Copyright If I ignore it, why does it matter?. What is copyright? “The statutory privilege...
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Transcript of Copyright If I ignore it, why does it matter?. What is copyright? “The statutory privilege...
CopyrightCopyright
If I ignore it, why does it If I ignore it, why does it matter?matter?
What is copyright?What is copyright?
“The statutory privilege extended to creators of works that are fixed in a tangible medium of expression.”
(Bruwelheide, 1995)
Why be concerned with Why be concerned with copyright compliance?copyright compliance?
Respect intellectual rights of creators of Respect intellectual rights of creators of informationinformation
Reward creativity of authors, artists, Reward creativity of authors, artists, musicians, etc.musicians, etc.
Legal mandateLegal mandate Model proper behavior for students, Model proper behavior for students,
teachers, and other members of teachers, and other members of educational communityeducational community
SC ELA Academic SC ELA Academic StandardsStandards
6.6. The student will access and The student will access and use use information from a variety of information from a variety of
sources.sources.6.6.3 Create a list of sources that
contains information (including author, title, and full publication details) necessary to properly credit and document the work of others.
Same indicator through 8Same indicator through 8thth grade. grade.
SC ELA Academic SC ELA Academic StandardsStandards
6.6. The student will access and The student will access and use use information from a variety of information from a variety of
sources.sources.E1-6.3 Use a standardized system of
documentation (including a list of sources with full publication information and the use of in-text citations) to properly credit the work of
others. Same indicator through 12Same indicator through 12thth grade. grade.
Standards for the 21st Century Learner
1. Inquire, think critically, and gain knowledge
1.3.1 Respect copyright/intellectual property rights of creators and producers.
1.3.3 Follow ethical and legal guidelines in gathering and using information.
1.3.5 Use information technology responsibly.
Standards for the 21st-Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at http://www.ala.org/aasl/standards
Standards for the 21st Century Learner
3. Share knowledge and participate ethically and productively as
members of our democratic society.
3.1.6 Use information and technology ethically and responsibly.
Standards for the 21st-Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at http://www.ala.org/aasl/standards
Standards for the 21st Century Learner
4. Pursue personal and aesthetic growth.
4.3.4 Practice safe and ethical behaviors in personal electronic communication and interaction.
Standards for the 21st-Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at http://www.ala.org/aasl/standards
NETS for StudentsNETS for Students5. Digital Citizenship
Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior. Students:
a. Advocate and practice safe, legal, and responsible use of information and technology.
b. Exhibit a positive attitude toward using technology that supports collaboration, learning, and productivity.
National Educational Technology Standards for Students: The Next Generation.. (2007) Washington, D.C.: International Society for Technology in Education. Available online at http://www.iste.org/Content/NavigationMenu/NETS/For_Students/NETS_S.htm
NETS for StudentsNETS for Students
5. Digital CitizenshipStudents understand human, cultural, and societal issues related to technology and practice legal and ethical behavior. Students:
c. Demonstrate personal responsibility for lifelong learning.
d. Exhibit leadership for digital citizenship.
National Educational Technology Standards for Students: The Next Generation.. (2007) Washington, D.C.: International Society for Technology in Education. Available online at http://www.iste.org/Content/NavigationMenu/NETS/For_Students/NETS_S.htm
Penalties and Penalties and LiabilitiesLiabilities
FinesFines
Up to $250,000 per infringementUp to $250,000 per infringement
Software infringement - Software infringement - considered a felonyconsidered a felony
Who’s Liable?Who’s Liable? Classroom TeachersClassroom Teachers Library Media SpecialistsLibrary Media Specialists PrincipalsPrincipals Curriculum CoordinatorsCurriculum Coordinators SuperintendentsSuperintendents Boards of EducationBoards of Education
Indirect LiabilityIndirect Liability• Contributory Contributory (Library Media Specialists)
– Checked out equipmentChecked out equipment– Checked out resourcesChecked out resources
• Vicarious Vicarious (Library Media Specialists, Administrators, Others)
– Knew of infringement but did not report itKnew of infringement but did not report it
“…“…but I didn’t know!”but I didn’t know!”
• Called “Innocent Infringement”Called “Innocent Infringement”• Occurs when infringer was unaware Occurs when infringer was unaware
that material was copyrightedthat material was copyrighted• No excuse if work properly displays No excuse if work properly displays
copyright © noticecopyright © notice• Since 1976 all works considered Since 1976 all works considered
copyright protectedcopyright protected
Fair UseFair Use Education Exemption - but…Education Exemption - but… Not free license to copy anything Not free license to copy anything
you wantyou want Cannot copy in place of purchasingCannot copy in place of purchasing Cannot copy in Cannot copy in anticipationanticipation of a of a
requestrequest Allows for spontaneity of useAllows for spontaneity of use
Fair UseFair Use
Does not allow use of commercial Does not allow use of commercial videos for re-enforcement, videos for re-enforcement, entertainment, or reward without entertainment, or reward without paying public performance rights paying public performance rights fees in advancefees in advance
SPECIFIC MEDIASPECIFIC MEDIA
Print Resources
For research, teaching, For research, teaching, or lesson preparation a or lesson preparation a
teacher may copy...teacher may copy...
One chapter from a bookOne chapter from a book One article from periodical or One article from periodical or
newspapernewspaper Short story, short essay, short Short story, short essay, short
poempoem Chart, graph, diagram, drawing, Chart, graph, diagram, drawing,
cartoon, or picture from book, cartoon, or picture from book, periodical, or newspaperperiodical, or newspaper
A teacher may not...A teacher may not...
Copy “to create or to replace or to Copy “to create or to replace or to substitute for anthologies, substitute for anthologies, compilations, or collective works.”compilations, or collective works.”
Copy from consumable productsCopy from consumable products Copy to substitute for purchasing Copy to substitute for purchasing
resourcesresources Copy at direction of superior, i.e. Copy at direction of superior, i.e.
principalprincipal Copy same item each semesterCopy same item each semester
A teacher may A teacher may make multiple make multiple
copies for copies for classroom use if...classroom use if...
only one copy of each item per only one copy of each item per student is made (classroom set)student is made (classroom set)
each item copied is for each item copied is for classroom discussionclassroom discussion
each copy includes a notice of each copy includes a notice of copyrightcopyright
each item meets the three tests each item meets the three tests for copying...for copying...
Three tests for Three tests for copyingcopying
BrevityBrevity SpontaneitySpontaneity Cumulative effectCumulative effect
SPECIFIC MEDIASPECIFIC MEDIA
Videotapes/Movies
Commercial videos Commercial videos (movies)(movies)
Cannot be used for reward or Cannot be used for reward or entertainmententertainment
Free FridayFree Friday During testing During testing Rainy-day RecessRainy-day Recess Field DayField Day
Commercial videos Commercial videos (movies)(movies)
Must be used as part of Must be used as part of face-to-face instructionface-to-face instruction
Must be Must be documented in lesson documented in lesson plansplans, showing how the video , showing how the video supports goals and objectives of supports goals and objectives of lesson plan lesson plan
Must be a Must be a true and legal copytrue and legal copy
Commercial videos Commercial videos (movies)(movies)
Can be rented from video rental Can be rented from video rental store or public librarystore or public library
Borrowed from a studentBorrowed from a student Owned by the classroom teacherOwned by the classroom teacher Purchased by the schoolPurchased by the school
But...But...
Must be used as part of Must be used as part of face-to-face-to-face instructionface instruction
Must be Must be documenteddocumented in lesson in lesson plansplans
Must Must support goals and objectivessupport goals and objectives of lesson planof lesson plan
Must be a Must be a true and legal copytrue and legal copy
Fair UseFair Useofof
Recorded Recorded Television Television
ProgrammingProgramming
“Off-air” recording refers to programs received with antenna
Ten-day Fair Use Guidelines apply Recording may be used once as
part of teaching activities All premium channels (received
with cable or satellite) are restricted – no recording rights
Recording must be shown during first 10 school days after recording is made. Tape may be retained for 45 calendar days.
After the 45-day retention period, the recording must be erased.
Recording may be made only at request of and used by individual teachers.
Recording may not be made in anticipation of a request by individual teachers
Recording must include copyright notice on the broadcast program as recorded
Good Rule of ThumbGood Rule of Thumb Consider any program on regular Consider any program on regular
networks, e.g. ABC, CBS, NBC to be networks, e.g. ABC, CBS, NBC to be restrictedrestricted clearance – no taping rightsclearance – no taping rights
Encourage use of Cable-in-the-Encourage use of Cable-in-the-Classroom, ITV programming, or Classroom, ITV programming, or StreamlineSCStreamlineSC
Three things to consider Three things to consider when using videos for when using videos for
instructioninstruction
Consider the educational Consider the educational value of any video value of any video
Preview Preview all all videos before usevideos before use
Videos should not be used as Videos should not be used as crowd-control devices crowd-control devices
OTHER MEDIAOTHER MEDIA
Computer Software
Internet
Other Technologies
Computer softwareComputer software
Single UserSingle User Lab packsLab packs Network licenseNetwork license Site licenseSite license
•Don’t copy that Don’t copy that floppy, CD-ROM, floppy, CD-ROM, DVD!DVD!
•Don’t install single-Don’t install single-user license on more user license on more than one workstationthan one workstation
Remember!Remember!
Multimedia Multimedia ProjectsProjects
Multiple Copyrights Multiple Copyrights InvolvedInvolved
Moving Images: Video, DVDMoving Images: Video, DVD Still Images: Graphics, Scanned Still Images: Graphics, Scanned
images, Photos, Other Picturesimages, Photos, Other Pictures Music: Tapes, CDs, MP3sMusic: Tapes, CDs, MP3s Computer SoftwareComputer Software InternetInternet
Student UseStudent Use Students may use copyrighted works in Students may use copyrighted works in
multimedia projects.multimedia projects. Students may perform and display Students may perform and display
multimedia projects for academic multimedia projects for academic assignments.assignments.
Students may include their multimedia Students may include their multimedia projects in electronic portfolios for projects in electronic portfolios for assessment purposes.assessment purposes.
STUDENTS MUST DOCUMENT STUDENTS MUST DOCUMENT WORKS USED!!!!WORKS USED!!!!
Faculty may incorporate copyrighted works Faculty may incorporate copyrighted works into multimedia creations to create into multimedia creations to create curriculum materials.curriculum materials.
Faculty may demonstrate multimedia Faculty may demonstrate multimedia creations at professional conferences and creations at professional conferences and retain for professional portfolios.retain for professional portfolios.
Time limit on fair use is 2 years from Time limit on fair use is 2 years from completion of work.completion of work.
Teacher UseTeacher Use
Best SolutionBest Solution
Invest in clip art, music, video clips Invest in clip art, music, video clips created especially for multimedia projects created especially for multimedia projects because they are because they are copyright free.copyright free.
Use royalty-free images, music, etc., Use royalty-free images, music, etc., available on Webavailable on Web
Using Internet Using Internet MaterialsMaterials
Unless specifically stated, everything is Unless specifically stated, everything is copyright protectedcopyright protected
Fair Use guidelines applyFair Use guidelines apply
May not take print, images, etc., from May not take print, images, etc., from Internet sites and re-post on Internet siteInternet sites and re-post on Internet site
May post on a protected school/district May post on a protected school/district intranetintranet
May include links to other sites under May include links to other sites under “implied public access”“implied public access”
How much can I copy How much can I copy and use?and use?
Motion images - up to 10% or 3 Motion images - up to 10% or 3 minutes - whichever is lessminutes - whichever is less
Text - up to 10% or 1000 Text - up to 10% or 1000 words - whichever is lesswords - whichever is less
Music - up to 10% or 30 Music - up to 10% or 30 seconds, whichever is lessseconds, whichever is less
Photos and images - up to 5 Photos and images - up to 5 works from one author; up to works from one author; up to 10% or 15 works, whichever is 10% or 15 works, whichever is less, from a collectionless, from a collection
Database information - up to Database information - up to 10% or 2500 fields or cell 10% or 2500 fields or cell entries, whichever is lessentries, whichever is less
Managing Managing CopyrightCopyright
The Library Media Specialist is The Library Media Specialist is notnot the the "copyright police"!"copyright police"!
The Principal is ultimately responsible The Principal is ultimately responsible for copyright compliance in the school.for copyright compliance in the school.
The Principal should facilitate The Principal should facilitate establishing a copyright policy for the establishing a copyright policy for the school.school.
The library media specialist is there to The library media specialist is there to offer assistance to faculty/staff to offer assistance to faculty/staff to facilitate copyright compliance.facilitate copyright compliance.
An annual copyright in-service should An annual copyright in-service should be conducted for faculty/staff. be conducted for faculty/staff.
Everyone should notify Everyone should notify principal of known infractionsprincipal of known infractions
Can't know everything - But…Can't know everything - But… Can show that you are Can show that you are
complying to the best of your complying to the best of your abilityability
Redundant communicationRedundant communication
Request for Videotape Broadcast
Name of Video:_______________________________________________________________________
Date to be broadcast: ____________________________ Blocks 1 2 3 4
Teacher: _____________________________________ Telephone Ext. ___________________
Date of Request: _______________________________ Room Number: ___________________
REMINDER: Each request must be received in the Library Media Center at least 24 hours prior to the broadcast time. We musthave your request before 4th block in order to have the tapes ready for broadcast. No tape will be broadcast on the school-widedistribution system or on individual videocassette recorders unless all information is complete on this form.
VIDEOTAPE SOURCE:
______ PROPERTY OF ANYWHERE HIGH SCHOOL Catalog #_______________
______ PERSONAL COPYThis tape was purchased by/for me, and is a legally acquired copy of this program. I am lendingthis program to ANYWHERE High School as part of the educational program with theunderstanding that the program will be used for instructional purposes only. I release the staff andstudents at RVHS from liability for damages that may occur to my tape.
______ COMMERCIAL COPYAs a representative of _______________________________________ I grant permission to theteacher listed above to use this videotape at ANYWHERE High School. The tape will be usedonly for instruction and will not be altered in any way. Neither AHS nor the teacher will chargeany fees to any person to view the tape listed above. The teacher named above will be singlyresponsible for any damage or fees incurred in the use of the above-described tapes.Store Representative’s signature__________________________________ Date:______________
______ OFF-AIR RECORDINGThis tape was recorded off-air by ______________________________. I understand that thistape may only be used for ten (1) consecutive school days following the recording and may beused only once in relevant teaching activities. I also understand that between the eleventh (11th)and forty-fifth (45th) days this tape may be used for teacher evaluation only. It will not be shown tostudents during this period unless permission has been received from the copyright owner. I made_____copies of this recording. This/these recording(s) will be erased/destroyed no later than theforty-fifth (45th) day indicated below.Date of off-air recording: _______________________________ Channel ______________The 10th consecutive date after recording date is: _______________________________________The 45th day after the recording date is: ______________________________________________
FOR LIBRARY MEDIA CENTER USE ONLY:
Date: Approved:
Notice: The copyright law of the United States (Title 17 U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement.
Copyright Copyright NoticeNotice