Copyright : What Copyright : What Educators Need to KnowEducators Need to Know

This presentation compiled from the Library of Congress U.S. Copyright Office web This presentation compiled from the Library of Congress U.S. Copyright Office web site (site (http://www.loc.gov/copyright/http://www.loc.gov/copyright/) and the S.C. Department of Education) and the S.C. Department of Education

What is copyright?What is copyright?Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

Section 106 of the 1976 Copyright Law gives the owner of copyright exclusive rights to do and grant others:

•To reproduce the work in copies or phonorecords;

•To prepare derivative works based upon the work;

•To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

•To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

•To display the copyrighted work publicly

•In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

Who Can Claim Copyright?

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

Why be concerned with Why be concerned with copyright compliance?copyright compliance?

Respect intellectual rights of Respect intellectual rights of creators of informationcreators of information

Reward creativity of authors, artists, Reward creativity of authors, artists, musicians, etc.musicians, etc.

Legal mandateLegal mandate Model proper behavior for students, Model proper behavior for students,

teachers, and other members of teachers, and other members of educational communityeducational community

What are the Penalties for What are the Penalties for Violation of Copyright?Violation of Copyright?

$250 - $10,000 per infringement$250 - $10,000 per infringement Software infringement - now a Software infringement - now a

felonyfelony Up to $250,000 per infringementUp to $250,000 per infringement

Who’s Liable?Who’s Liable? Classroom TeachersClassroom Teachers Library Media SpecialistsLibrary Media Specialists PrincipalsPrincipals Curriculum CoordinatorsCurriculum Coordinators SuperintendentsSuperintendents Boards of EducationBoards of Education

Indirect LiabilityIndirect Liability ContributoryContributory (Media Specialists)(Media Specialists)

– Checked out equipmentChecked out equipment– Checked out resourcesChecked out resources

Vicarious (Vicarious (Media Specialists, Administrators, Media Specialists, Administrators, Teachers, Others)Teachers, Others)– Knew of infringement but did not report itKnew of infringement but did not report it

Courts have recognized “contributory Courts have recognized “contributory infringement”infringement”

School districts can be held liable for the actions School districts can be held liable for the actions of students and staffof students and staff

“…“…but I didn’t know!”but I didn’t know!”

Called “Innocent Infringement”Called “Innocent Infringement” Occurs when infringer was unaware that Occurs when infringer was unaware that

material was copyrightedmaterial was copyrighted No excuse if work properly displays copyright No excuse if work properly displays copyright

© notice© notice Since 1976 all works considered copyright Since 1976 all works considered copyright

protectedprotected For works published after 1989, a copyright For works published after 1989, a copyright

notice is not required so absence of a notice is notice is not required so absence of a notice is not grounds for violating copyright.not grounds for violating copyright.

How to Avoid Copyright Mishaps

Always assume there is a copyright

When in doubt, get permission

Give proper credit

Post copyright notices

Have written policies (AUPs, Student work)

Enforce copyright rules

Do training appropriate to grade level

Organize computer area for easy monitoring and interact with students as they work

Explain intellectual property and fair use

Be a good example

““Fair Use” GuidelinesFair Use” Guidelines Applies to all types of mediaApplies to all types of media

Educators may use copyrighted materials Educators may use copyrighted materials under Fair Use if use meets these criteria:under Fair Use if use meets these criteria:The purpose of the use

The nature of the copyrighted work

The amount of the portion used in relation to the work as a whole

The effect the use will have on the potential market for the work used

Fair UseFair Use

Education Exemption - but…Education Exemption - but… Not free license to copy anything Not free license to copy anything

you wantyou want Cannot copy in place of purchasingCannot copy in place of purchasing Cannot copy in Cannot copy in anticipationanticipation of a of a

requestrequest

SPECIFIC MEDIASPECIFIC MEDIA

Print Resources

For research, teaching, or lesson For research, teaching, or lesson preparation a teacher may copy...preparation a teacher may copy...

10% or 1000 words, whichever is less10% or 1000 words, whichever is less One chapter from a bookOne chapter from a book One article from periodical or newspaperOne article from periodical or newspaper Short story, short essay, short poemShort story, short essay, short poem Chart, graph, diagram, drawing, cartoon, or Chart, graph, diagram, drawing, cartoon, or

picture from book, periodical, or newspaperpicture from book, periodical, or newspaper No more than 5 images by a single artist or 15 No more than 5 images by a single artist or 15

from a collectionfrom a collection

A teacher may not...A teacher may not...

Copy to create anthologies for students rather Copy to create anthologies for students rather than purchasingthan purchasingCopy from consumable productsCopy from consumable productsCopy entire workbooks, test booklets, etc. in Copy entire workbooks, test booklets, etc. in place of purchasing resourcesplace of purchasing resourcesCopy at direction of supervisor (principal, other Copy at direction of supervisor (principal, other administrators)administrators)Use copies of cartoon, TV, or film characters for Use copies of cartoon, TV, or film characters for classroom/hallway decorations, bulletin boards, classroom/hallway decorations, bulletin boards, newsletters or handoutsnewsletters or handouts

A teacher may make A teacher may make multiple copies for multiple copies for classroom use if...classroom use if...

only one classroom set of each item is only one classroom set of each item is mademadeeach item copied is for classroom each item copied is for classroom discussiondiscussioneach copy includes a notice of copyrighteach copy includes a notice of copyrighteach item meets the three tests for each item meets the three tests for copying...copying...

Three tests for Three tests for copyingcopying

BrevityBrevity SpontaneitySpontaneity Cumulative effectCumulative effect

SPECIFIC MEDIASPECIFIC MEDIA

Videotapes/Movies

A teacher may:A teacher may:

Show a video of a broadcast television Show a video of a broadcast television program within ten days of the broadcast program within ten days of the broadcast with the following provisions:with the following provisions:Recording may be retained for 45 days, but must be shown Recording may be retained for 45 days, but must be shown during first 10 during first 10 schoolschool days of the 45-day retention period days of the 45-day retention periodAfter 45-day retention period, recording must be erasedAfter 45-day retention period, recording must be erasedRecording may be made only at request of and used by Recording may be made only at request of and used by individual teachersindividual teachers

Utilize Cable-in-the-Classroom, ITV, PBS Utilize Cable-in-the-Classroom, ITV, PBS programmingprogramming

Show a movie (even if it is labeled “for Show a movie (even if it is labeled “for home use only”) if it meets the 4 criteria of home use only”) if it meets the 4 criteria of instructional use:instructional use:

Must be used as part of Must be used as part of face-to-face instructionface-to-face instruction

Must be documented in lesson plansMust be documented in lesson plans

Must support goals and objectives of lessonMust support goals and objectives of lesson

Must be a true and legal copy Must be a true and legal copy

A teacher may not:A teacher may not:

Show a dubbed tape of any programShow a dubbed tape of any program Show a tape of a movie or other program from a Show a tape of a movie or other program from a

premium cable channel (premium cable channel (HBO, Disney, A&E)HBO, Disney, A&E)

Show a movie for reward or entertainmentShow a movie for reward or entertainment Free FridayFree Friday During testing During testing Rainy-day RecessRainy-day Recess Field DayField Day

Edit a videoEdit a video

Three things to consider Three things to consider when using videos for when using videos for instructioninstruction

Consider the educational value Consider the educational value

Preview before usePreview before use

Videos are not crowd-control devicesVideos are not crowd-control devices

SPECIFIC MEDIASPECIFIC MEDIA

Computer Software

Internet

Other Technologies

Computer softwareComputer software

Single UserSingle User Lab packsLab packs Network Network

licenselicense Site licenseSite license

•Don’t copy that floppy or CD-ROM!

•Don’t install single-user license on more than one workstation

Remember!Remember!

Multimedia Multimedia ProjectsProjects

OR

Excedrin Headache # 113

Multiple Copyrights Multiple Copyrights Involved with MultimediaInvolved with Multimedia

Moving Images: Video,Laserdisc, Moving Images: Video,Laserdisc, DVD, DVD,

Still Images: Graphics, Scanned Still Images: Graphics, Scanned images, Photos, Picturesimages, Photos, Pictures

Music: Tapes, CDs, Music: Tapes, CDs, Computer Software: CD-ROMComputer Software: CD-ROM InternetInternet

Multimedia Fair Use Multimedia Fair Use GuidelinesGuidelines

Teachers may use parts of legally Teachers may use parts of legally attained and properly credited attained and properly credited copyrighted works to create copyrighted works to create multimedia curriculum materialsmultimedia curriculum materials

Teachers may demonstrate multimedia Teachers may demonstrate multimedia creations at professional conferences creations at professional conferences and retain for professional portfoliosand retain for professional portfolios

Students may use copyrighted Students may use copyrighted works in multimedia projectsworks in multimedia projects

Students may perform and display Students may perform and display multimedia projects for academic multimedia projects for academic assignmentsassignments

Students may include their Students may include their multimedia projects in electronic multimedia projects in electronic portfolios for school and/or job portfolios for school and/or job interviewsinterviews

Tips for MultimediaTips for Multimedia

Invest in clip art, music, video clips Invest in clip art, music, video clips created especially for multimedia projects created especially for multimedia projects because they are because they are copyright freecopyright free

Use royalty-free images, music, etc., Use royalty-free images, music, etc., available on Webavailable on Web

Using Internet Using Internet MaterialsMaterials

Unless specifically stated, everything Unless specifically stated, everything is copyright protectedis copyright protected

Fair Use guidelines applyFair Use guidelines apply May not take print, images, etc., from May not take print, images, etc., from

Internet sites and re-post on Internet sites and re-post on school/district Internet siteschool/district Internet site

May post print, images on a protected May post print, images on a protected school/district intranetschool/district intranet

May include links to other sites under May include links to other sites under “implied public access”“implied public access”

Some Copyright Reminders

Educational “Fair Use” is not a justification for defying the Copyright Law.

Any resources used in any type of project must be given proper credit.

Consider materials found on the Internet to be copyrighted unless specifically noted as “copyright free.”

Access to information does not mean freedom to copy and use.