Written text. (CORRECT ANSWER)

Answer Key

Question 1. I own the copyright over my work on TpT without taking extra steps like formal registration.

True. You don't need to take any official registration steps in order to own the copyright to what you created. You automatically have rights in your work once you've created the work in a fixed or physical form (i.e not just the idea of the work). That being said, officially registering your work with the U.S. Copyright Office can make it easier to defend your rights in a claim of infringement by someone who might be using your work in an unauthorized way. Check out this FAQ for more on this:

Question 2: I can freely use Google images in the resources I create for my TpT store.

False. Images you find on Google or elsewhere online still fall under the same rules of protection. You'll need to determine whether the image is in the "public domain" or whether you have a fair use exception to use it freely. Otherwise, you'll need permission from the creator to use it. If you're looking for imagery to help design your resource, keep in mind that there are lots of talented clip artists and designers offering their work on TpT to Teacher-Authors like you. Many of them will include terms of use or licensing terms with their content that explain how the content can be used, so that's always a great place to start if you have a question.

Question 3. Because I'm a teacher, the "fair use" exception for educational use applies to my TpT resources.

False. There is a fair use exception that applies to the use of copyrighted material for educational purposes. Generally speaking, this exception allows teachers a limited right to use copyrighted material for instructional purposes. This exception is fairly narrow, and doesn't extend to a Teacher's commercial use or redistribution of the material, which means it doesn't allow you to post that material on Teachers Pay Teachers. In general, "fair use" is an exception to infringement that recognizes that some uses of copyrighted material are ok, and not considered infringement. There are a few specific exception areas such as education and research, but generally cases are judged based on a series of factors such as the type or purpose of the use, how much of the material was used and so on. While the education exception is fairly narrow and not intended to cover commercial use, it may be possible for a general application of fair use factors to apply to your use of content you didn't create. For more on fair use and the factors, look here for some helpful information.

Question 4. In order to ensure that I'm respecting the intellectual property rights and the creativity of others when I post resources to my TpT store, it's important to:

Be original and find my niche. Don't just mimic what someone else has already done. Use content (text, images, graphics, photographs, titles, descriptions and so on) that I

created myself. Get permission from a copyright or trademark holder before incorporating any brand

names or content I didn't create. All of the Above. (CORRECT ANSWER)

All of the Above. All of these are super important principles and practices to keep in mind when you're creating resources for your TpT store. Your original voice and style are key to ensuring your resources are unique and respect the creative efforts of your peers. In order to ensure that you're following our policies and to avoid claims of infringement, the best approach to creating resources is to use only your own original content. We get that some of our Teacher-Authors seek out the work of great clip artists and designers to help design their educational resources. If you want to incorporate any images, graphics, text, or other copyrightable content that you didn't create, it's important to make sure you have the right to use it through the creators' licensing terms, explicit permission from the creator, or a fair use exception. Finally, be careful of referencing brand names in your resource titles and descriptions. If you want to incorporate a trademarked name into your work, it's important to make sure your use doesn't create any confusion around your association with the brand. It's best to check with the trademark owner's rules around how their name can be used by others.

Question 5. It's ok to refer to brand names in my resource title or description as long as the content of my resource is my own work.

False. Brand names are often protected by trademarks, so before you use a trademarked name you'll want to be sure you understand whether and how the company allows its name to be associated with other products. Trademarks (including brand names and logos) represent a company's brand identity and help customers identify the source of a product or product line (e.g. Apple? is the creator of the Macbook? computer). In order to prevent confusion about the source of a product, companies can limit the way others use their brand names and logos without their permission.

Question 6. If someone commits plagiarism it doesn't necessarily mean they've violated copyright.

True. Copyright infringement and plagiarism are not the same thing. Plagiarism is a term that refers to a violation of academic policies, while copyright infringement is a legal violation. While plagiarism

can arise when someone passes off the ideas of someone else as their own, copyright refers strictly to the unauthorized use of copyrighted material, which does not encompass ideas.

Question 7. As long as I cite or credit the source, I can use content without infringing on the copyright holder's rights. False. Citing or crediting a copyright holder alone (also know as "attribution") is not enough to avoid a copyright infringement claim. It's important to understand what exclusive rights the copyright owner is claiming in their work. Some copyright owners allow re-use of their content as long as credit is given, while others don't and you may need to seek actual permission to use it.

Question 8. Which of these is protected by copyright law? Titles and names. Written text. (CORRECT ANSWER) Layout, format and facts. Ideas, methods, concepts. All of the above.

Written text. Copyright protects "original literary, pictorial, or musical expression", including books, articles, and other written text, songs and musical compositions, and photos, videos, other other visual work. It's protection doesn't cover every aspect of these works. For example, copyright does not protect titles or short phrases so it's not uncommon for songs, books, and movies (copyright protected works) to have the same title. It also doesn't protect forms, templates, or facts which are often considered not to have the minimum amount of creative expression. Finally, copyright does not protect your original ideas or concepts behind your work. Your unique expression of that idea is what the law protects. So, while it wouldn't be ok for someone to make an exact copy of your work, the law wouldn't necessarily prevent them from using the same idea to create their own work.

Question 9. If I see other resources on TpT using a brand name or famous imagery, that probably means it's ok for me to do that, too.

False. You can't trust that it's ok to use content just because someone else is doing it. As always, it's super important to make sure that you have the right to use everything you include in your TpT resources. If there are resources on TpT that are using content from other sources, or referencing trademarked names, it may be that the Seller has licensed the right to use the content, has made a fair use determination, or has otherwise asserted their right to use the content. That Seller's right to the use the content doesn't mean that you have the same right. It's also possible that their use isn't ok and

TpT may receive a legal takedown notice reporting their work as infringing. If you're not the copyright or trademark holder, it's extremely difficult to know whether the use you're seeing is infringing or not.

Question 10. Which of the following statements about copyright and trademark is true? (Select all that apply)

Answer - Statements 1 and 3 are true, statements 2 and 4 are false 1. I need permission to use a trademark I don't own just like I need permission to use copyrighted content that I didn't create.

True: Just like with copyright, you do need permission to use another company's trademark.

2. Copyright and trademark are synonyms for the same thing.

False: Copyright and trademark are not interchangeable terms. While both are forms of intellectual property, they function in very different ways and protect different things. Trademarks are used to protect a company's name, logo, and other forms of brand identity from being used by other companies. This way, companies can prevent Buyer confusion around who is the source of a product or service. Trademarks help consumers associate products with a brand, and help companies create trust with their consumers. Copyright is used to protect someone's original artistic, literary, or musical work from being copied or reproduced without permission.

3. Trademark has to do with a company's brand identity and consumers' ability to identify the source of a certain product or service.

True: As explained above, trademarks represent a company's brand identity and consumers' ability to identify the source of a certain product or service.

4. Including a disclaimer when I use a trademark, and citing or attributing the source of copyrighted content will ensure I'm in the clear.

False: Including a disclaimer or simply citing or attributing the source of copyrighted content does not necessarily ensure your use of the trademark or copyrighted material is non-infringing. While it may be enough for some trademark or copyright holders, it's important to make sure your use falls into the licensing terms of the owner, or to get explicit permission for your use.

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In order to avoid copyright disputes, this page is only a partial summary.

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