Copyright For Copyright For TeachersTeachers

Copyright For Copyright For TeachersTeachers

Or how to model ethical behavior Or how to model ethical behavior for our students and, at the same for our students and, at the same

time, avoid breaking the lawtime, avoid breaking the law

How Much Do You Know About Copyright?• Complete the CyberBee

interactive quiz as a group.• Was there anything that surprised

you? Concerned you?

Topics To Be Covered• NETS standards for teachers• Copyright facts • Fair Use facts• Copyright quizzes• Getting copyright permission• Resources

Standards For Teachers: NETS-T

• Standard VI: Social, Ethical, Legal, and Human Issues– “Teachers understand the social, ethical,

legal, and human issues surrounding the use of technology in PK-12 schools and apply those principles in practice. Teachers:

• Model and teach legal and ethical practice related to technology use.” (http://cnets.iste.org/teachers/t_stands.html)

Basic Facts About Copyright

• Anything you produce is copyrighted as soon as you produce it.

• Categories: literary, musical or artistic.• Creators own the rights to the reproduction,

display, distribution, and adaptation of their work.

• Works published before 1989 must carry a copyright notice.

• Works published after that time do not need to carry a copyright notice. If you are not sure, it is better to assume that the material is

copyrighted.

What Is The Big Deal?•  Copyright reflects:

– Appreciation for the effort that goes into creating "original works of authorship."

– Respect for the rights of creators to control what people can and cannot do with their works.

– Economic incentive for creators to create new works.

What Is Protected By Copyright?

• “Original works of authorship" that are fixed in "a tangible form of expression:”– literary works (including computer software)– musical works (including lyrics)– dramatic works (including accompanying music)– pantomimes and choreographic works– pictorial, graphic, and sculptural works– motion pictures and other audiovisual works– sound recordings– architectural works

What Is NOT Protected By Copyright?

• Works in the public domain.• Works by the U.S. government.• Ideas, procedures, methods, systems,

processes, concepts, principles, discoveries, or devices.

• Works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down or otherwise recorded.

What Is Copyright Infringement?

• Exploiting any of the exclusive rights of copyright without the copyright owner's permission. – Persons found guilty of infringing will have

to pay the copyright owner lost revenue in addition to possible statutory damages.

– Infringers may be found guilty on criminal charges and have to pay criminal penalties. They will also be stopped from using the work.

Luckily For Us, There’s Fair Use

• Allows limited copying of copyrighted works for educational and research purposes.

• Reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research."

Rules For Fair Use• Copying by teachers must meet the tests of

brevity and spontaneity.• If you use something for one semester, it is

likely to be seen as fair use; if you use something repeatedly, you should obtain permission to use it.

• The use of copies should be for one course at one school.

• The copies should include a notice of copyright acknowledging the author of the work.

Printed Material• A chapter from a book (never the entire book).• Articles, stories, or essays less than 2,500 words.• Two pages or 10% (whichever is less) from an illustrated

work less than 2,500 words (for example, a children’s book).• Excerpt from a longer work (10% of work or 1,000 words,

whichever is less).• One chart, picture, diagram, graph, or cartoon from a book,

periodical, or newspaper.• Poems less than 250 words, but no more than 3 poems by 1

poet or 5 poems by different authors.• For longer poems, 250 words can be excerpted, but no more

than 3 excerpts from 1 poet or 5 excerpts from different poets.

But…• Copies may be made only from

legally acquired originals.• Only one copy allowed per student.• Teachers may make copies in 9

instances per class per term.• Anthologies cannot be created.• “Consumables,” such as

workbooks, may not be copied.

Printed Material (Archives)

• Includes:– An entire work.– Portions of a work.– A work in which the existing format has

become obsolete (for example, a document stored on an obsolete computer).

• A librarian may make up to 3 copies “solely for the purpose of replacement of a copy that is damaged, deteriorating, lost, or stolen.”

But…• Copies must contain copyright

information.• Archiving rights are designed to

allow libraries to share with other libraries one-of-a-kind and out-of-print books.

• Includes:– Photograph or collection of photographs.– Illustration or collection of illustrations.

• Single works may be used in their entirety, but no more than 5 images by a single artist or photographer may be used.

• From a collection, not more than 15 images or 10% (whichever is less) may

be used.

Illustrations And Photographs

But…• Although older illustrations may be

in the public domain and don’t need permission to be used, sometimes they are part of a copyright collection. Copyright ownership information is available at www.loc.gov or www.mpa.org.

Video For Viewing• Includes:

– Videotapes (purchased or rented). – DVDs.– Laserdiscs.

• Teachers may use these materials in the classroom.

• Copies may be made for archival purposes or to replace lost, damaged, or stolen copies.

But…• The material must be legitimately

acquired.• Material must be used in a classroom or

nonprofit environment “dedicated to face-to-face instruction.”

• Use should be instructional, not for entertainment or reward.

• Copying is acceptable only if replacements are unavailable at a fair price or in a viable format.

Video (For Integration Into Multimedia or Video

Projects)• Includes:

– Videotapes.– DVDs.– Laserdiscs.– Multimedia encyclopedias.– QuickTime movies.– Video clips from the Internet.

• Students “may use portions of lawfully acquired copyright works in their academic multimedia,” defined as 10% or 3 minutes (whichever is less) of “motion media.”

But…• Material must be legitimately

acquired (a legal copy or home recording).

• Copyright works included in multimedia projects must give proper attribution to copyright holder.

Music (For Integration Into Multimedia or Video

Projects)• Includes:

– Records.– Cassette tapes.– CDs.– Audio clips on the Web.

• Up to 10% but no more than 30 seconds of a copyrighted musical composition may be reproduced, performed, and displayed as part of a multimedia program produced by

an educator or students.

But…• A maximum of 30 seconds per

musical composition may be used.• Multimedia program must have an

educational purpose.

Computer Software (Purchased or

Licensed)• Libraries may lend software to patrons.• Software may be installed on multiple

machines, and distributed to users via a network.

• Software may be installed at home and at school.

• Libraries may make copies for archival use or to replace lost, damaged, or stolen copies if software is unavailable at a fair price or

in a viable format.

But…• Only one machine at a time may use

the program.• The number of simultaneous users

must not exceed the number of licenses, and the number of machines being used must never exceed the number licensed. A network license may be required for multiple users.

• Includes:– Internet connections.– World Wide Web.

• Images may be downloaded for student projects and teacher lessons.

• Sound files and video may be downloaded for use in multimedia projects (see Video portion restrictions).

Internet

But…• Resources from the Web may not be re-

posted on the Internet without permission. However, links to legitimate resources can be posted.

• Any resources you download must have been legitimately acquired by the Web site.

• The Internet is NOT the public domain. You should assume that everything is copyrighted.

Television• Includes:

– Broadcast (ABC, NBC, CBS, UPN, PBS, and local stations).

– Cable (CNN, MTV, HBO).– Videotapes made of broadcast and cable TV

programs.• Broadcasts or tapes made from broadcast

may be used for instruction.• Cable channel programs may be used with

permission. Many programs may be retained by teachers for years. See Cable in the Classroom for details.

But…• Schools are allowed to retain

broadcast tapes for a minimum of 10 school days unless otherwise stated.

• Cable programs are technically not covered by the same guidelines as

broadcast television.

Other• Numerical data sets:

– Up to 10% or 2,500 fields or cell entries (whichever is less) from a copyrighted database or data table.

• Multimedia projects:– No more than 2 copies may be made

of a project.

Factors In Determining Fair Use

• Purpose and character of the use (commercial vs. nonprofit educational purposes).

• Nature of the copyrighted work (creative vs. factual).

• Amount and substantiality of the portion used in relation to the copyrighted work as a whole.

• Effect of the use upon the potential market of the copyrighted work (taking money away from the copyright owner).

How Long Does Copyright Protection

Last?• Copyright protection starts from the

moment of creation of the work and continues until 70 years after the death of the author or artist.

• When the term of a copyright expires, the work falls into what's called the "public domain." When a work is in the public domain, anyone can copy it and use it without permission.

Getting Permission• Get permission:

– when you plan to use material for commercial or non-educational purposes

– when you plan to copy material beyond what is allowed by the guidelines

– when you plan to distribute material beyond the scope of the guidelines.

• When in doubt, get permission from the copyright holder (and keep the permission letter). Click here for a sample letter.

Copyright Quizzes• Have you been paying attention?

– Complete Quiz One and Quiz Two.

• Answers and discussion.

Resources• "Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web."

Information and Library Services. 2004. University of Maryland University College. 21 Oct. 2005 http://www.umuc.edu/library/copy.html.

• "Copyright Basics." Copyright Kids. 2001. FA©E Kids subcommittee of The Copyright Society of the U.S.A. 21 Oct. 2005 http://www.copyrightkids.org/.

• Davidson, Hall. Copyright and Fair Use Guidelines for Teachers. 2002. Technology and Learning. 21 Oct. 2005 http://i.cmpnet.com/techlearning/pdf/db_area/archives/TL/2002/10/copyright_chart.pdf.

• Davidson, Hall. Copyright Primer: Fair Use Copyright Quiz. 2002. 21 Oct. 2005 http://www.mediafestival.org/quiz1.pdf.

• Davidson, Hall. "The Educator's Guide to Copyright and Fair Use Quiz.“ Copyright Primer: Fair Use Copyright Quiz 2nd Ed. 15 Oct. 2002. techLEARNING. 21 Oct. 2005 http://www.techlearning.com/db_area/archives/iL/2002/10/copyright_quiz.html.

• Schrock, Kathy. "Copyright and Fair Use Guidelines for Multimedia." Copyright and Fair Use Mini-Poster. 2002. Nauset Public Schools. 21 Oct. 2005 http://kathyschrock.net/planting/fairuse.pdf.

• Schrock, Kathy. Copyright and Fair Use Links. 5 Oct. 2005. Nauset Public Schools. 21 Oct. 2005 http://www.nausetschools.org/fairuse.htm.

• Schrock, Kathy. "Copyright and Fair Use." Copyright and Fair Use Slide Show. Nauset Public Schools. 21 Oct. 2005 http://nausetschools.org/pdf/fairuse_slides.pdf.