C O P Y R I G H T L A W S I N T H E P U B L I C S C H O O L

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C O P Y R I G H T L A W S I N T H E P U B L I C S C H O O L

  1. 1. Copyright Laws in the Public School William Allan Kritsonis, PhD
  2. 2. What is copyright? <ul><li>Copyright gives authors and publishers the legal right to control the reproduction of their work </li></ul>
  3. 3. The Law <ul><li>The Federal Copyright Law is expressed in 17 USC §§101 ET. Seq. This law provides a copyright the moment something is put in tangible form. </li></ul><ul><li>The copyright affixes to the work the moment it is written on paper, saved on disk, painted on canvas, recorded on tape, or exposed to film. </li></ul>
  4. 4. 1976 Revisions to the Law and its effects on teachers <ul><li>The 1976 revised copyright law does not prohibit teachers from duplicating copyrighted material for classroom use. </li></ul><ul><li>Teachers may make a single copy for scholarly use for class preparation. </li></ul><ul><li>Teachers may make multiple copies for classroom use. </li></ul>
  5. 5. <ul><li>Teachers may copy a chapter from a book, a newspaper, magazine, a short story or a poem or chart, graph, diagram, cartoon, picture, and the like if the following conditions are met. </li></ul>
  6. 6. Conditions for Teachers <ul><li>The copying is at the instance and inspiration of the teacher. </li></ul><ul><li>There is not sufficient time prior to use to request permission from the publisher. </li></ul><ul><li>The copying is only for one course in the school. </li></ul><ul><li>Each copy includes a notice of copyright as it appears in the book or periodical. </li></ul>
  7. 7. Complying with Copyright Guidelines School Personnel May <ul><li>Make multiple copies for classroom use of the following: </li></ul><ul><li>250 words or less of a poem </li></ul><ul><li>Complete prose works if <2500 words </li></ul><ul><li>Excerpts of prose not exceeding 10% </li></ul><ul><li>One chart, graph, diagram from a book </li></ul><ul><li>Up to 2 pages or 10% of a text </li></ul>
  8. 8. Complying with Copyright Guidelines School personnel May Not <ul><li>Copy consumables such as workbooks or standardized test. </li></ul><ul><li>Copy items for use from term to term </li></ul><ul><li>Copy more than one poem, article, or essay by the same author, nor more than two excerpts from a collection. </li></ul>
  9. 9. Fair Use Clauses <ul><li>Fair Use, as defined in the law, has certain aspects that apply to everyone and others that apply only to certain classes of use, such as in nonprofit schools. </li></ul><ul><li>Fair use is considered when copied materials are intended for the promotion of knowledge and scholarship. </li></ul>
  10. 10. Conditional Rights of Fair Use <ul><li>The purpose and character of the use, including whether such use is of a commercial nature, or is for nonprofit educational purposes. </li></ul><ul><li>The nature of the copyrighted work. </li></ul><ul><li>The amount and substantiality of the portion used in relation to the copyrighted work as a whole. </li></ul><ul><li>The effect of the use upon the potential market for or value of the copyrighted work. </li></ul>
  11. 11. What is it called when violations occur? <ul><li>Innocent infringement </li></ul><ul><li>Standard Infringement </li></ul><ul><li>Willful Infringement </li></ul>
  12. 12. Innocent Infringement <ul><li>Unknowingly breaking copyright law </li></ul><ul><li>Example: A teacher reads in a journal that an item has fallen into public domain and makes copies. In truth, the journal confused two items of similar titles. </li></ul>
  13. 13. Standard Infringement <ul><li>Disregard to portions of the copyright </li></ul><ul><li>Example: A librarian makes copies of an article for a class many months in advance without making any attempt to contact the copyright holder to obtain permission. </li></ul>
  14. 14. Willful Infringement <ul><li>Direct intent to take advantage of copyright owner </li></ul><ul><li>Example: A principal asks permission to reproduce copies of a journal article for the faculty and is denied. He makes the copies anyway without a reasonable basis to believe he did not need permission. </li></ul>
  15. 15. Liability in the Public School <ul><li>Liability falls upon the individual who has infringed the copyright. </li></ul><ul><li>Technology Specialists and Librarians are held liable if acts of copyright infringements are known by them. </li></ul><ul><li>Principals are liable if it occurs on their campuses for they are the leaders of the building. </li></ul>
  16. 16. Copyright Myths <ul><li>Ten big copyright myths are explained at: </li></ul><ul><li>www.templetons.com/brad/copymyths.html </li></ul>

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