In the Know: Copyright and the Classroom

In the Know
Copyright and the Classroom
©
Cindy Fuller
Debbie Campbell
Denise D. Green
Joe Hardenbrook
Amanda Pippitt
Presented by Staley Library Faculty:
December 2009

In the Know: Copyright and the Classroom
Important laws and legislation
Scenarios involving copyright
Resources for additional investigation
Image source: “fuzzy copyright.” URL: http://www.flickr.com/photos/pugno_muliebriter/1384247192/.

Copyright: What’s Protected
Scribbles
Domain Names
Graffiti
Books
Titles
Simple Phrases
Music
Articles
Doodles
Movies
Ballets
Photographs
Facts
Ideas
Software
Plays
U.S. gov’t works
Sculpture
Slogans
Architecture
Paintings
Pantomimes
Names
recipes
Websites

Laws & Legislation
Copyright mentioned in the U.S. Constitution
U.S. Copyright Act 1790, 1909, 1976
Full-text of Act
Fair use (1976)
Sonny Bono Copyright Term Extension Act (1998)
Digital Millennium Copyright Act (1998)
TEACH Act (2002) (sec. 13301) – Distance ed. issues

What makes something copyrighted?
U.S. Copyright Act, Section 102(a)
Original work of authorship
Fixed in a tangible medium of expression now known or later developed
Source: U.S. Copyright Office. (2009). Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code. Retrieved 23 Nov. 2009 from http://www.copyright.gov/title17/92chap1.html.

When/How is something copyrighted?
Automatic…when you create something original that is “fixed,” it’s copyrighted!
Not required to register it with the U.S. Copyright Office.
Don’t have to use the ©.
Assume that almost every work is protected by copyright.
Source: Crews, K. (2000). Copyright Essentials for Librarians and Educators. Chicago: American Library Association.

How long is copyright?
Generally, works today are life of author + 70 years. (Thanks, Sonny!)
Copyright Term and the Public Domain
Flowchart of Copyright Length
Copyright Slider
Image source: “Stopwatch.” URL: http://www.flickr.com/photos/erica_marshall/2737425814/.

Fair Use
Section 107 of the U.S. Copyright Act
4 Factors 
Fair Use Checklist (Columbia Univ.)

Face-to-Face Teaching
Section 110 of the U.S. Copyright Act
Exemption for “performance or display of work by instructors or pupils in the course of face-to-face teaching activities…in a classroom or similar place devoted to instruction.”
Must be lawfully-obtained copy

TEACH Act
Technology, Education and Copyright Harmonization Act
Guidelines of the transmission of digital materials to distance education students
Not as broad as “fair use.”
Technological requirements – limited access, limited time, restricted dissemination
Sample Checklist (No. Carolina St. Univ.)

Scenario #1
Professor Smith reads an article on The Chronicle of Higher Education web site about faculty salaries.
She copies and pastes the article into her e-mail and forwards to the entire faculty.
Copyright violation?

Scenario #1: Answer….Yes
She copied the article and sent it out without the copyright owner’s permission.
Instead: Send out small excerpt or a link to the article.
See if the institution has a site license with The Chronicle.
Example: http://chronicle.com/article/Reprints/44236

Scenario #2: Question
The student “Italian Club” has a “Movie Night” on campus and shows some DVDs.
Acceptable / Not Acceptable???
Image source: “Bitter Rice.” URL: http://www.flickr.com/photos/pietroizzo/2983449757/.

Scenario #2: Answer…Need more info
Further Info: Copyright Advisory Office, Columbia University. (2009). Showing Films and Other Media. Retrieved 23 November 2009 from http://copyright.columbia.edu/copyright/fair-use/practical-applications/showing-films-and-other-media/.

Professor Jones wants to post a journal article in Moodle.
Is this OK?

Scenario #3: Answer…It Depends
Source: Copyright Advisory Office, Columbia University. (2009). Posting Course Materials Online. Retrieved 23 November 2009 from http://copyright.columbia.edu/copyright/fair-use/practical-applications/posting-course-materials-online.

Professor Smith goes to Blockbuster to rent Pride & Prejudice to show in his English Lit class.
Is this a violation of copyright?
Image source: “blockbuster.” URL: http://www.flickr.com/photos/digiart2001/3951170293/.

Scenario #4: Answer…It’s OK!
Why?
Qualifies under Section 110 of the U.S. Copyright Act
Source: Russell, C. (Ed). (2004). Complete Copyright: An Everyday Guide for Librarians. Chicago: American Library Association.

Professor Jones brings 2 copies of a CD to put on reserve in the Library for her music appreciation class. OK or not?
What if she burns a CD for Library Reserves with a compilation of tracks from various CDs in her own personal collection?
Copyright violation???

Scenario #5: Answer…Yes & Maybe
Beware: Music copyright can be a tricky area & (along with video copyright) is often more strictly interpreted.
Copying an entire CD would be a copyright violation, similar to copying an entire book.
Making a compilation CD for educational purposes could be argued as fair use, as long as it is made from legally owned copies.

Professor Smith is teaching an online class, “Media & Society,” and is using Moodle.
He wants to show a clip from the local news about a murder.
Can he do this without violating copyright/TEACH Act?
Image source: “one of the local news vans.” URL: http://www.flickr.com/photos/hgruber/704064041/.

Scenario #6: Answer…Hmm?
Short clip = fair use / Entire broadcast doesn’t
Factual news story. Not a dramatic work. In favor of fair use.
Display clip for only a short time and only to enrolled students. – TEACH Act
Exemption for media & film studies under the DMCA.

Student in your class finds an image on the Web that she wants to manipulate and use in a class project.
Is this a copyright violation?
Image source: “Condensed Consommé.” URL: http://www.flickr.com/photos/fredericksburg/2204440393/.

Scenario #7: Answer…Maybe?
No explicit guidelines on what types of changes she would have to make to consider it “original.”
Need to look at image permissions, or ask for permission.
People do this all the time.
Does that make it OK?

Professor Jones wants to make a collection of assorted readings (photocopies of various journal articles and book chapters) available to his students as course packs that his students would purchase from the bookstore.
Is this OK?
Image source: “vaiadoin’ homework.” URL: http://www.flickr.com/photos/posixeleni/3246445518/.

Scenario #8: Answer…It Depends
If copyright permissions for each reading are not obtained, then it's NOT OK!
Copyright permissions must be obtained for each course pack item. If the permissions are obtained, then all is well for that semester.
Keep in mind that copyright permissions are usually granted for one semester only. New permissions must be obtained for course packs in each course, each semester.

Now It’s Clicker Time…

How often do you use course packs in your classes?
Every semester
Once a year
Once in a while
Never

Are copyright permissions obtained for your course packs?
Yes
No
Sometimes
I never use coursepacks

If copyright permissions were simple to obtain, would you use course packs more often?
Yes
No

Today’s copyright workshop was…
Very useful
Somewhat useful
Not useful

Resources
Staley Library Copyright Information
http://www.millikin.edu/staley/services/copyright/Pages/default.aspx
United States Copyright Office
http://www.copyright.gov/
Columbia Univ. Copyright Advisory Office
http://copyright.columbia.edu/
NCSU Digital Scholarship & Publishing Ctr.
http://www.lib.ncsu.edu/dspc/main.html
Copyright Clearance Center
http://www.copyright.com/
Know Your Copyrights
http://knowyourcopyrights.org/

Bibliography
Armatas, S.A. (2008). Distance Learning and Copyright: A Guide to Legal Issues. Chicago: American Bar Association.
Butler, R. (2009). Smart Copyright Compliance for Schools: A How to Do It Manual for Librarians. New York: Neal-Schuman.
Hoffmann, G.M. (2005). Copyright in Cyberspace 2: Questions and Answers for Librarians. New York: Neal-Schuman.
LaFrance, M. (2008). Copyright Law in a Nutshell. St. Paul, MN: Thomson/West.
Lipinski, T.A. (2006). The Complete Copyright Liability Handbook for Librarians and Educators. New York: Neal-Schuman.
Rosen, R.S. (2008). Music and Copyright. New York: Oxford.
Russell, C. (2004). Complete Copyright: An Everyday Guide for Librarians. American Library Association.
Simpson, C. (2008). Copyright for Administrators. Columbus, OH: Linworth.
Westbrook, S. (Ed.). (2009). Composition & Copyright: Perspectives on Teaching, Text-making, and Fair Use. Albany, NY: SUNY Press.

In the Know: Copyright and the Classroom
Thank you for attending!
This presentation is not copyrighted and may be freely distributed with attribution given to the authors.
Note: This presentation does not constitute legal advice , nor does it serve as a substitution for legal counsel.
The presentation is adapted from “Copyright Issues in Higher Education” given by Joe Hardenbrook and Amanda Pippitt.

In the Know: Copyright and the Classroom

by Joe Hardenbrook on Dec 09, 2009

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