copyright and fair use how does copyright and fair use apply to teachers?
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Copyright and Fair Use
How does copyright and fair use
apply to teachers?
Copyright – History Lesson Dates back to English common law Only trained monks were permitted to copy
– an early form of copyright enforcement First U.S. law signed in 1789
It’s nothing new – it’s been around a while
Source: Waxer, 2006
What is Copyright? Legal concept enacted by most national
governments Gives the creator of an original work
exclusive rights Usually for a limited period of time
Source: Waxer, 2006
Six rights that a copyright holder owns -
Reproduction Adaptation Distribution Public
Performance
Public Display Digital
Transmission of Sound Recordings
Source: Waxer, 2006
Reproduction Copies do not need to be exact to be
considered reproductions If a drawing is recognizable, it is a
reproduction Changing the format is also considered
copying
Source: Simpson, 2005
Adaptation Changing a work in some way Some artists very protective; others
consider it flattery Examples:
Picture book into play Student modifies artwork to create a new piece
of art Writing new words to a song
Source: Simpson, 2007
Distribution Passing out something copied is
considered distribution Newsletters Showing videos Sharing software Worksheets Forwarding e-mail Publishing student work on the Internet
Source: Simpson, 2005
Public Performance & Display Creator holds all rights to public
performances and displays Classroom and school is considered public PTA, Scout Meetings considered public
Ok to show in privacy of your home Family, friends and relatives – as long as the
group is kept smallSource: Simpson, 2005
Digital transmissions of sound recordings
Licensing fees paid to the creator for the right to play sound recordings over the airways
Developed because users can easily copy high quality audio files from the radio
Source: Simpson, 2005
What is copyrighted?
Literary works Musical works Dramatic works Pantomimes Choreographic works
Pictures & graphics Sculptures Motion pictures Audio visual works Sound recordings
Source: Waxer, 2006
How long is material copyrighted? Life of author plus 70 years If two authors, life plus 70 of the longest
lived author If corporate authorship (ex: films) – 95
years from publish date or 120 years from creation date
Source: Waxer, 2006
How long is material copyrighted?
Not Copyrighted Created and
published before 1923
Copyrighted Created before 1923
and not published - varies
Created between 1923 & 1978 – varies
Created after 1997
Source: Waxer, 2006
What’s not copyrighted? Facts Government works Public domain Short phrases, terms and titles Works with non-protected material like
phone directories, recipes, measurement charts, plain calendars
Source: Simpson, 2005
Fair Use Allows limited use of copyrighted materials
under certain circumstances
Protects the rights of the creator while allowing legitimate use of copyrighted materials for education and research purposes
Source: Simpson, 2005
Fair Use Exemptions Criticism Comment News Reporting
Teaching Scholarship Research
It does not mean that teachers can copy and distribute anything they want!
Source: Simpson, 2005
Four Tests of Fair Use Is it non-profit or educational? Is it factual? The amount that is used – less is better The effect of use on the potential market –
are you preventing him from making a profit?
Source: Simpson, 2005
The Copy Machine You can make one copy from a book, newspaper, graph, cartoon,
etc. and keep it in a file for use in teaching. You can read it to the class, make a transparency or post it on the
bulletin board. You can make copies (one for each student) and use it one
year/semester for one course. You can copy current articles, cartoons, charts, graphs from
magazines or newspapers. You can copy anything you have permission for.
(Thou can’s)
Source: Simpson, 2005
The Copy Machine The department head, curriculum specialist or principal
cannot make copies to give to every teacher in the grade level.
You cannot make copies and use them for multiple courses or years.
You cannot copy books (even picture books) You cannot copy from multiple issues to
create a booklet or anthology. You cannot copy workbooks or other
consumable books
(Thou shall not’s)
Source: Simpson, 2005
Graphics/Artwork You may use clip art from Microsoft Word if you
own it
You may use clip art from a source you have purchased (ex: ArtExplosion)
You may use clip art or graphics from a service you or your district has subscribed to (ex: United Streaming)
(Thou can’s)
Source: Simpson, 2005
Graphics/Artwork
You cannot art modify, enlarge or convert to another medium.
You cannot combine characters from different sources to form new art.
You cannot copy a cartoon and replace the words with new words.
(Thou shall not’s)
Source: Simpson, 2005
Movies and Videos
You can show videos or CDs owned by the school library… You may use a work that was purchased by a teacher or
student… You may use a copy borrowed from the library or the Region 4
media library… You may use a rented video… You can use a video from United Streaming
(Thou can’s)
As long as it is directly related to a topic your are teaching
Source: Simpson, 2005
Movies and Videos
Is it nonprofit educational? Is it in the classroom or other instructional place? Are the students all from the same class? Do you have a legal copy? Is it part of your curriculum?
(Thou can’s)
If you can answer YES to
every question, you can.Source: Simpson, 2005
Movies and Videos(Thou
shall not's)
You cannot show videos for reward, recreation or
entertainment.
(Violation of public performance rights)Source: Simpson, 2005
Digital Resources Multimedia combines music, graphics, data and text
in a digital format. Since the media used in the production is owned by
the creator, guidelines were created to permit use.
Educator Use for
Curriculum-Based InstructionSource: Simpson, 2005
Digital Resources Guidelines Music, Lyrics and Music Videos
Up to 10% - no more than 30 seconds
Motion Media Up to 10% or 3 minutes
Illustrations or Photographs No more than 5 images from one artist No more than 10% or 15 images from one
collection
Source: Simpson, 2005
Digital Resources Guidelines continued…
Text Material Up to 10% or 1,000 words 3 poems per poet 5 poems from different poets from an anthology
Multimedia Project No more than 2 copies may be made
Numerical Data Set Up to 10% or 2,500 fields/cells from a database
Source: Simpson, 2005
Digital Resources Guidelines continued…
Teachers may show their own multimedia projects at conferences and workshops But…. you can only use it for two years
Then you must get permission for each component 2 copies only All copyrighted components must be acknowledged
Within the presentation (shorthand reference) Works cited (at the end of presentation)
Source: Simpson, 2005
Digital Resources Guidelines continued…
Teachers may show student work . . . If limited to only students enrolled in class Some kind of security prevents access by other
students
Source: Simpson, 2005
Digital Resources Guidelines continued…
Students may keep their work indefinitely 2 copies only All copyrighted components must be
acknowledged Within the presentation (shorthand reference) Works cited (at the end of presentation)
Source: Simpson, 2005
But…it doesn’t have that little ©! In the U.S., almost everything created
privately and publicly after April 1, 1989 is copyrighted and protected whether it has notice or not.
Assume everything is copyrighted.
But…I cited the source!
Just giving credit to the author or owner does not protect you from copyright law violation.
Exception – if you have a licensing
agreement with an author, publication, or company
But . . . it’s on the Internet! Everything on the Internet is subject to
copyright laws.
Even if it is free, you cannot use it without permisson.
But…I don’t charge for it! You are still violating copyright laws if you
are giving it away.
You may not be making a profit, but you are preventing someone else from making a profit.
But…I’ll never get caught! (1998) LA Unified School District
Unauthorized copies of Adobe Photoshop and Microsoft Word Fine: $5,300,000
(2004) Garland, Texas Teacher copied entire TAKs workbook for students Fine: settled out of court (large fine – amount undisclosed)
(2007) Fort Worth, Texas Administrator made multiple pages from a book and handed
them out to faculty Fine: Had to pay for 300 copies of book + $15,000
Source: Simpson, 2007
ReviewClick on the attached hyperlink to view a
10-minute video on Fair Use
http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale
Source: Faddin, 2007
QuiztimeClick on the attached to take a quiz on Fair Use and Copyright in Elementary Schools
http://www.quia.com/pop/197847.html
Quiz created by Cindy Coker in Quia http://www.quia.com/web
It’s the right thing to doIt’s the legal thing to do
SourcesCopyright Law and Fair Use. Retrieved January 17, 2008, from Stanford University
Libraries/Academic Information Resources Web site: http://stanford.edu/cpyright.html
Faddin, Eric. (2007) A Fair(y) Use Tale. Retrieved January 28, 2008, from Stanford Law School – The Center for Internet and Society Website: http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale
Simpson, Carol (2007). Copyright Incidents Database. Retrieved January 28, 2008, from School of Library Information Science Web site: http://www.carolsimpson.com
Simpson, Carol (2005). Copyright for schools - a practical guide. Worthington, Ohio: Linworth Publishing, Inc..
Waxer, Barbara M. and Baum, Marsha L (2006). Internet Surf and Turf - Revealed: The Essential Guide to Copyright, Fair Use, and Finding Media. Boston, Massachusetts: Thomson Course Technology.