copyright and fair use 2009

Copyright and Fair Use

Marietta City SchoolsMedia Program

What is copyright?

Actual Federal Law: Title 17, United States Code, Public Law 94-553, 90 Stat.2541

Protects all forms of expression that are put down in some type of concrete form. The law has changed almost every year

since 1976.

http://www.copyright.gov/

So What?

Federal offense to break the lawExpensive mistake

Lawsuits go up chain of command

Penalties for Infringement

Fines from $750-$30,000 PER INFRINGEMENT

Felony conviction in some instances

Schools can use any copyright protected material they wish because they are a school.

Using materials is okay if you don’t make a profit.

Misconceptions

From “10 Big Myths About Copyright Explained” http://www.templetons.com/brad/copymyths.html

Promoting someone’s work by distributing copies is justification for free use.

Materials used “for the good of kids” absolves one of copyright liability.

Misconceptions

Misconceptions

If it doesn’t have a copyright notice, it’s not copyrighted.

If I don’t charge for it, it’s not a violation.

Misconceptions

If I make up my own work, but base it on another work, my new work belongs to me.

What CAN I Use?

Materials in the Public Domain

Passes out of copyright law Fair for anyone to use for any reason.

Works from authors who died before 1937 Works created before 1887

Works published before 1978 without a valid copyright notice

Works the author has granted freely to the public domain

Materials with Creative Commons Licenses

CC came into existence in 2002 as an alternative to full copyright.

Grant certain "baseline rights“ such as the right to distribute the copyrighted work without changes, at no charge.

Most want credit only. Know the symbols.

Obtain Permissions

Can contact the author or publisher directly Can get permission to use books and

journals through the Copyright Clearance Center http://www.copyright.com/

Purchase public performance rights through Movie Licensing USA http://www.movlic.com/

Otherwise……

Rights of the Creator of the Copyrighted Work

The Creator Has Sole Rights toReproduction- copies

Adaptations- change workDistribution- giving out/selling

Public PerformanceDisplays

Four Tests of Fair Use Character of Use- Education Nature of Work- Factual, creative,

published, unpublished Amount of Work Used Effect on Market Value- Who loses

money

Criteria

What are the guidelines?That depends on what medium

we are talking about…

Fair Use Guidelines

FAIR USE IN THE CLASSROOM

FOR SCHOLARLY RESEARCH USE IN TEACHING (face-to-face instruction) USE IN PREPARATION TO TEACH A CLASS USE IN CLASSROOM DISCUSSION PRESENTATION AT PEER WORKSHOPS AND

CONFERENCES PERSONAL USES (job reviews or interviews)

FAIR USE-SINGLE COPYING FOR TEACHERS

1 CHAPTER FROM A BOOK 1 ARTICLE FROM A PERIODICAL OR

NEWSPAPER 1 SHORT STORY, SHORT ESSAY OR

SHORT POEM 1 CHART, GRAPH, DIAGRAM, DRAWING,

CARTOON, OR PICTURE FROM A BOOK, PERIODICAL OR NEWSPAPER

FAIR USE-MULTIPLE COPYING FOR TEACHERS

1 COPY PER PUPIL

FAIR USE-MULTIPLE COPYING FOR TEACHERS

MEETS “BREVITY” TEST (the amount being copied)– Poem: Less that 250 words or two pages or less– Article, Story, Essay: Less than 2500 words– Text: Not more than 10% of the work or 1000

words, whichever is less– Illustration: 1 per book or issue

FAIR USE-MULTIPLE COPYING FOR TEACHERS

MEETS “SPONTANEITY” TEST (How quickly do you need it?)– Based on immediate needs of teacher– Can’t copy and save it for undetermined amount

of time

FAIR USE-MULTIPLE COPYING FOR TEACHERS

MEETS “CUMULATIVE EFFECT” TEST (harm to potential market of an author)– For only one course or subject– No more than one work from one author– Can only do this nine times over a year

FAIR USE-MULTIPLE COPYING FOR TEACHERS

COPIES SHOULD INCLUDE A NOTICE OF COPYRIGHT– Who wrote it/did it?– What is it you are copying?– When was it published?– Where was it published?

FAIR USE No-No’s

Cannot replace/substitute a work, esp. books or periodicals that can be purchased

Cannot copy consumables (without express permission from publisher)

Cannot charge students money over the amount needed to make copy

Cannot be ordered to copy by higher authority Cannot copy same work for more than one semester, class or

course Cannot use copyrighted work for commercial purposes Cannot use copyrighted work without attributing the author

Special School Situations

Must occur in the course of face-to-face teaching activities

Excludes long-distance learning

Special School Situations

DISPLAYS Cannot use, recreate syndicated comic

strip or cartoon characters for bulletin boards, hallways, cafeteria walls, or

library displays

“My Bulletin Board” From magandafille's photostream on flickr.com, April, 2006

Special School Situations

AUDIO No narrating of an entire story.

You cannot make your own “books on tape” No copying of tapes or CDs for any reason unless

to replace a damaged copy already owned.

“Tape Recorder” from isriya's photostream on flickr.com, April, 2008

Videos

•Viewing must take place in a classroom or similar place for instruction,

•Must be of a legally acquired (or legally copied) copy of the work

•Must be shown in face-to-face teaching situation

Marietta City Schools Video Rules

You may only show movies purchased by the school for school use. No rentals and store bought “For Home Use” videos/DVDs are allowed.

You may not show full length feature films in their entirety to students but may show clips for instructional purposes related to the GPS not just for entertainment or reward.

Can’t show any Disney unless it has been purchased through Disney Educational Productions

Music

Cannot copy sheet music if you can buy it.

Cannot reproduce or convert works to different mediums

(MP3s)

•You can use up to 10% from records, cassette tapes, CD’s,

and/or audio clips

Software

If purchased, can be installed on machines or via network = to number of licenses.

Can make copies for archival use or to replace lost/damaged/stolen copies.

Once installed it becomes school property. Can’t install a program from CD or floppy disc if it is

already installed in one place (unless you have a site license)

Internet

Images for student projects or teacher lessons (cite sources

when you can) Sound files/video (10%)

•Reposting images on the Internet without permission.

Multimedia/Video Projects

Inserted material can equal 10% or 3 minutes of the total original work

Television

Regular local VHF and EHF channels (local channels) taped at school or home can be shown. Must include all copyright

information. Making copies to use in different

classrooms at same time.

Television

•Cannot tape cable channels like Disney, Nickelodeon, Discovery,

etc.

•Cannot tape same program multiple times

•Cannot use after 45 days.

Television

Students must view program during the first 10 school days –

1 time for instruction, 1 time for reinforcement.

During other 35 days, teacher can use for evaluation of students.

What do students need to know?

When you take notes or write a paper, write down the information in your own

words To give credit where credit is due

Instructors should teach students to cite resources within reports and

through bibliographies

What do students need to know?

Recommended citations styles:

K-5 MLA6-12 MLA and APA

References

Board of Regents of the University System of Georgia. (2006). Regents guide to understanding copyright & educational fair use. Retrieved June 19, 2006 from www.usg.edu/legal/copyright/

 Griffin-Spalding County School System. (2004) Media specialist handbook. Griffin, GA.

 Griffin-Spalding County Schools. (1998) Questions concerning copyright

compliance [Brochure]. Griffin, GA.  Simpson, C.M. (2005) Copyright for schools: A practical guide. Worthington,

Ohio: Linworth.

O’Mahoney, B. (2005). Copyright website. Retrieved June 19, 2006 from http://www.benedict.com/

Templeton, B. (2008). 10 big myths about copyright explained. Brad Templeton’s home page. Retrieved August 31, 2009 from http://www.templetons.com/brad/copymyths.html

All Photos courtesy of Microsoft Office unless otherwise noted.

From “10 Big Myths About Copyright Explained” http://www.templetons.com/brad/copymyths.html