COPYRIGHT AND FAIR USE The Appropriate use of Electronic Media in the Classroom: Risks Benefits.
Copyright and Fair Use in the Classroom for Impact Grant
-
Upload
heinrichbob -
Category
Education
-
view
185 -
download
2
Transcript of Copyright and Fair Use in the Classroom for Impact Grant
Copyright and Fair Use in the Classroom for IMPACT Grant
Participating Teachers.
Is copyright a little fuzzy?
Mr. Jones has a computer program at home that he thinks the students in his class will benefit from. He brings in the program and
installs it on all three computers in his classroom. Because the program is for use by students and has met the spontaneity test, he concludes that this is legal under
the Fair Use doctrine. Is it?
Yes No
What is Copyright Law?
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.
Protection is available to both published and unpublished works.
What is Copyright Law?
Technology makes it easy to:
Copy
Use and Share
Modify and Repurpose
Excerpt & Quote From
Distribute
Copyright Rights
• Reproduce the work in copies or phonorecords
• Prepare derivative works based upon the work
• Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
Copyright Rights
• Perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works
• Display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work
• Perform the work publicly (in the case of sound recordings*) by means of a digital audio transmission
Popular Copyright Myths
If I only use a part of the image I don’t need permission.
If I don’t profit from it, I can use it
If I alter the image I don’t need permission
All educational use is fair use
If there is no copyright notice, I can use the image
If it’s on the internet it is in the public domain and therefore free
Copyright Tips
Limit use of copyrighted materials to
your classroom
Give proper credit
When in doubt, get permission
Assume it’s copy written!
Copyrightable Works
• Literary, musical and dramatic works• Pantomimes and choreographic works• Pictorial, graphic and sculptural works• Sound recordings• Motion pictures and other AV works• Computer programs• Compilations of works and derivative works• Architectural works
What is not copyrightable
Ideas, procedures, methods, systems, processes
Titles, names, short phrases, slogans
Facts, news, research
Works in the public domain
•Works created by US government employees
•Works with expired copyrights
Fair Use
Educators may use copyrighted materials within their own classrooms without express permission from the copyright owner.
Guidelines for Fair Use
Fair use is analyzed using four factors:
• Character of the Use
• Nature of the material to be copied
• Amount and importance of the part copied
• Effect on market for permissions
Educational Exemptions
Classroom or face-to-face teaching
TEACH – Distance Education
Disclaimer
Only guidelines
Exceeding these may or may not be
fair use
The bigger the
excess, the bigger the risk
Video
Off Air
•Show the tape within 10 days, keep it for 45 days, then erase it.
Rented Videos
•They should be used to meet your instructional goal.
TV Shows
•They can be duplicated, circulated, and kept for one year.
Video Portions for Educational Use
•10% or 3 minutes, whichever is less, with proper attribution.
Backup copies may be made for archival purposes or to replace lost
or damaged copies.
Music
You may copy up to 10% of a copyrighted
musical composition as
part of a multimedia project
for educational purposes.
The length of a musical
composition is sometimes cited as
30 seconds.
SoftwareSoftware: You may make one backup
copy.
Multiple copies are not allowed.
You may not make one copy for home and one for school.
You may not make copies for a friend.
You may not transmit software through a network
unless it’s freeware.
Print Materials: Single Copies
You may copy a chapter from a book.
You may copy an article from periodical or newspaper.
You may copy a short story, essay, or short poem.
You may copy a chart, graph, diagram, cartoon,
picture from a book, magazine, newspaper.
No consumables may be duplicated.
You may not substitute copies for books.
Print Materials: Multiple Copies
Spontaneity: If it is used immediately after it is
copied and not again, you may copy it.
3 per class from collective
works, excluding newspapers are
permitted.
Copying from Books, Periodicals
• Teachers may make a transparency from a book or periodical for classroom use.
• Teachers may copy materials and put them on reserve at the library if the use is spontaneous and is for educational purposes and does not violate the fair use guidelines.
• A short story may be copied in its entirety if it meets the criteria of brevity and was an inspiration of the teacher for a unit she was planning (she did not anticipate using the story ahead of time); she cannot use the copied story the following semester.
Internet• The same restrictions apply as for text,
recorded sounds, and images.
• Always credit the source of your information.
• Find out if the author has instructed you on how his work is to be used. If instructions exist, follow them.
• Whenever possible, ask the owner of the copyrighted work for permission to use his work and keep a written copy for your records.
Copyright vs. Plagiarism
Copyright a legal right that protects original
works
Plagiarism passing off
someone else’s work as one’s
own
Creative Commons
Offers tools to give everyone from individual creators to large
companies and institutions a simple, standardized way to keep
their copyright while allowing certain uses of their work.
Uses Creative Commons licensing to allow the sharing
of images.
People can upload images and decide
how they want them to be used by others.
The Internet
• A teacher gets clip art and music from popular file-sharing sites, then creates a lesson plan and posts it to the school Web site to share with other teachers. This is permissible.
– True False
False
• Legitimately, acquired material can be used in classrooms.
• However, under the current law, no teacher can redistribute such material over the Net or any other medium.
• You can use it, but you can’t spread it around.
Video
• A history class videotapes the Holocaust survivor who lives in the community. The students digitally compress the interview, and, with the interviewee’s permission, post it on the Web. Another school discovers the interview online and uses it in their History Day project. This is fair use.
– True False
True
• That’s the other side of fair use.
• Just as you can use other people’s intellectual property for educational purposes without permission, so can your own be used.
Video
• On Back-to-School night, an elementary school offers child care for students’ younger siblings. They put kids in the library and show them Disney VHS tapes bought by the PTA. This is permissible.
– True False
False
• Video (like everything else) is not covered under fair use for entertainment or reward.
• Disney will sell you a one-time license for $25 that makes this legal use.
For more information please address all
correspondence to:
Robert R. Heinrich
Director of Academic Computing
The Richard Stockton College of NJ
609-626-6039
Email: [email protected]