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Go around the room and have each person complete one of these sentences:
The best job I ever had was…
The worst project I ever worked on was…
The riskiest thing I ever did was…
WHAT IS COPYRIGHT? “ Copyright is a form of protection provided by the laws of the United States to the authors of ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works” (Library of Congress).
WHY ARE COPYRIGHT LAWS IMPORTANT TO TEACHERS? Copyright laws are important to teachers because there are limitations that they must know and should make the right decisions when copying protected materials. In addition, educators are given special privileges called “fair use” that should be known when copying protected materials.
In 1790, the first Copyright Act was enacted in the United States. Since that time there have been many revisions to the law. The Copyright Act Revision of 1976 added the “fair use” clause. “The Copyright Act of 1976 grants a number of exclusive rights to copyright owners, including: reproduction right, distribution right, right to create adaptations, and performance and display rights” (Stanford University Libraries). HISTORY OF COPYRIGHT
WHAT KIND OF WORKS ARE PROTECTED BY COPYRIGHT? There are many types of materials protected by copyright law, from print to graphical to electronic. These can be in the form of books, videos, magazine articles, paintings, illustrations, cartoons, email messages, etc.
HOW LONG DOES COPYRIGHT LAST? Copyright lasts for the life of the author plus 70 years or, for works made for hire, 120 years from its creation.
ACTIVITY #1 Please find the red sheet for Activity #1. You will search the list of selected works using the Library of Congress’ copyright records search at http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First Please see the tutorial first.
ARE THERE OTHER WAYS TO LEGALLY USE COPYRIGHTED MATERIAL? Public domains, expired copyrighted materials, and U.S. government materials can all be reproduced legally. Other materials may be used if one requests permission from the copyright holder. Fair use can also be used when reproducing copyrighted materials.
WHAT IS FAIR USE? “ Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism” (Stanford University Libraries).
Since the copyright law prohibits the unauthorized use of copyrighted materials while allowing criticism, teaching, research, news reporting, etc., certain privileges are given to teachers for particular uses of copyright works.
Four factors are used in determining Fair Use:
Purpose and character of the use
Nature of the copyrighted work
Amount and substantiality of the material used
The effect of use on the potential market of the work
Purpose and Character of the Use This factor determines whether the material was used for financial gain, education, or commercially. Unfortunately, even if you are not using the material to make a profit, the courts need to review all four factors.
Nature of the Copyrighted Work This factor determines what type of material the work is, whether the work is scholarly or commercial. For example, copying a study on animals is more likely to be considered to be fair use than copying music or copying a workbook.
Amount and Substantiality of the Material Used This factor determines the amount of the portion of the work used. The less you copy, the more likely it will be excused as fair use. However, even if you copy a small portion of the work, the material copied will not be a fair use if the portion taken is the “heart” of the work (Stanford University Libraries).
The Effect of Use on the Potential Market of the Work This factor determines “whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work” (Stanford University Libraries).
THE DE MINIMUS DEFENSE De minimus is used in court cases when the portion of material copied is small enough not to be considered for a fair use analysis. For example, in a court case dealing with a motion picture, a producer was sued for using copyrighted pictures in the film. The courts viewed the film and decided that the pictures were de minimus due to being out of focus and practically unrevealed.
ACTIVITY #2 Please access the Stanford University Libraries’ website at http://fairuse.stanford.edu and locate one court case under the “Dockets” tab. Summarize it and be prepared to share it with the class.
Poem - less than 250 words and printed on not more than two pages, or a selection from a poem of not more than 250 words
Article, Story, or Essay – less than 2,500 words or a selection of not more than 1,000 words or 10% of a the material, whichever is less
Chart, Graph, Diagram, Drawing, Cartoon, Periodical, or Picture per Book
Maximum of two published pages with less than 10% of a material that combines text and illustrations
THE FAIR USE TEST
THE FAIR USE TEST 2) Spontaneity The teacher copies published materials and distributes to students as a last minute decision for a lesson plan.
THE FAIR USE TEST 3) Cumulative Effect The teacher is copying the material for one class during one term (cannot copy more than nine times for one course during one term). Teachers may only reproduce materials (one short poem, article, story, essay, or two excerpts) from the same author. Also, teachers may not reproduce more than three times from the same group of works for one course term.
Section 110 of the U.S. Copyright Law (Fair Use) establishes that teachers have the right to display and perform audiovisual materials. Particular conditions must ALL be met for the use of audiovisual materials to be allowed:
Must be part of the lesson plan.
Must be shown by teachers or students.
Must be shown in classroom or other school location.
Must be shown in a face-to-face environment.
Must be shown only to students and teachers.
Must be shown using a legal copy with a copyright notice.
Educational institutions are allowed to record television programs and use them for instructional purposes if they meet the following guidelines:
A broadcast program may be recorded off-air and kept for a period for no longer than forty-five (45) consecutive calendar days after the date of the recording. It must be erased or destroyed immediately after that date.
Off-air recordings can only be used once by the teacher for the lesson plan and only once for reinforcement during the first ten (10) consecutive school days in the fort-five (45) calendar day of the retention period.
Individual teachers may only make the requests for and use of off-air recordings.
Teachers do not have to use the complete off-air recording, but they cannot modify them in any way.
Copyright notice must be included.
Appropriate control measures must be established at schools to uphold the integrity of the off-air recording guidelines.
COMPUTER SOFTWARE Computer software is somewhat different than copyrighted publications. In most cases, the consumer purchases the software program, not the copyright. In schools, software programs are usually bought with a license per a number of workstations. If it is illegally reproduced, then it is a violation of the copyright law. Before installing a piece of school software, please make sure you are allowed.
SCANNING Limited amounts of copyrighted materials can be scanned from print to digital. Students are allowed to scan a limited amount of materials into a project, but it may only be allowed to be shown in the class for which it was produced. Teachers or students may not scan cartoons or articles into a newsletter unless it is for criticism, comment, or news reporting. *When scanning images, follow photocopying or multimedia guidelines.
MULTIMEDIA GUIDELINES Teachers are allowed to include portions of legally obtained materials when creating their own educational multimedia projects used in the classroom. Guidelines on portion limits are as follows: Motion media – up to 10% or three minutes Text – up to 10% or 1,000 words Music – up to 10% or 30 seconds (music or lyrics) Photos or Images – up to five works from one author; up to 10% or 15 works from a collection
ACTIVITY #3 Please access the Library of Congress’ website at http://loc.gov and define the following six terms: Fair Use, Copyright, Publication, Copyright Infringement, Public Domain, and Copyright Notice.
RESOURCES Library of Congress’ Copyright Office http://loc.gov Stanford University Libraries http://fairuse.stanford.edu