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

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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 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 Presentation Transcript

    • Copyright Laws in the Public School William Allan Kritsonis, PhD
    • What is copyright?
      • Copyright gives authors and publishers the legal right to control the reproduction of their work
    • The Law
      • 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.
      • 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.
    • 1976 Revisions to the Law and its effects on teachers
      • The 1976 revised copyright law does not prohibit teachers from duplicating copyrighted material for classroom use.
      • Teachers may make a single copy for scholarly use for class preparation.
      • Teachers may make multiple copies for classroom use.
      • 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.
    • Conditions for Teachers
      • The copying is at the instance and inspiration of the teacher.
      • There is not sufficient time prior to use to request permission from the publisher.
      • The copying is only for one course in the school.
      • Each copy includes a notice of copyright as it appears in the book or periodical.
    • Complying with Copyright Guidelines School Personnel May
      • Make multiple copies for classroom use of the following:
      • 250 words or less of a poem
      • Complete prose works if <2500 words
      • Excerpts of prose not exceeding 10%
      • One chart, graph, diagram from a book
      • Up to 2 pages or 10% of a text
    • Complying with Copyright Guidelines School personnel May Not
      • Copy consumables such as workbooks or standardized test.
      • Copy items for use from term to term
      • Copy more than one poem, article, or essay by the same author, nor more than two excerpts from a collection.
    • Fair Use Clauses
      • 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.
      • Fair use is considered when copied materials are intended for the promotion of knowledge and scholarship.
    • Conditional Rights of Fair Use
      • The purpose and character of the use, including whether such use is of a commercial nature, or is for nonprofit educational purposes.
      • The nature of the copyrighted work.
      • The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
      • The effect of the use upon the potential market for or value of the copyrighted work.
    • What is it called when violations occur?
      • Innocent infringement
      • Standard Infringement
      • Willful Infringement
    • Innocent Infringement
      • Unknowingly breaking copyright law
      • 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.
    • Standard Infringement
      • Disregard to portions of the copyright
      • 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.
    • Willful Infringement
      • Direct intent to take advantage of copyright owner
      • 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.
    • Liability in the Public School
      • Liability falls upon the individual who has infringed the copyright.
      • Technology Specialists and Librarians are held liable if acts of copyright infringements are known by them.
      • Principals are liable if it occurs on their campuses for they are the leaders of the building.
    • Copyright Myths
      • Ten big copyright myths are explained at:
      • www.templetons.com/brad/copymyths.html