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When It Comes to Copyright,When It Comes to Copyright,Educators are a Privileged Class!Educators are a Privileged Class!

Gary H. BeckerGary H. Becker

© 2011© 2011

Author Has Exclusive Rights To Author Has Exclusive Rights To Do And Authorize:Do And Authorize:

Reproduction of workReproduction of work Prepare a derivative work based on Prepare a derivative work based on

copyrighted workcopyrighted work Distribution of work by public sale, transfer Distribution of work by public sale, transfer

of ownership or by rental, lease or lendingof ownership or by rental, lease or lending Performance of the work publiclyPerformance of the work publicly Display of the work publiclyDisplay of the work publicly

Conditions for Conditions for Using/Reproducing a Using/Reproducing a

Copyrighted WorkCopyrighted Work Copyright holder grants permissionCopyright holder grants permission

– By sale or purchase agreementBy sale or purchase agreement– By requestBy request– Freely offeredFreely offered

Special exemptions in the lawSpecial exemptions in the law Fair UseFair Use

Performance/Display ExemptionPerformance/Display Exemption

Section 110(1) Grants educators privilege to Section 110(1) Grants educators privilege to publicly display or perform copyrighted publicly display or perform copyrighted works for the purpose of face-to-face works for the purpose of face-to-face instructioninstruction

Library Photocopying Library Photocopying Special ExemptionsSpecial Exemptions

Reproduction of unpublished works for the Reproduction of unpublished works for the purpose of preservation and securitypurpose of preservation and security

Reproduction of published works for Reproduction of published works for purpose of replacement of damaged, purpose of replacement of damaged, deteriorating, lost or stolen copies, or deteriorating, lost or stolen copies, or obsolete format if replacements cannot be obsolete format if replacements cannot be obtained at a fair priceobtained at a fair price

Library Photocopying Library Photocopying Special ExemptionsSpecial Exemptions

Reproduction for a patron of Reproduction for a patron of 11 single copy single copy of one article or small part of work to of one article or small part of work to become the property of patron for purpose become the property of patron for purpose of study or researchof study or research– Must display copyright warning noticeMust display copyright warning notice

Library Photocopying Library Photocopying Special ExemptionsSpecial Exemptions

Reproduction of entire work if cannot be Reproduction of entire work if cannot be obtained at fair priceobtained at fair price– Copy becomes property of user for study and Copy becomes property of user for study and

researchresearch– Copyright warning is displayedCopyright warning is displayed

All preceding for isolated and unrelated All preceding for isolated and unrelated reproduction on different occasions. reproduction on different occasions. Systematic, single reproduction prohibited!Systematic, single reproduction prohibited!

Recording ExemptionRecording Exemption

Critiquing - students may be audio or video Critiquing - students may be audio or video recorded performing a copyrighted work for recorded performing a copyrighted work for the purpose of critiquing their performancethe purpose of critiquing their performance

Fair Use (Four Criteria to be met)Fair Use (Four Criteria to be met)

The purpose and character of the useThe purpose and character of the use– Commercial? Non-Profit?Commercial? Non-Profit?– Criticism, comment, news reporting?Criticism, comment, news reporting?– Teaching, scholarship, research?Teaching, scholarship, research?

Fair Use - Photocopying Fair Use - Photocopying Single CopySingle Copy

Chapter of a bookChapter of a book Article from a periodical or newspaperArticle from a periodical or newspaper Short story/essayShort story/essay Short poemShort poem

Fair Use - Photocopying Multiple Fair Use - Photocopying Multiple Copies for Classroom UseCopies for Classroom Use

A complete poem A complete poem if less than 250if less than 250 words words An excerpt from a longer poem, but An excerpt from a longer poem, but not to not to

exceed 250 wordsexceed 250 words A complete article, story or essay of A complete article, story or essay of less less

than 2500 wordsthan 2500 words An excerpt from a larger printed work which An excerpt from a larger printed work which

must must not exceed 10%not exceed 10% of the whole, orof the whole, or 1,000 words, whichever is less1,000 words, whichever is less

Off-Air Videotaping Guidelines

Only for educational institutions May be held for a period not to exceed (45)

days May only be used instructionally for first (10)

consecutive school days Only at request of individual teachers May not be recorded more than once for

same teacher

Off-Air Videotaping Guidelines

Multiple copies may be made Programs cannot be altered, combined or

merged All Copies must include copyright notice Institutions must establish appropriate

control procedures

Multi-Media Fair Use GuidelinesMulti-Media Fair Use Guidelines

Permitted Uses - Student Permitted Uses - Student

Produce for a specific courseProduce for a specific course Perform or display in course for which they Perform or display in course for which they

were createdwere created May use in a portfolio May use in a portfolio

– Evidence of academic workEvidence of academic work– Support position applicationSupport position application– Graduate school interviewsGraduate school interviews

Permitted Uses - EducatorsPermitted Uses - Educators

Instruction in Multimedia DevelopmentInstruction in Multimedia Development Curriculum-Based InstructionCurriculum-Based Instruction

– Face-to-face activitiesFace-to-face activities

– For directed self-study by studentsFor directed self-study by students

– Remote instruction on a secure networkRemote instruction on a secure network Peer ConferencesPeer Conferences

– Workshops and ConferencesWorkshops and Conferences Professional PortfolioProfessional Portfolio

Portion Limitations From Portion Limitations From SourcesSources

Motion Media - up to 10% or 3 minutes, Motion Media - up to 10% or 3 minutes, whichever is lesswhichever is less

Text - up to 10% or 1,000 words, whichever Text - up to 10% or 1,000 words, whichever is lessis less

Poem - 250 words or less, entire poem, no Poem - 250 words or less, entire poem, no more than three poems per poetmore than three poems per poet– Poem - From anthology, no more than 5Poem - From anthology, no more than 5

Portion Limitations (Con’t)Portion Limitations (Con’t)

Poem - greater than 250 words, limited to Poem - greater than 250 words, limited to 250250– No more than three excerpts by a poetNo more than three excerpts by a poet– No more than five excerpts by different poetsNo more than five excerpts by different poets

Music, Lyrics and Music Video Music, Lyrics and Music Video – Up to 10%, but not more than 30 secondsUp to 10%, but not more than 30 seconds– Alterations do not change basic Alterations do not change basic

melody/charactermelody/character

Portion Limitations (Con’t)Portion Limitations (Con’t)

Illustrations and photographs Illustrations and photographs – Not more than 10% or 15 images, whichever is Not more than 10% or 15 images, whichever is

lessless– No more than 5 images from a single artist or No more than 5 images from a single artist or

photographerphotographer Numerical Data SetsNumerical Data Sets

– Up to 10% or 2500 fields or cell entries, Up to 10% or 2500 fields or cell entries, whichever is lesswhichever is less

Fair Use and Media LiteracyFair Use and Media Literacy

Funded project Funded project Involved following institutions:Involved following institutions:

– Media Education Lab - Temple UniversityMedia Education Lab - Temple University– Center for Social Media - American UniversityCenter for Social Media - American University– Program on Information Justice and Intellectual Property - Program on Information Justice and Intellectual Property -

Washington College of Law at American UniversityWashington College of Law at American University November 11, 2008 - Release of November 11, 2008 - Release of Code of Best Practices Code of Best Practices in in

Fair Use for Media Literacy Education - Fair Use for Media Literacy Education - http://www.centerforsocialmedia.org/fair-use/related-materhttp://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-media-literacy-educials/codes/code-best-practices-fair-use-media-literacy-educationation

Digital Millenium Copyright ActDigital Millenium Copyright Act

Computer Maintenance or RepairComputer Maintenance or Repair– Permitted to make one copy of the software in the Permitted to make one copy of the software in the

course of repair. course of repair.

– Copy to be destroyed after repair completeCopy to be destroyed after repair complete

Ephemeral Recordings by BroadcastersEphemeral Recordings by Broadcasters– May make recording in order to facilitate a May make recording in order to facilitate a

transmissiontransmission

– Must be licensed FCC station operating under Must be licensed FCC station operating under exemption for digital broadcasts or statutory licenseexemption for digital broadcasts or statutory license

Digital Millenium Copyright Act Digital Millenium Copyright Act (con’t)(con’t)

Distance Education StudyDistance Education Study Exemption for Non-Profit Libraries Exemption for Non-Profit Libraries

– May may make up to 3 copies of a work, May may make up to 3 copies of a work, including digital, for purpose of preservation including digital, for purpose of preservation interlibrary loaninterlibrary loan

– Digital copies may not be made available to Digital copies may not be made available to public outside of library premisespublic outside of library premises

– May copy a work into a new format, if original May copy a work into a new format, if original format becomes obsoleteformat becomes obsolete

Technology, Education and Technology, Education and Copyright Harmonization Act of Copyright Harmonization Act of

20022002 Extends Section 110(2) special exemptions Extends Section 110(2) special exemptions

to digital distance learning or distance to digital distance learning or distance educationeducation

Permits performance & display of limited Permits performance & display of limited portions of copyrighted worksportions of copyrighted works

Permits making & distribution of ephemeral Permits making & distribution of ephemeral copies needed for digital transmissionscopies needed for digital transmissions

Copyright and Distance LearningCopyright and Distance Learning

Governed by Fair Use GuidelinesGoverned by Fair Use Guidelines Old Section 110(2) – Only Permitted Old Section 110(2) – Only Permitted

performance of a non-dramatic literary or performance of a non-dramatic literary or musical works for instructionmusical works for instruction

New Section 110(2) - Permits performance New Section 110(2) - Permits performance of dramatic and audiovisual works for of dramatic and audiovisual works for instructioninstruction

Distance Learning ExamplesDistance Learning Examples

May read passage from “Johnny Tremain”May read passage from “Johnny Tremain”– May show video clip or or lengthier portion, but not May show video clip or or lengthier portion, but not

complete videocomplete video– May act out limited portionMay act out limited portion

May display a photograph, chart, tableMay display a photograph, chart, table– May display a still image from motion sourceMay display a still image from motion source

May play popular song from original sourceMay play popular song from original source– May play limited portion of music from dramatic source May play limited portion of music from dramatic source

(opera, play)(opera, play) Temporary recordings may be made to achieve Temporary recordings may be made to achieve

precedingpreceding

Music - Permissible UsesMusic - Permissible Uses

Emergency copying to replace purchased Emergency copying to replace purchased copiescopies

Multiple copies of excerpts of works which Multiple copies of excerpts of works which do not constitute a performable unitdo not constitute a performable unit

Single copy of entire performable unit if out Single copy of entire performable unit if out of print, unavailable except in a larger work of print, unavailable except in a larger work and for teacher research or preparation onlyand for teacher research or preparation only

Music - Permissible UsesMusic - Permissible Uses

Print copies may be edited or simplifiedPrint copies may be edited or simplified Lyrics must not be altered or addedLyrics must not be altered or added Single copies of recordings of student Single copies of recordings of student

performances may be made and retainedperformances may be made and retained Single copy of a sound recording of Single copy of a sound recording of

copyrighted music may be made to copyrighted music may be made to construct aural exercises or examinationsconstruct aural exercises or examinations

How Do We Contact You?How Do We Contact You?

Toll free phone/fax: 888-333-2037Toll free phone/fax: 888-333-2037 P.O. Box 951870, Lake Mary, FL 32795-P.O. Box 951870, Lake Mary, FL 32795-

18701870 E-mail: E-mail: gbecker@beckercopyrightgbecker@beckercopyright.com.com Website: Website: www.beckercopyright.comwww.beckercopyright.com

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