Copyright Laws In The Public School

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Dr. William Allan Kritsonis, School Law, Curriculum Legal Issues, Curriculum and Law, Extra Curricular Activites, Copyrights, Attendance, Discrimination, Due Process

Dr. William Allan Kritsonis, School Law, Curriculum Legal Issues, Curriculum and Law, Extra Curricular Activites, Copyrights, Attendance, Discrimination, Due Process

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  • 1. Copyright Laws in the Public School William Allan Kritsonis, PhD
  • 2. What is copyright?
    • Copyright gives authors and publishers the legal right to control the reproduction of their work
  • 3. 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.
  • 4. 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.
  • 5.
    • 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.
  • 6. 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.
  • 7. 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
  • 8. 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.
  • 9. 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.
  • 10. 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.
  • 11. What is it called when violations occur?
    • Innocent infringement
    • Standard Infringement
    • Willful Infringement
  • 12. 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.
  • 13. 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.
  • 14. 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.
  • 15. 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.
  • 16. Copyright Myths
    • Ten big copyright myths are explained at:
    • www.templetons.com/brad/copymyths.html