copyright education for teachers
DESCRIPTION
Copyright Education for TeachersTRANSCRIPT
COPYRIGHT EDUCATION
FORTEACHERS
WELCOME!
Please complete the Pre-Test (yellow sheet) in
your packet.
PURPOSE
The Copyright for Education workshop is intended to assist faculty and staff in
copyright law and to assist in integrating copyright
information into curriculum.
LEARNING OBJECTIVES
•Given a list of selected works, participants will use the Library of Congress’ copyright records to search registered books, music, art, and periodicals.•Given access to the Library of Congress’ website, participants will define key terminology used in copyright education.•Participants will learn more about “why” copyright law exists and where it all started (history of copyright).
FINISH THE SENTENCE
Go around the room and have each person complete one of these sentences:
The best job I ever had was…The worst project I ever worked on
was…The riskiest thing I ever did was…
WHAT IS COPYRIGHT?
“Copyright is a form of protection provided by the laws of the United States 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 This protection is available to both published and unpublished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” (Library of Congress).
WHY ARE COPYRIGHT LAWS IMPORTANT TO
TEACHERS?Copyright laws are important to
teachers because there are limitations that they must know and should make
the right decisions when copying protected materials. In addition,
educators are given special privileges called “fair use” that should be known
when copying protected materials.
In 1790, the first Copyright Act was enacted in the United States. Since that
time there have been many revisions to the law. The Copyright Act Revision of 1976
added the “fair use” clause. “The Copyright Act of 1976 grants a number of
exclusive rights to copyright owners, including:
reproduction right, distribution right, right to create adaptations, and performance and display rights” (Stanford University
Libraries).
HISTORY OF COPYRIGHT
WHAT KIND OF WORKS ARE PROTECTED BY COPYRIGHT?
There are many types of materials protected by copyright law, from print to graphical to electronic.
These can be in the form of books, videos, magazine articles, paintings,
illustrations, cartoons, email messages, etc.
HOW LONG DOES COPYRIGHT LAST?
Copyright lasts for the life of the author plus 70 years or, for works made for hire, 120 years from its creation.
ACTIVITY #1Please find the red sheet for
Activity #1. You will search the list of selected works using the Library of Congress’ copyright
records search at http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First
Please see the tutorial first.
ARE THERE OTHER WAYS TO LEGALLY USE COPYRIGHTED MATERIAL?
Public domains, expired copyrighted materials, and U.S. government materials can all be
reproduced legally. Other materials may be used if one requests permission from the
copyright holder. Fair use can also be used when reproducing
copyrighted materials.
WHAT IS FAIR USE?
“Fair use is a copyright principle based on the belief that the public is entitled to
freely use portions of copyrighted materials for purposes of commentary and criticism” (Stanford University Libraries).
FAIR USESince the copyright law prohibits the unauthorized use of copyrighted materials while allowing criticism, teaching, research, news reporting, etc., certain privileges are given to teachers for particular uses of copyright works.
Four factors are used in determining Fair Use:1)Purpose and character of the use2)Nature of the copyrighted work3)Amount and substantiality of the material used4)The effect of use on the potential market of the work
Purpose and Character of the Use
This factor determines whether the material was
used for financial gain, education, or commercially.
Unfortunately, even if you are not using the material to make
a profit, the courts need to review all four factors.
Nature of the Copyrighted Work
This factor determines what type of material the work is, whether the work is scholarly or commercial. For example, copying a study on animals is
more likely to be considered to be fair use than copying music
or copying a workbook.
Amount and Substantiality of the Material Used
This factor determines the amount of the portion of the work used.
The less you copy, the more likely it will be excused as fair use.
However, even if you copy a small portion of the work, the material copied will not be a fair use if the portion taken is the “heart” of the
work (Stanford University Libraries).
The Effect of Use on the Potential Market of the Work
This factor determines “whether your use deprives
the copyright owner of income or undermines a new or potential market for the
copyrighted work” (Stanford University Libraries).
THE DE MINIMUS DEFENSE
De minimus is used in court cases when the portion of material copied is small enough not to be considered for a fair use analysis. For example, in a
court case dealing with a motion picture, a producer was sued for using copyrighted pictures in the film. The courts viewed the film and decided
that the pictures were de minimus due to being out of focus and practically
unrevealed.
ACTIVITY #2
Please access the Stanford University Libraries’ website
at http://fairuse.stanford.edu and locate one court case under the “Dockets” tab.
Summarize it and be prepared to share it with
the class.
THE FAIR USE TEST
There are three guidelines that assist teachers in applying fair
use:1)Brevity
2)Spontaneity3)Cumulative Effect
Teachers may make copies for each student in the class
provided that the materials carry the copyright notice and meet
the fair use test.
1) Brevity• Poem - less than 250 words and printed
on not more than two pages, or a selection from a poem of not more than
250 words• Article, Story, or Essay – less than 2,500
words or a selection of not more than 1,000 words or 10% of a the material,
whichever is less• Chart, Graph, Diagram, Drawing, Cartoon, Periodical, or Picture per Book
• Maximum of two published pages with less than 10% of a material that combines text and illustrations
THE FAIR USE TEST
THE FAIR USE TEST
2) SpontaneityThe teacher copies published
materials and distributes to students as a last minute decision for a lesson plan.
THE FAIR USE TEST
3) Cumulative EffectThe teacher is copying the material for
one class during one term (cannot copy more than nine times for one
course during one term).Teachers may only reproduce materials
(one short poem, article, story, essay, or two excerpts) from the
same author. Also, teachers may not reproduce more than three times
from the same group of works for one course term.
AUDIOVISUAL MATERIALS USE
Section 110 of the U.S. Copyright Law (Fair Use) establishes that teachers have the right to display and perform audiovisual materials.
Particular conditions must ALL be met for the use of audiovisual materials to be allowed:
• Must be part of the lesson plan.• Must be shown by teachers or students.
• Must be shown in classroom or other school location.
• Must be shown in a face-to-face environment.• Must be shown only to students and teachers.
• Must be shown using a legal copy with a copyright notice.
GUIDELINES FOR OFF-AIR RECORDING
Educational institutions are allowed to record television programs and use them for instructional purposes if
they meet the following guidelines:• A broadcast program may be recorded off-air and
kept for a period for no longer than forty-five (45) consecutive calendar days after the date of the
recording. It must be erased or destroyed immediately after that date.
• Off-air recordings can only be used once by the teacher for the lesson plan and only once for
reinforcement during the first ten (10) consecutive school days in the fort-five (45) calendar day of the
retention period.• Individual teachers may only make the requests for
and use of off-air recordings.
GUIDELINES FOR OFF-AIR RECORDING (cont.)
• Teachers do not have to use the complete off-air recording, but they cannot modify
them in any way.• Copyright notice must be included.
• Appropriate control measures must be established at schools to uphold the
integrity of the off-air recording guidelines.
COMPUTER SOFTWARE
Computer software is somewhat different than copyrighted publications. In most cases, the consumer purchases the software program,
not the copyright. In schools, software programs are usually bought with a license
per a number of workstations. If it is illegally reproduced, then it is a violation of the
copyright law. Before installing a piece of school software, please make sure you are
allowed.
SCANNING
Limited amounts of copyrighted materials can be scanned from print to digital. Students
are allowed to scan a limited amount of materials into a project, but it may only be allowed to be shown in the class for which
it was produced. Teachers or students may not scan cartoons or articles into a newsletter unless it is for criticism, comment, or news reporting. *When
scanning images, follow photocopying or multimedia guidelines.
MULTIMEDIA GUIDELINES
Teachers are allowed to include portions of legally obtained materials when creating
their own educational multimedia projects used in the classroom. Guidelines on portion
limits are as follows:Motion media – up to 10% or three minutes
Text – up to 10% or 1,000 wordsMusic – up to 10% or 30 seconds (music or lyrics)
Photos or Images – up to five works from one author; up to 10% or 15 works from a
collection
ACTIVITY #3
Please access the Library of Congress’ website at http://loc.gov
and define the following six terms:Fair Use, Copyright, Publication,
Copyright Infringement, Public Domain, and Copyright Notice.
RESOURCES
Library of Congress’ Copyright Officehttp://loc.gov
Stanford University Librarieshttp://fairuse.stanford.edu
POST-TEST & EVALUATION
Please complete the Post-Test (green sheet) in your
packet as well as the Evaluation (blue sheet).
ANY QUESTIONS
