.000 on the trees that I can see as I look out my  window that's not something you can copyright   00:08:03.440 --> 00:08:09.200 conversations that just happen on the corner of  the street that are not recorded in any way cannot   00:08:09.200 --> 00:08:16.240 be copyrighted. I could copyright this presentation  in this module because it is being recorded   00:08:16.240 --> 00:08:21.600 so it is a fixed work. This is now fixed so now  let's segue into talking about other things   00:08:21.600 --> 00:08:29.760 that can be copyrighted. Sound recordings. This is a  sound recording in addition to a visual recording   00:08:29.760 --> 00:08:36.720 so things that are recorded in that way pantomime  and choreographed works literary works like books,   00:08:37.280 --> 00:08:45.520 musicals, dramatic works, plays that are recorded,  computer programs, architectural works, drawings,  00:08:45.520 --> 00:08:52.160 blueprints, sometimes the buildings themselves  but that's a very bizarre case so in general the   00:08:52.160 --> 00:09:00.000 things that we'll be working with are um aspects  of recordings that we want to be able to reference.   00:09:00.000 --> 00:09:05.440 So as Extension Master Gardeners with the advice, education and resources that you want to share.  00:09:06.000 --> 00:09:10.240 There's going to be some times where there's  facts news and individual data points   00:09:11.040 --> 00:09:19.520 but they're going to be recorded and structured  in a way that they are considered a media or a   00:09:19.520 --> 00:09:27.120 resource that has been copyrighted. So let's learn  how to work with things to be able to share them. 00:09:29.920 --> 00:09:37.760 In the course of your life you may want to  copy a resource, copy someone else's work   00:09:37.760 --> 00:09:42.160 in your teaching. At some point  you may want to publicly perform   00:09:42.160 --> 00:09:49.440 someone else's work in your daily life, at some  point you might want to create a derivative of   00:09:49.440 --> 00:09:54.880 somebody else's work in your master gardener  work. I think this will be the time this will   00:09:54.880 --> 00:10:02.800 be the instance that most of what you do is what  hinges on copyright and so an example for this   00:10:02.800 --> 00:10:10.080 is that my grandmother Betty Storley has taken a  picture of a butterfly, that's absolutely beautiful.  00:10:10.720 --> 00:10:18.080 You want to be able to use that picture of  the butterfly in your own presentation to   00:10:18.080 --> 00:10:27.360 be able to show the types of plants that you  can plant to attract that type of butterfly. 00:10:28.400 --> 00:10:35.760 It would be a use of my grandma's picture to  be able to use that butterfly picture in your   00:10:35.760 --> 00:10:44.400 presentation. If my grandmother had already pulled  together a presentation on plants to plant to   00:10:44.400 --> 00:10:51.520 create a butterfly garden and you want to be able  to expand it to say here's what works in minnesota   00:10:51.520 --> 00:10:57.040 thank you betty storley and now here's what we're  adding to what works in virginia that would be a   00:10:57.040 --> 00:11:03.760 derivative of her work and that's many times  what I think we're going to want to work with.   00:11:04.880 --> 00:11:11.840 In that kind of way for a more specific involved  aspect but the first example that I said where   00:11:11.840 --> 00:11:17.360 you were going to use her butterfly picture  in your presentation would be taking a copy.   00:11:17.360 --> 00:11:24.400 Right? So copying and taking a creative or  taking a derivative of is probably some ways   00:11:24.400 --> 00:11:31.280 that you're going to be working with things and  then publicly displaying things in a banner or   00:11:32.400 --> 00:11:38.640 a poster in a space that you're teaching or you're  staffing a table to be able to share information   00:11:38.640 --> 00:11:43.840 is another way that you might have to work with  copyright to be able to do what you want to do. 00:11:45.920 --> 00:11:51.440 So let's talk about what's covered and protected  by copyright and we're going to walk through these. 00:11:51.440 --> 00:11:59.920 there will be other modules that cover fair  use and creative commons in much more depth.  00:11:59.920 --> 00:12:04.960 So as we're walking through things today, if you  have further questions about those things I will   00:12:04.960 --> 00:12:11.920 refer you to those modules and you'll have an  opportunity to learn more about those things. 00:12:11.920 --> 00:12:17.840 But for now let's talk through and walk through these  five steps is the work protected by copyright. 00:12:20.480 --> 00:12:27.280 No it's a type of work that can't be copyrighted  so you can use it. No somebody at Virginia   00:12:27.280 --> 00:12:33.040 Cooperative Extension made this and so it's  not in copyright. It is in the public domain.  00:12:34.720 --> 00:12:39.520 No, I took that picture of the butterfly. Great, you  don't need to do anything else you are welcome   00:12:39.520 --> 00:12:44.800 to keep moving forward with how you want to work  with things. The answer is yes. It is protected by   00:12:44.800 --> 00:12:51.840 copyright we move to step two, Is there a specific  exemption in the copyright law that covers use?   00:12:53.120 --> 00:12:58.720 The biggest things that will probably  go with what you're working with come   00:12:58.720 --> 00:13:03.840 from these two sections the idea that  we're teaching right so that exception   00:13:04.480 --> 00:13:15.920 is talking about in good faith the idea that  the exemption is specifically set for um   00:13:16.960 --> 00:13:24.000 doing face-to-face teaching to be able to make  that happen. If this module was actually done in   00:13:24.000 --> 00:13:30.000 a synchronous time frame so at the same time where  everybody shows up we turn on our video to be able   00:13:30.000 --> 00:13:35.120 to meet together and then afterwards we close  and step away that's still considered teaching   00:13:35.680 --> 00:13:42.640 and um was is is within an exemption recorded  matters are a little bit different and so we will   00:13:42.640 --> 00:13:50.240 address those again. Is there a license that covers  my use luckily we have some thoughts around that   00:13:51.360 --> 00:13:59.040 again Virginia Cooperative Extension helps us  out because they have this statement to tell us   00:13:59.040 --> 00:14:04.880 what they want us to be able to do so Virginia  Cooperative Extension materials are available   00:14:04.880 --> 00:14:10.720 for public use that's that public domain reprint  or citation without further permission you don't   00:14:10.720 --> 00:14:17.120 need to call me up and say hey Inga can I use  this because this is printed on those resources   00:14:17.120 --> 00:14:22.160 and all you need to do to be able to have  appropriate permission to use these resources   00:14:22.160 --> 00:14:27.200 is to include credit to the author and the  photographers that's really fair you're just   00:14:27.200 --> 00:14:32.880 giving credit to the people that put the work  into making the resource and you're also making   00:14:32.880 --> 00:14:37.840 sure that there's breadcrumbs to follow if there's  something that's wrong or needs changing by giving   00:14:37.840 --> 00:14:45.680 credit to authors and creators of content we can  use those breadcrumbs to find them again to tell   00:14:45.680 --> 00:14:51.760 them about problems to be able to do other things  that way so this is a license that covers your use.   00:14:53.200 --> 00:14:58.560 Creative commons licenses I'll remind you I have  also created another module to be able to go more   00:14:58.560 --> 00:15:05.280 in depth to be able to explain what they are in a  very brief overview. Creative commons license are a   00:15:05.280 --> 00:15:12.480 type of license that lays on top of copyright and  so this is the way that the rest of the world can   00:15:12.480 --> 00:15:19.360 show what kind of license that they are granting  to you to be able to use things. Virginia Tech   00:15:19.920 --> 00:15:27.120 can use creative commons licenses as well. We  have chosen to be able to use language that gives   00:15:27.120 --> 00:15:32.000 humans an ability to be able to read this  statement and understand what's going on. 00:15:33.200 --> 00:15:44.240 These symbols show people with symbols instead  of words what they can do and the details   00:15:44.240 --> 00:15:53.280 of these different things are available at um  creative commons website and there's also machine   00:15:53.280 --> 00:16:00.800 readable components that goes into this so that  when you search for images that are licensed to   00:16:00.800 --> 00:16:10.160 be able to use in the way that you want to, the  machines can sort things out to be able to show   00:16:10.160 --> 00:16:15.440 these options to you. So creative commons licenses  are a type of license that covers your use. 00:16:18.560 --> 00:16:23.600 The details of these very briefly. The first,  00:16:25.360 --> 00:16:34.080 item in the upper left hand corner says CC and  then it says BY that's the indication that they   00:16:34.080 --> 00:16:39.760 say that you're welcome to use the resource as  long as you say who has created it who it is by.  00:16:40.880 --> 00:16:49.360 One other example says CC BY ND. ND stands  for no derivatives. So in this case, you couldn't   00:16:49.360 --> 00:16:56.400 take the butterfly garden presentation my  grandmother has created and then add to it   00:16:56.400 --> 00:17:02.320 for Virginia because my grandmother has said  that you cannot add derivatives to it. You may   00:17:02.320 --> 00:17:08.880 only use it in the manner that she has created it. As long as you give her attribution because the   00:17:08.880 --> 00:17:13.440 BY is also there. So these licenses stack and  you can mix and match them in different ways.  00:17:14.240 --> 00:17:20.560 Another reason to understand creative commons  licenses is that you may add these licenses to   00:17:20.560 --> 00:17:26.160 the works that you create so that way you don't  need to have somebody track back to you and ask   00:17:26.160 --> 00:17:30.480 permission. You can send your works out into  the world with your permissions already stated. 00:17:31.040 --> 00:17:38.160 So you are a copyright holder you have created  content and then in the future when you want to   00:17:38.160 --> 00:17:43.440 be really fancy about stuff you can add creative  commons licensing to be able to say what you want   00:17:44.080 --> 00:17:49.840 to have other people have access to what you're  making. I encourage you for anything that   00:17:49.840 --> 00:17:55.760 you're creating for Extension Master Gardeners  to be able to apply a license that is as open   00:17:55.760 --> 00:18:02.000 as you can make it that allows as many things  to happen with it as you can because it is good   00:18:02.000 --> 00:18:07.680 practice to be able to share and be open as  part of the land grant tradition and mission.   00:18:09.600 --> 00:18:14.640 However there might be times where it is  most appropriate to be able to keep copyright   00:18:14.640 --> 00:18:20.000 and not allow it to be as open that's something  that you need to discuss as you go but as a   00:18:20.000 --> 00:18:24.960 default I say that anything that we're creating  in this space should be as open as possible 00:18:24.960 --> 00:18:31.200 because our intent is to advise, educate and share  resources this is a way to be able to do that. 00:18:34.720 --> 00:18:37.920 When you're considering copyright  a fourth question to consider is   00:18:37.920 --> 00:18:42.800 my use covered by fair use you need to know  what fair use is and so again there's another   00:18:42.800 --> 00:18:48.880 module that dives into fair use much more  deeply on the top level the idea of fair use   00:18:48.880 --> 00:18:58.240 is is the use that you're putting to it fair  as laid out by the law so the idea to be able   00:18:58.240 --> 00:19:04.880 to know if something is fair use or not is  to be able to balance all of the reasons   00:19:04.880 --> 00:19:11.600 that you're using it against the benefit or harm  that could come to the person that's created it. 00:19:15.040 --> 00:19:21.680 Here's some more details around that  transformative and um aspect of how   00:19:21.680 --> 00:19:26.960 you're using things so just two questions  to ask has the material you've taken from   00:19:26.960 --> 00:19:32.320 the original work been transformed by  adding a new expression or meaning and   00:19:33.120 --> 00:19:38.160 was the value added to the original by  creating new information insights or   00:19:38.160 --> 00:19:44.480 understandings or new aesthetics does it look  very different something to be able to consider.   00:19:46.160 --> 00:19:50.320 If you'd like more information about copyright,  we certainly have more information available   00:19:50.320 --> 00:19:58.960 at the library. Please come and come and check  it out and look over more details. There is a   00:20:00.240 --> 00:20:06.240 way to be able to weigh  their use with some of the um   00:20:07.120 --> 00:20:10.960 mechanisms that we have in place so there's like  tick boxes that you might be able to see on the   00:20:10.960 --> 00:20:18.640 screen here in this this shot and so it says if  you can tick more boxes in the favors fair use   00:20:18.640 --> 00:20:23.680 side then that gives you an idea if you have  to tick more boxes on the opposes fair use   00:20:23.680 --> 00:20:29.440 that gives you an understanding of that as well.  There's another tool that's available. The fair   00:20:29.440 --> 00:20:36.240 use evaluator that takes you through a much more  detailed structure and then you can actually print   00:20:36.240 --> 00:20:40.880 out your results to be able to attach them to what  you're doing to be able to say, hey I considered   00:20:40.880 --> 00:20:46.320 this. It showed me fair use with what I have and  then you can move forward at that point in time   00:20:47.360 --> 00:20:52.240 Is it necessary to do a fair use evaluator for  what you're doing for extension master gardeners.   00:20:53.040 --> 00:21:01.040 Maybe for doing presentations to local audiences  when you're in a strictly teaching capacity   00:21:01.040 --> 00:21:05.920 it's probably not likely if you're trying  to create publications that are going to be   00:21:05.920 --> 00:21:11.120 published in a very broad way doing a fair use  evaluation might be useful you're welcome to   00:21:11.120 --> 00:21:18.560 contact me to be able to help you think about  that. And question number five, I understand   00:21:19.120 --> 00:21:24.640 why it is structured as the last question because  you do want to make sure that you don't need to   00:21:24.640 --> 00:21:30.560 ask permission first but there's a part of me that  says we should have talked about this first. Do you   00:21:30.560 --> 00:21:37.680 need permission from the copyright owner for the  use that you're putting it to part of the licenses   00:21:37.680 --> 00:21:44.080 and the examples of what we've talked about before  is the way that the copyright owner is giving us   00:21:44.080 --> 00:21:49.680 permission by putting a CC BY license on  something they are already showing us how   00:21:49.680 --> 00:21:55.040 they're giving us permission to do something and  so if they haven't done that kind of licensing   00:21:55.040 --> 00:22:00.720 where it's automatic for machines to read and  for humans to read we might need to actually ask   00:22:02.080 --> 00:22:07.600 the person who's created it if we could  have permission to be able to use it.  00:22:08.800 --> 00:22:13.680 Finding their contact information, reaching out  to contact them, waiting to hear back from them   00:22:13.680 --> 00:22:19.840 and then they might say sure you can use it but  you have to pay me $300, takes a lot of work so I  00:22:19.840 --> 00:22:25.360 do think it's appropriate to consider this last  step last because I think it should be the last   00:22:25.360 --> 00:22:31.280 thing that we should reach for there are many  other wonderful opportunities and options before   00:22:31.280 --> 00:22:36.160 reaching out to contact people directly that will  allow us to be able to do our work fairly well.  00:22:37.520 --> 00:22:42.400 So I hope at this point in time, this has been  an overview of copyright that has helped you   00:22:42.400 --> 00:22:48.480 understand some basics, understand how copyright  connects to extension master gardeners and their   00:22:48.480 --> 00:22:58.320 work and how this can help you uh do some of that  work better and with less worry and concern and at   00:22:58.320 --> 00:23:05.520 any point in time you have more questions please  feel free to reach out and thank you for your time.