Copyright Laws Copyright Laws in the in the

Public SchoolPublic School

William Allan Kritsonis, William Allan Kritsonis, PhDPhD

What is copyright?What is copyright?

Copyright gives authors and publishers Copyright gives authors and publishers the legal right to control the reproduction the legal right to control the reproduction of their workof their work

The LawThe Law

The Federal Copyright Law is expressed The Federal Copyright Law is expressed in 17 USC §§101 ET. Seq. This law in 17 USC §§101 ET. Seq. This law provides a copyright the moment provides a copyright the moment something is put in tangible form.something is put in tangible form.

The copyright affixes to the work the The copyright affixes to the work the moment it is written on paper, saved on moment it is written on paper, saved on disk, painted on canvas, recorded on disk, painted on canvas, recorded on tape, or exposed to film. tape, or exposed to film.

1976 Revisions to the 1976 Revisions to the LawLawand its effects on and its effects on teachersteachers

The 1976 revised copyright law does not The 1976 revised copyright law does not prohibit teachers from duplicating prohibit teachers from duplicating copyrighted material for classroom use.copyrighted material for classroom use.

Teachers may make a single copy for Teachers may make a single copy for scholarly use for class preparation.scholarly use for class preparation.

Teachers may make multiple copies for Teachers may make multiple copies for classroom use.classroom use.

Teachers may copy a chapter from a Teachers may copy a chapter from a book, a newspaper, magazine, a short book, a newspaper, magazine, a short story or a poem or chart, graph, diagram, story or a poem or chart, graph, diagram, cartoon, picture, and the like if the cartoon, picture, and the like if the following conditions are met.following conditions are met.

Conditions for Conditions for TeachersTeachers

The copying is at the instance and The copying is at the instance and inspiration of the teacher.inspiration of the teacher.

There is not sufficient time prior to use to There is not sufficient time prior to use to request permission from the publisher.request permission from the publisher.

The copying is only for one course in the The copying is only for one course in the school.school.

Each copy includes a notice of copyright Each copy includes a notice of copyright as it appears in the book or periodical. as it appears in the book or periodical.

Complying with Copyright Complying with Copyright GuidelinesGuidelines

School Personnel May School Personnel MayMake multiple copies for classroom use of the Make multiple copies for classroom use of the following:following:

250 words or less of a poem250 words or less of a poem

Complete prose works if <2500 wordsComplete prose works if <2500 words

Excerpts of prose not exceeding 10%Excerpts of prose not exceeding 10%

One chart, graph, diagram from a bookOne chart, graph, diagram from a book

Up to 2 pages or 10% of a textUp to 2 pages or 10% of a text

Complying with Copyright Complying with Copyright GuidelinesGuidelines

School personnel May School personnel May NotNot

Copy consumables such as workbooks Copy consumables such as workbooks or standardized test.or standardized test.

Copy items for use from term to termCopy items for use from term to term Copy more than one poem, article, or Copy more than one poem, article, or

essay by the same author, nor more than essay by the same author, nor more than two excerpts from a collection.two excerpts from a collection.

Fair Use ClausesFair Use Clauses

Fair Use, as defined in the law, has Fair Use, as defined in the law, has certain aspects that apply to everyone certain aspects that apply to everyone and others that apply only to certain and others that apply only to certain classes of use, such as in nonprofit classes of use, such as in nonprofit schools. schools.

Fair use is considered when copied Fair use is considered when copied materials are intended for the promotion materials are intended for the promotion of knowledge and scholarship.of knowledge and scholarship.

Conditional Rights of Fair Conditional Rights of Fair UseUse

The purpose and character of the use, The purpose and character of the use, including whether such use is of a commercial including whether such use is of a commercial nature, or is for nonprofit educational purposes.nature, or is for nonprofit educational purposes.

The nature of the copyrighted work. The nature of the copyrighted work. The amount and substantiality of the portion The amount and substantiality of the portion

used in relation to the copyrighted work as a used in relation to the copyrighted work as a whole. whole.

The effect of the use upon the potential market The effect of the use upon the potential market for or value of the copyrighted work. for or value of the copyrighted work.

What is it called when violations What is it called when violations occur?occur?

Innocent infringementInnocent infringement Standard InfringementStandard Infringement Willful InfringementWillful Infringement

Innocent InfringementInnocent Infringement

Unknowingly breaking copyright lawUnknowingly breaking copyright law Example: A teacher reads in a journal Example: A teacher reads in a journal

that an item has fallen into public domain that an item has fallen into public domain and makes copies. In truth, the journal and makes copies. In truth, the journal confused two items of similar titles.confused two items of similar titles.

Standard InfringementStandard Infringement

Disregard to portions of the copyright Disregard to portions of the copyright Example: A librarian makes copies of an Example: A librarian makes copies of an

article for a class many months in article for a class many months in advance without making any attempt to advance without making any attempt to contact the copyright holder to obtain contact the copyright holder to obtain permission.permission.

Willful InfringementWillful Infringement

Direct intent to take advantage of Direct intent to take advantage of copyright ownercopyright owner

Example: A principal asks permission to Example: A principal asks permission to reproduce copies of a journal article for reproduce copies of a journal article for the faculty and is denied. He makes the the faculty and is denied. He makes the copies anyway without a reasonable copies anyway without a reasonable basis to believe he did not need basis to believe he did not need permission.permission.

Liability in the Public Liability in the Public SchoolSchool

Liability falls upon the individual who has Liability falls upon the individual who has infringed the copyright.infringed the copyright.

Technology Specialists and Librarians Technology Specialists and Librarians are held liable if acts of copyright are held liable if acts of copyright infringements are known by them.infringements are known by them.

Principals are liable if it occurs on their Principals are liable if it occurs on their campuses for they are the leaders of the campuses for they are the leaders of the building.building.

Copyright MythsCopyright Myths

Ten big copyright myths are explained at:Ten big copyright myths are explained at:

www.templetons.com/brad/copymyths.htmlwww.templetons.com/brad/copymyths.html