Presentations

Who Put The “Copy” In Copyright?

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At 3:00pm on 3/22/2018, I presented Who Put The “Copy” In Copyright?, and Co-Presented with Carla Osborne, at the 2018 North Carolina Computer Instruction Association Conference in At Asheville-Buncomb Technical Community College in Asheville, NC.

Who Put The “Copy” In Copyright?

In our presentation, we discussed the history of copyright as well as current methods, issues, and solutions for teachers. Along the way we answered a fair amount of hefty questions, and afterward we had a nice question and answer session with recipients.

A Quick History of Copyright

  • Gutenburg Press and Angry Monks
  • 1710 Copyright Act: The Statute of Anne
  • 1790 First Copyright Law: Article 1 of the US Constitution
  • 1976 The Copyright Act: What we know today
  • DMCA: Digital Millennium Copyright Act

There are three types of formalities when it comes to Federal Copyright law: notice, deposit, and registration. Deposit and registration are the things that give copyright owners the ability to enforce a copyright in court. Notice is important because people erroneously think the absence of a copyright mark is the absence of ownership, therefore copyright protections would not apply.

If a work was published before 1978 (when the 1976 Copyright Act took effect) the work was subject to common law and federal copyright protection. This meant that if the work was required to have a copyright notice affixed if they were published. Unpublished work was protected by common law and if the work was published without “proper” copyright protection, that meant the work entered public domain. In short, there were a lot of formalities that could be misunderstood or misused.

Why Is Copyright Important?

More importantly:
Why do we have to learn about this stuff?

But your honor, if you take away our right to steal ideas, where are they gonna come from?

Foster Ideas While Protecting Your Rights

  • Knowing about copyright helps you know your rights,
  • What material is available to you,
  • How to credit writers, photographers and other artists,
  • How to be ethically responsible,
  • How not to infringe on existing copyright. Not knowing copyright laws and restrictions doesn’t absolve you from breaking the law.

How Copyright Might Affect You

Things that determine whether or not you can copyright a work

1.Eligibility (Is your work eligible for copyright in the first place?)

2.Fixation (Not in a perverted sense — Is the work tangible?)

3.Human Authorship (Really, it has to be created by a human. No joke)

4.Copyrightable Subject Matter (Copyrightable material has to fall into one of several categories)

5.The Originality Requirement (Originality is “the bedrock principle of copyright”)

6.Independent Creation (No copy cats!)

7.Creativity (Which should go without saying)

What Is Taken Into Account

  • They do not consider the potential for income, whether the work is a novelty, aesthetic or artistic values, symbolism, or the look and feel of a work.
  • “Authorship” is the term used to describe material considered for copyright, even if the work isn’t written. Authorship is established by considering if a work is original and if it’s tangible.
  • It’s easy to determine if something is fixed or tangible. It’s harder to determine if something is original.
  • If you have a cool idea, but you don’t create something tangible, you can’t copyright that idea.
  • Conversely If you do create something tangible that conveys your idea and someone says, “Hey! I had that idea!” they’re cannot claim copyright.
  • Fixation determines if and when copyright is established. Is it possible for two or more very similar ideas to be created by different designers? Of course, but first it must be established whether or not these ideas are truly original.
  • If they are, then the moment they were created is when they become copyright protected

12 Things You Cannot Copyright

1.Works that have not been fixed: a work communicated solely through conversation that has not been filmed, recorded, written, or transcribed.

2.Works that lack human authorship (We weren’t kidding about this.): paintings done by cute kittens for an SPCA fundraiser. Another example is reducing or enlarging the size of an existing piece of art using a machine or mechanical means (because the robots aren’t human and haven’t taken over. Yet.)

3.Ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries: This is a biggie. Just because you have a great idea doesn’t mean that idea is protected while it’s still rolling around in your noggin. Make it tangible if you want it copyright protected as intellectual property.

4.Facts: Since they aren’t generated by human authorship. The jury is still out on facts by animals. However, if you (not your dog) write a book using facts or about facts, that work is copyrightable.

5.Wait for it…. Typeface and Mere Variations of Typographic Ornamentation: Yes, the use of “mere” is slightly insulting, since designers appreciate well-designed type, but copyright doesn’t cover typefaces or calligraphy. But, if you create a pictorial work or graphic work using calligraphy that is sufficiently original, it may be eligible for copyright protection.

a)Format and Layout: Verbatim, from the Compendium of the U.S. Copyright Office Practices, Third Edition 3 (E):

  1. As a general rule, the U.S. Copyright Office does not accept vague claims of “format” and/or “layout.” The general layout or format of a book, a page, a slide presentation, a website, a webpage, a poster, a form, or the like, is not copyrightable because it is a template of expression. These terms should be avoided and, if used, will be questioned by the registration specialist.

    But, wait. Sometimes there are exceptions:

b)Copyright protection may be available for the selection, coordination, and/or arrangement of specific content, such as a compilation of artwork or a compilation of text, provided that the content is arranged in a sufficiently creative manner. However, the claim would be limited to the selection, coordination, and/or arrangement of that specific content, and it would not apply to the format and layout itself.

6.Mere Copies: There’s that word again. But in this case it applies. If it’s a copy, it’s not original, which defeats the point of copyright protection. Examples include photocopies and scans of photographs or exact copies of artwork.

7.De Minimis Authorship: This just seemed like a fun term, so we threw it in there. The term roughly translates to “the law does not take notice of very small or trifling matters.” The short version is, “This is not original enough to be worth the trouble.”  Examples include touching up an old photograph in Photoshop without adding noticeable artistic touches, or using a public domain photograph to make one of those inspirational posters that were big in Stephen Covey’s heyday. Ironically a parody of such a poster would be protected under copyright.

8.Words and short phrases: You can’t copyright a name of a person or business, slogan, title, domain name, or the name of a product of service, not matter how cool or outlandish it is.

9.Familiar Symbols and Designs: Among other things, “Well-known and commonly used symbols that contain a de minimis amount of expression or that are in the public domain, such as the peace symbol, gender symbols (♀ ♂), the symbols for “play, pause, stop, forward, back,” simple emoticons such as the typical smiley face (☺), or the like. This is something to keep in mind when you’re creating social media campaigns.

10.Mere Variations of Coloring: There’s that word again! Making something a different color isn’t going to make it original enough to qualify for copyright protection.

11.Government Works: There are some exceptions, but if a work is created for the U.S. Government, it cannot be copyrighted. However, this doesn’t mean that if you use a government work you shouldn’t cite the source. Copyright and credit are two different things.

12.Works in the Public Domain: Works can be in the Public Domain for a variety of reasons (lack of registration, expired registration) but they may not be copyrighted. However, a derivative work containing public domain material may be registered if it contains a sufficient amount of original authorship. What qualifies as “derivative work”? We’re glad you asked. That will be covered shortly.

Your Intellectual Property

Your work is considered, by law, copyright protected from the instant it is fixed, or tangible, if it’s eligible for copyright. While that sounds easy enough, proving that in court is an entirely different matter. There are some things you can do to protect yourself and your work:

1.Always include copyright information on your work, including sketches, with the following:

Copyright/Copr./© + first date of publication + name of the copyright owner
For example, © 2017 Your Name

2.Keep good records, both in digital and paper form.

3.Register your copyright with the Copyright Office either online or by filing a paper application. This is the method that puts the burden of proof on the infringer, should a copyright be legally contested.

Your work is considered, by law, copyright protected from the instant it is fixed, or tangible, if it’s eligible for copyright. While that sounds easy enough, proving that in court is an entirely different matter. There are some things you can do to protect yourself and your work:

Develop workflow habits, such as using the metadata options in Adobe Photoshop and Bridge, to add copyright information. Integrate copyright into project management.

OPP — Other People’s (Intellectual) Property

If you do not see a copyright listed with a photo or illustration, that doesn’t mean it is free to use.

It’s your responsibility to make sure you are not using copyrighted works without the permission of the copyright holder.

Fair Use And How To Play Nice

The concept of Fair Use is not to circumvent copyright requirements, but to allow use of copyrighted works for educational and informational purposes. Be warned that Fair Use isn’t carte blanc. You have to consider four components when deciding whether an image or graphic falls under the copyright exception of Fair Use:

 

1.the Purpose and Character of the use; including whether such use is of a commercial nature of 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.

 

The questions are posed in sequential order. All four factors must be weighed in your decision of whether or not to consider use of copyrighted material.

Leibovitz v. Paramount Pictures Corp.

Vanity Fair cover using Leibovitz’s photograph of Moore is on the left. On the right, Nielsen’s head is superimposed over the body of a model hired by Paramount. Leibovitz sued because she felt it diminshed her work and her hirability because people might think she supported the movie and worked on its active marketing. Judges ruled that no one would seriously think that this was male actor Leslie Nielsen, and the case was thrown out.

The Barack Obama “Hope” poster is an image of Barack Obama designed by artist Shepard Fairey. On February 29, 2012, Fairey pleaded guilty in a New York federal court to destroying and fabricating documents during his legal battle with the Associated Press.

Sources You Can Use

If you post it, they will come (and download it).

How can you find images that don’t infringe on copyright?

  • A good place to start is Creative Commons, which was created in the spirit of creative collaboration.
  • You may also go straight to the source and ask the copyright holder for permission to use, which may include a request for payment to do so.
  • Public domain sources offer a surprising number of high quality images and graphics.

If you choose to purchase images through a stock website, read the fine print. Royalty free doesn’t mean no strings attached, more likely you’re purchasing a limited license to use that image. Some stock photography sites limit the use to certain mediums, while others will not allow more than a specified number of copies to be made.

A Word About Type

AIGA Professional Practices in Design gives the following advice:

  • Make sure you have the license to use fonts.
  • If you want to use a font that isn’t installed on your computer, you must ensure that you have a license to install the font, or else acquire a license to do so.
  • Contact the type foundry or supplier of the font if you have questions.
  • Don’t lend or give a font to others to use.

Giving Credit Where Credit Is Due

Unless it is expressly stated that no attribution is needed, you should always credit the creator of any work you use. The credit should be given in such a way that it’s reasonably easy to read. If you’re not sure about how the credit should read, double check with the copyright holder.

Creative Commons has a tiered licensing system and detailed instructions on how to credit work.

Licenses From Least Restricitve to Most Restrictive

  Attribution CC BY

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation.

  Attribution-ShareAlike  CC BY-SA

This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms.

  Attribution-NoDerivs CC BY-ND

This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.

  Attribution-NonCommercial  CC BY-NC

This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

  Attribution-NonCommercial-ShareAlike CC BY-NC-SA

This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

  Attribution-NonCommercial-NoDerivs  CC BY-NC-ND

This license is the most restrictive of the six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

 

Infringement Happens. What’s A Teacher To Do?

Often infringement is born out of ignorance, not malice. That doesn’t excuse misuse, unauthorized use, or misappropriation. Regardless of intent, infringement constitutes plagiarism

Infringement Happens. What’s A Student To Do?

If you are suffering from copyright infringement, what’s the best course of action? There’s no quick and easy answer to that question.

It’s dependent on how well you’ve documented your work and whether or not you have registered, or are in the process of registering, your work with the Copyright Office. But make no mistake, if your work is in tangible form, your work is considered copyrighted.

Ask Permission, Not Forgiveness

It’s pretty much that simple.

If you seek permission and adhere to copyright guidelines, you’ll be in compliance. It’s much better to ask permission than forgiveness.

Sources To Explore

Copyright Law in a Nutshell, Mary LaFrance

Copyright.gov: Compendium: Chapter 300.

https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

2016 USCA National Distance Learning Week Virtual Conference, Tucker Taylor, Head of Circulation at Thomas Cooper Library, University of South Carolina, Aiken.

The Graphic Artists Guild Handbook: Pricing and Ethical Guidelines, 14th edition

The Copyright Book: A Practical Guide, Sixth Edition, William Strong

AIGA Professional Practices in Graphic Design

https://creativecommons.org/licenses/

https://en.wikipedia.org/wiki/Statute_of_Anne#cite_note-citation-1

The act is numbered as 8 Ann. c. 21 in The Statutes of the Realm (published 1810–25), based on the original Parliament Rolls; but as 8 Ann. c. 19 in Ruffhead‘s Statutes at Large (published 1763–65; and later editions), based on the copies of acts enrolled in Chancery. Both forms of citation are acceptable, and both are found in reputable secondary sources.

SafeAssign and other tools

What do you use to monitor copyright compliance? SafeAssign is a fine way of ensuring that materials are original- at least as much as can be. In some cases, a single student may copy their material from an internet source without quoting, and then we may find that numerous others would then copy off their paper, there are ways in which several students can cheat without all of them being caught.

Another University Issue

NC State was once found to be among the largest institutions with Video downloads from the internet. As a result of being outed, the school came up with a larger, more clear copyright statement on the footer on their web pages. While we’d all rather see this say “CAN I use copyrighted material” rather than “HOW CAN I use copyrighted material”, they’ve done a great job here.

Questions?

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Winning, One Program at a Time: A Systemic Approach

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At 10:00am On 11/8/16 I attended Winning, One Program at a Time: A Systemic Approach presented by Kay Zimmerman & Adam Schultz at the 2016 USCA NDLW Virtual Conference.

Winning, One Program at a Time: A Systemic Approach

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When formulating the best way to invest marketing dollars into DE student recruitment initiatives you can ‘wing it,’ or you can look to the numbers to build a value-driven system. By utilizing a unique sequence of university and program-based marketing support, you can meet your online and DE student enrollment goals on a budget! This presentation should show us a simple but highly effective online and DE program level marketing system, showcase real life case studies and lead attendees through a collaborative Q&A session to guide them through the thought process for how to apply these concepts to their own programs.

This session was basically a show-and-tell coupled with a large advertisement :(. It started with this:

Press Release

DURHAM, NC (PRWEB) SEPTEMBER 08, 2016

Verified Studios today announced that it will share the results of its multi-year partnership with NC State University’s Distance Education Learning Technologies Applications (DELTA) office during the November USC Aiken National Distance Learning Week (NDLW) Virtual Conference.
Over the last two years, the Durham-based digital marketing agency has guided deployment of a scalable, low-cost, high ROI program-level marketing system across 18 NC State online and distance education programs. At the Distance Learning Administration (DLA) Conference in June 2016, CEO of Verified Studios Adam Schultz joined Kay Zimmerman, Associate Vice Provost DELTA-Marketing & Partnership Development Marketing and Partnership Development, to share the results of this partnership and the resulting paper, “Winning One Program at a Time: A Systemic Approach,” won the Conference’s Best Paper Award.

“The results of the partnership between NC State and Verified Studios are a perfect fit for this year’s conference as our theme is Practical Applications towards Building Quality Online Courses,” said Dr. Veronica Outlaw, coordinator of the 2016 USC Aiken NDLW Virtual Conference and Director of Distance Learning at the University of South Carolina Aiken. “The only way to continue to offer quality courses is to have the enrollment numbers that prove return on investment in distance learning.”

“At Verified, we’re focused on not only helping our individual partners leverage digital marketing to meet their strategic goals but also on establishing best practices that can guide the higher education industry as a whole,” adds Adam Schultz. “We appreciate the opportunity to share the results of our program-level strategic marketing project with an extended audience.”

Verified Studios has worked with many institutions of higher education, including Duke University and Appalachian State University, among others. Learn more about how the Durham-based agency helps its partners leverage digital marketing to meet their strategic goals at http://verifiedstudios.com.

This showed some information for the services provided by verified studios, but Came to a divisive point when Kay asked “Would this work for you and help you meet your enrollment projections?” There was a pause, which caused one teacher to ask in return: Could you use any of these in your courses?

Short thereafter, Kay asked “Do you presently meet the online and DE program/courses enrollment projections?” another large pause occured, and the woman from earlier said what was on many of our minds “@Kay, How would we know the answer to your question?”.

In all honesty, I wouldn’t know the answer, and I have been teaching here for over a decade. What are our projections? Do we have projections? Do we have a department which handles this? Do we have a strategic marketing and student recruitment plan? I’m not exactly sure. I certainly hope that if we do, we are beating those expectations.

While this was mainly a case of how verified studios was able to help NCSU, I think it did open up some good fodder for discussions here.

Online Discussions: Moving from Compliance to Engagement

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At 11:00am On 11/7/16 I attended Online Discussions: Moving from Compliance to Engagement presented by Dr. BethRene Roepnack at the 2016 USCA NDLW Virtual Conference.

Online Discussions: Moving from Compliance to Engagement

Dr. Bethrene began her topic by discussing how many of us used online discussions and pointing out some issues. She went on to outline how online discussions could be ideal places for engaging with students and content, but the ‘post and respond to two’ format often interferes with how real conversations take place. She further went on to talk at length about how the discussions become time consuming requirements. Many students quickly move through these and

We will review how changing the structure of online discussions and opening up the questions, can move students (and faculty) from mere compliance with online discussion requirements to development of meaningful conversations that promote cognitive and social engagement. We conclude with time saving tips and how we can create a space to ‘let learn’, while maintaining a presence in online discussions.

The notes for this were extremely dense, so I’ve included the Massive slide deck here:
Online Discussions – Moving from Compliance to Engagement – PDF Document

How To Teach Graphic Design Online

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On March 9th 2016, I Presented to the NCCIA at 10:30am with Carla Osborne, MA and Julie Evans, Instructors of Advertising & Graphic Design at Wake Technical Community College, in RM235 in the 600 building at Rowan Cabarrus Community College in Salisbury, NC.

Tyler Dockery, MAEd, Assistant Professor of Advertising & Graphic Design, Julie Evans, and Carla Osborne, MA present at the 2016 NCCIA Conference in Salisbury, NC
Tyler Dockery, MAEd, Assistant Professor of Advertising & Graphic Design, Julie Evans, and Carla Osborne, MA present at the 2016 NCCIA Conference in Salisbury, NC

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StepUpToADegree-GRD TeachingGraphicDesignOnline-PDF (1)

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This session was set to be a slight scary one, but the attendees were nice, ready to ask and answer questions, and open to taking notes. Tee experience was very, very positive one. I believe we’ll be doing this again, and I find that these situations seem stressful on the outside, but once you begin… its just as easy as it could be.

This conference opened the door for me.I look forward to presenting more in the future.

 

GDA Lecture: Adobe Illustrator How-To

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On February 18th, Tyler Dockery spoke to the GDA about Adobe Illustrator and gave one-on-one help to students new to Illustrator.

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GDA Lecture: Adobe Illustrator How-To

While I would love to tell you that this was a standing-room only lecture, the odd timing with the school day made this a handful of people only. As this was posted as a beginner tutorial, students with illustrator experience did not show, and since we were running a class of illustrator at the time, it made for a small but charged group.

Together, we gauged the room too find that everyone was already familiar with the pen tool from the photoshop classes that we teach. So, with a few subtle nuances of the pen tool to teach at a rapid pace, we began discussing shapes and the pathfinder tools. Students in such a small environment were able to quickly and easily find the pros of using these two tools together.

Moving onto text and creating outlines, we undertook a simple exercise of creating a d in futura and adding a leaf onto it with the pen tool by combing text outlines and shapes with the pathfinder tool. We then filled this with a green-to-brown gradient and used the paste-inside command to add grey rock images below the brown to create an environmental letter.

Although students were already familiar with illustrator as a thing, many stated they were very excited about going home and trying it out on their own projects.

We then talked about live trace (live paint) for a few minutes, and talked about the distinct differences with bitmap and vector imagery. Students left excited and full of ideas.

Adobe Education Exchange: Adobe Certified Educator Badge

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Adobe Education Exchange Adobe Certified EducatorAdobe Education Exchange: Adobe Certified Educator Badge

“As a contributing member of the Adobe Education Exchange, Tyler Dockery has received visible recognition for his level of commitment and participation. Adobe is proud to feature a leaderboard function and badge recognition to members who’s mission is to serve the community of educators by maintaining a high level of activity.”

As part of my course on Digital Creativity in the Classroom, I began contributing to Adobe’s Education Exchange. In an effort to show milestones and fulfillment as part of this community, Adobe provides rewards and achievements in the form of badges. This badge was awarded for having achieved the rank of Adobe Certified Educator.

The Adobe Certified Educator certification shows that you have already demonstrated proficiency in Adobe digital communications tools, and have been teaching those tools for 2+ years (24 consecutive months without a break). Becoming a Certified Educator allows you to stand apart from your peers, boost your confidence, and expand your career opportunities.

At this time, it was verified that I had achieved Adobe Certified Educator Certifications in:

  • Visual Communication Using Adobe Photoshop
  • Web Authoring Using Adobe Dreamweaver
  • Graphic Design & Illustration Using Adobe Illustrator
  • Video Communication Using Adobe Premiere

Adobe Education Exchange: ACA Badge

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Adobe Education Exchange ACAAdobe Education Exchange: ACA Badge

“As a contributing member of the Adobe Education Exchange, Tyler Dockery has received visible recognition for his level of commitment and participation. Adobe is proud to feature a leaderboard function and badge recognition to members who’s mission is to serve the community of educators by maintaining a high level of activity.”

As part of my course on Digital Creativity in the Classroom, I began contributing to Adobe’s Education Exchange. In an effort to show milestones and fulfillment as part of this community, Adobe provides rewards and achievements in the form of badges. This badge was awarded for having achieved the rank of Adobe Certified Associate.

The Adobe Certified Associate (ACA) certification allows you to demonstrate proficiency in Adobe digital communications tools. Become a Certified Associate and stand apart from your peers, boost your confidence, and expand your career opportunities.

At this time, it was verified that I had achieved Adobe Certified Associate Certifications in:

  • Visual Communication Using Adobe Photoshop
  • Web Authoring Using Adobe Dreamweaver
  • Print & Digital Media Publication Using Adobe InDesign
  • Graphic Design & Illustration Using Adobe Illustrator
  • Video Communication Using Adobe Premiere