From the desk of Dolly W. Morris, HMS Media Specialist SY 12-13 Copyright, Fair Use, & Creative Commons Teacher Info. Copyright and Fair Use Guidelines for Teachers This chart was designed to inform teachers of what they may do under the law. Feel free to make copies for teachers in your school or district, or download a PDF version at www.techlearning.com. More detailed information about fair use guidelines and copyright resources is available at www.halldavidson.net.Medium Specifics What you can do The Fine PrintPrinted Material • Poem less than 250 words; 250-word • Teachers may make • Copies may be made only from legally multiple copies for(short) excerpt of poem greater than 250 words classroom use, and acquired originals. incorporate into • Only one copy allowed per • Articles, stories, or student. essays less than multimedia for 2,500 words • Teachers may make copies in teaching classes. nine • Excerpt from a longer • Students may work (10 percent of work instances per class per term. or 1,000 words, whichever incorporate text into • Usage must be “at the is less) multimedia projects. instance • One chart, picture, and inspiration of a single diagram, or cartoon per teacher,” book or per periodical i.e., not a directive from issue the district. • Two pages (maximum) from • Don’t create anthologies. an illustrated work less than • “Consumables,” such as 2,500 words, workbooks, e.g., a children’s book may not be copied.Printed Material • An entire work • Portions of a work • A librarian may make up to three • Copies must contain copyright information.(archives) • A work in which the existing format copies “solely for the • Archiving rights are designed to allow purpose of has become obsolete, e.g., libraries to share with other replacement of a copy a document libraries stored on a Wang computer that is damaged, one-of-a-kind and out-of-print deteriorating, lost, or books. stolen.”Illustrations • Photograph • Single works may be used in their entirety, • Although older illustrations may be in • Illustrationand Photographs • Collections of but no more than five the public domain and don’t photographs images by a single need permission • Collections of artist or photographer to be used, sometimes they’re may be used. part illustrations • From a collection, not of a copyright collection. more than 15 images or Copyright 10 percent (whichever is ownership information is
From the desk of Dolly W. Morris, HMS Media Specialist SY 12-13 Copyright, Fair Use, & Creative Commons Teacher Info. less) may be used. available at www.loc.gov or www.mpa.org.Video • Videotapes • Teachers may use • The material must be legitimately (purchased) these materials in(for viewing) • Videotapes (rented) the classroom. acquired. • Material must be used in a • DVDs • Copies may be made classroom • Laserdiscs for archival purposes or nonprofit environment or to replace lost, “dedicated damaged,or stolen to face-to-face instruction.” • Use should be instructional, copies. not for entertainment or reward. • Copying OK only if replacements are unavailable at a fair price or in a viable format.Video • Videotapes • DVDs • Students “may use portions of lawfully • The material must be legitimately(for integration • Laserdiscs acquired copyright works acquired (a legal copy, not • Multimedia in their academic bootleg orinto encyclopedias multimedia,” defined as home recording).multimedia or • QuickTime Movies • Video clips from the 10 percent or three minutes (whichever is • Copyright works included in multimediavideo Internet less) of “motion media.” projects must give proper attributionprojects) to copyright holder.Music • Records • Up to 10 percent of a copyright musical • A maximum of 30 seconds • Cassette tapes per musical(for integration • CDs composition may be composition may be used. reproduced, performed,into • Audio clips on the and displayed as part of • Multimedia program must Web have anmultimedia or a multimedia program produced by an educator educational purpose.video or students.projects)Computer Software • Software (purchased) • Library may lend software to patrons. • Only one machine at a time may use • Software (licensed) • Software may be the program. installed on multiple • The number of simultaneous machines, and distributed users must to users via not exceed the number of a network. licenses; and
From the desk of Dolly W. Morris, HMS Media Specialist SY 12-13 Copyright, Fair Use, & Creative Commons Teacher Info. • Software may be the number of machines being installed at home and at used school. must never exceed the number • Libraries may make licensed. copies for archival use or A network license may be to replace lost, damaged, required for or stolen copies if multiple users. software is unavailable at • Take aggressive action to a fair price or in a monitor that viable format. copying is not taking place (unless for archival purposes).Internet • Internet connections • Images may be downloaded for • Resources from the Web may not be • World Wide Web student projects and reposted onto the Internet teacher lessons. without • Sound files and video permission. However, links to may be downloaded for use legitimate in multimedia projects resources can be posted. (see portion restrictions • Any resources you download above). must have been legitimately acquired by the Website.Television • Broadcast (e.g., • Broadcasts or tapes made from broadcast may be used • Schools are allowed to retain broadcast ABC, NBC, CBS, for instruction. tapes for a minimum of 10 school UPN, PBS, and local • Cable channel programs days. stations) may be used (Enlightened rights holders, • Cable (e.g., with permission. Many such asPBS’s CNN,MTV, HBO) programs may ReadingRainbow, allow for much • Videotapes made of be retained by teachers more.) for years— • Cable programs are technically broadcast and see Cable in the Classroom not cable TV programs (www.ciconline.org) for covered by the same guidelines details. as broadcast television.Sources: United States Copyright Office Circular 21; Sections 107, 108, and 110 of the Copyright Act (1976) and subsequentamendments, including the Digital Millennium Copyright Act; Fair Use Guidelines for Educational Multimedia; cable systems(and their associations); and Copyright Policy and Guidelines for California’s School Districts,California Department ofEducation. Note: Representatives of the institutions and associations who helped to draw up many of the above guidelineswrote a letter to Congress dated March 19,1976,stating:“There may be instances in which copying that does not fall withinthe guidelines stated [above] may nonetheless be permitted under the criterion of fair use.”
From the desk of Dolly W. Morris, HMS Media Specialist SY 12-13 Copyright, Fair Use, & Creative Commons Teacher Info.What is Creative Commons?Since Copyright protection limits free use of many works, it can sometimes be difficult to find sources for teacher or student projectsand multimedia presentations. Fortunately, Creative Commons allows users to share images, music, video and other creations freely.Established in 2001, Creative Commons is a nonprofit corporation, whose purpose is to make it easier for people to share, mix andbuild upon the works of others. Utilizing six main licenses, creators freely share their work under certain conditions and uses, ordedicate them to the public domain. Depending upon the license, users can use works in collaborative ways and then, publish andlicense their final product.To learn more about utilizing Creative Commons… Watch the videos,Get Creative and Wanna Work Together. Learn about the six primaryCreative Commons licenses.What are some resources for Creative Commons?Images: Pics4Learning, a site that has donated images for teacher and student use.Video: Blip.tv, a video hosting website, which allows users to search by CC license.Sounds: SoundBible.com, the “Encyclopedia of Sounds,” allows users to make requests of the online community and containsroyalty free sounds effects that are either in the public domain or have CC Attribution licensing. SoundTransit, an original Germanphonography project, is now an international collaborative online community that provides field recordings with CC Attribution licensing.Music and spoken word: CC Mixter, a community website for music and spoken word audio clips. American Music, a subscriptionbased database that offers copyright free music, requires a login (ocps) and password (copyright). Audio, video, text: Internet Archive, founded in 1996 and widely known for the Wayback Machine, the Internet’s archived web pagehistory, is a non-profit Internet Library that continues to add resources. Full text is available for public domain books through ProjectGutenberg and other collections. The audio database includes recordings from The Grateful Dead and historic radio programs, as liverecordings are of particular interest to the Archive. The video database collection contains classic movies and user created files. Usagerights vary on the site, due to the large collections and sources.Sounds, video, and images: Wikimedia Commons, formatted similarly to Wikipedia, is a user created wiki that serves as a “mediafile repository.” Each file is individually licensed by its contributor.