CopyrightCopyrightWhat Educators Should KnowWhat Educators Should Know

What is Copyright?What is Copyright?

Copyright is a Copyright is a property right property right granted to authors of granted to authors of original workoriginal work

The purpose is to The purpose is to protect and promote protect and promote creativitycreativity

Fair Use Law for Fair Use Law for EducatorsEducators

Fair use guidelines were developed to Fair use guidelines were developed to clarify the rights of educators to copy or clarify the rights of educators to copy or use materials for educational purposes.use materials for educational purposes.

In order for Fair Use to apply the material In order for Fair Use to apply the material being used must be directly related to an being used must be directly related to an educational objective.educational objective.

Fair Use Applies TOFair Use Applies TO

VideosVideos Printed MaterialsPrinted Materials Graphics (any visual Graphics (any visual

image)image) Audiovisual (sound, Audiovisual (sound,

motion picture, motion picture, projected images)projected images)

SoftwareSoftware SatelliteSatellite InternetInternet MultimediaMultimedia

Videos in Videos in the Classroomthe Classroom

Classroom use of a copyrighted video is Classroom use of a copyrighted video is permissible only when all of the permissible only when all of the

following conditions are met:following conditions are met:

•It must be shown in relation to face-to-face teaching activities.

•The entire audience must be involved in the teaching activity.

•It must be shown in a classroom or similar instructional area.

•The audience is in the same room.

•It is a closed space with a single classroom of students.

•The teaching activities are conducted in a non-profit, educational setting.

•It may not be shown for entertainment or reward.

•The video has not been illegally made or copied.

GuidelinesGuidelines Must be previewed by the personnel using it.Must be previewed by the personnel using it. Must have instructional value and objectives for Must have instructional value and objectives for

the use of it, and it must be included in the the use of it, and it must be included in the teacher’s lesson plans.teacher’s lesson plans.

Must not be used solely to entertain students.Must not be used solely to entertain students. Must follow copyright procedures as established Must follow copyright procedures as established

by county regulations and state and federal laws.by county regulations and state and federal laws. Must be property of the school system.Must be property of the school system. Must be used in face-to-face instruction with one Must be used in face-to-face instruction with one

class, unless public performance rights are held. class, unless public performance rights are held.

Video Video ?? and Answer and AnswerQ: “It’s raining outside. May I use a video for recess?”Q: “It’s raining outside. May I use a video for recess?”A: No. Using a video for entertainment is a violation of the Fair A: No. Using a video for entertainment is a violation of the Fair

Use guidelines.Use guidelines.

Q: “Can the Media Specialist show a video over the closed circuit Q: “Can the Media Specialist show a video over the closed circuit system at school?’system at school?’

A: This is considered public performance. It can only be done if A: This is considered public performance. It can only be done if the school owns public performance rights for the video.the school owns public performance rights for the video.

Q: “My students have been good all week. May we have a movie Q: “My students have been good all week. May we have a movie and popcorn on Friday?”and popcorn on Friday?”

A: You may have the popcorn, but showing a video for reward is A: You may have the popcorn, but showing a video for reward is a violation of the Fair Use guidelines.a violation of the Fair Use guidelines.

Printed MaterialsPrinted Materials Educators may copy Educators may copy

A single copy of a chapter from a book.A single copy of a chapter from a book.** A single copy of an article from a magazine or A single copy of an article from a magazine or

newspapernewspaper** A single copy of a short essay, short poem, or A single copy of a short essay, short poem, or

short storyshort story**

Educators may Educators may notnot copy copy Consumable materials, i.e. workbooksConsumable materials, i.e. workbooks To keep from buying To keep from buying The same item for sequential marking periodsThe same item for sequential marking periods

*Must be destroyed after the teaching opportunity.*Must be destroyed after the teaching opportunity.

SoftwareSoftware

When you purchase software (computer When you purchase software (computer games or programs) you are not actually games or programs) you are not actually buying the program. You are buying the right buying the program. You are buying the right to use a copy of it.to use a copy of it.

Software may not be installed on more than Software may not be installed on more than one computer in a school unless the school one computer in a school unless the school owns a site license for it.owns a site license for it.

GraphicsGraphics Educators may use graphics from a program that Educators may use graphics from a program that

has been purchased (Print Shop, Clip Gallery, has been purchased (Print Shop, Clip Gallery, etc.) to enhance presentations, newsletters, etc.) to enhance presentations, newsletters, bulletin boards, etc.bulletin boards, etc.

Educators may Educators may notnot Change the format, i.e. “blowing up” the graphicChange the format, i.e. “blowing up” the graphic Create a hand drawn imitationCreate a hand drawn imitation Copy more than one from a book or periodicalCopy more than one from a book or periodical Copy more than 9 graphics for the courseCopy more than 9 graphics for the course

Who is Accountable?Who is Accountable?

Teachers, Media Specialists, Teachers, Media Specialists, Administrators, School BoardsAdministrators, School Boards All equipment in a school is considered All equipment in a school is considered

“supervised.” Therefore, if it is used to “supervised.” Therefore, if it is used to violate copyright law we are all responsible.violate copyright law we are all responsible.

You are liable if you should have known You are liable if you should have known about it.about it.

Is It Worth It?Is It Worth It?

$250--$10,000 per infringement$250--$10,000 per infringement If the infringement is willful, the fines can If the infringement is willful, the fines can

be as high as $100,000be as high as $100,000 Violation of software copyright is a felony Violation of software copyright is a felony

and carries fines up to $250,000 per and carries fines up to $250,000 per infringementinfringement

This presentation covers only a portion of the copyright issues faced by educators.

Your Media Specialist has special training in issues relating to copyright. If you are in doubt, ask for advice.

Why is it Important?Why is it Important?

We are working toWe are working to

produce produce “Caring “Caring

and Responsible and Responsible

Learners,” Learners,” so it is so it is

our job to model our job to model

responsible behavior.responsible behavior.