Copyright and Fair Use Marietta City Schools Media Program

What is copyright? Actual Federal Law: Title 17, United States Code, Public Law 94-553, 90 Stat.2541 Protects all forms of expression that are put down in some type of concrete form. The law has changed almost every year since 1976. http://www.copyright.gov/

Actual Federal Law: Title 17, United States Code, Public Law 94-553, 90 Stat.2541

Protects all forms of expression that are put down in some type of concrete form.

The law has changed almost every year since 1976.

http://www.copyright.gov/

So What? Federal offense to break the law Expensive mistake Lawsuits go up chain of command

Federal offense to break the law

Expensive mistake

Lawsuits go up chain of command

Penalties for Infringement Fines from $750-$30,000 PER INFRINGEMENT Felony conviction in some instances

Fines from $750-$30,000 PER INFRINGEMENT

Felony conviction in some instances

Schools can use any copyright protected material they wish because they are a school. Using materials is okay if you don’t make a profit. Misconceptions From “10 Big Myths About Copyright Explained” http://www.templetons.com/brad/copymyths.html

Schools can use any copyright protected material they wish because they are a school.

Using materials is okay if you don’t make a profit.

Promoting someone’s work by distributing copies is justification for free use. Materials used “for the good of kids” absolves one of copyright liability. Misconceptions

Promoting someone’s work by distributing copies is justification for free use.

Materials used “for the good of kids” absolves one of copyright liability.

Misconceptions If it doesn’t have a copyright notice, it’s not copyrighted. If I don’t charge for it, it’s not a violation.

If it doesn’t have a copyright notice, it’s not copyrighted.

If I don’t charge for it, it’s not a violation.

Misconceptions If I make up my own work, but base it on another work, my new work belongs to me.

If I make up my own work, but base it on another work, my new work belongs to me.

What CAN I Use?

Materials in the Public Domain Passes out of copyright law Fair for anyone to use for any reason. Works from authors who died before 1937 Works created before 1887 Works published before 1978 without a valid copyright notice Works the author has granted freely to the public domain

Passes out of copyright law

Fair for anyone to use for any reason.

Works from authors who died before 1937

Works created before 1887

Works published before 1978 without a valid copyright notice

Works the author has granted freely to the public domain

Materials with Creative Commons Licenses CC came into existence in 2002 as an alternative to full copyright. Grant certain "baseline rights“ such as the right to distribute the copyrighted work without changes, at no charge. Most want credit only. Know the symbols.

CC came into existence in 2002 as an alternative to full copyright.

Grant certain "baseline rights“ such as the right to distribute the copyrighted work without changes, at no charge.

Most want credit only. Know the symbols.

Obtain Permissions Can contact the author or publisher directly Can get permission to use books and journals through the Copyright Clearance Center http://www.copyright.com/ Purchase public performance rights through Movie Licensing USA http://www.movlic.com/

Can contact the author or publisher directly

Can get permission to use books and journals through the Copyright Clearance Center http://www.copyright.com/

Purchase public performance rights through Movie Licensing USA http://www.movlic.com/

Otherwise……

Rights of the Creator of the Copyrighted Work The Creator Has Sole Rights to Reproduction- copies Adaptations- change work Distribution- giving out/selling Public Performance Displays

The Creator Has Sole Rights to

Reproduction- copies

Adaptations- change work

Distribution- giving out/selling

Public Performance

Displays

Four Tests of Fair Use Character of Use- Education Nature of Work- Factual, creative, published, unpublished Amount of Work Used Effect on Market Value- Who loses money Criteria

Four Tests of Fair Use

Character of Use- Education

Nature of Work- Factual, creative, published, unpublished

Amount of Work Used

Effect on Market Value- Who loses money

What are the guidelines? That depends on what medium we are talking about… Fair Use Guidelines

What are the guidelines?

That depends on what medium we are talking about…

FAIR USE IN THE CLASSROOM FOR SCHOLARLY RESEARCH USE IN TEACHING (face-to-face instruction) USE IN PREPARATION TO TEACH A CLASS USE IN CLASSROOM DISCUSSION PRESENTATION AT PEER WORKSHOPS AND CONFERENCES PERSONAL USES (job reviews or interviews)

FOR SCHOLARLY RESEARCH

USE IN TEACHING (face-to-face instruction)

USE IN PREPARATION TO TEACH A CLASS

USE IN CLASSROOM DISCUSSION

PRESENTATION AT PEER WORKSHOPS AND CONFERENCES

PERSONAL USES (job reviews or interviews)

FAIR USE- SINGLE COPYING FOR TEACHERS 1 CHAPTER FROM A BOOK 1 ARTICLE FROM A PERIODICAL OR NEWSPAPER 1 SHORT STORY, SHORT ESSAY OR SHORT POEM 1 CHART, GRAPH, DIAGRAM, DRAWING, CARTOON, OR PICTURE FROM A BOOK, PERIODICAL OR NEWSPAPER

1 CHAPTER FROM A BOOK

1 ARTICLE FROM A PERIODICAL OR NEWSPAPER

1 SHORT STORY, SHORT ESSAY OR SHORT POEM

1 CHART, GRAPH, DIAGRAM, DRAWING, CARTOON, OR PICTURE FROM A BOOK, PERIODICAL OR NEWSPAPER

FAIR USE- MULTIPLE COPYING FOR TEACHERS 1 COPY PER PUPIL

1 COPY PER PUPIL

FAIR USE- MULTIPLE COPYING FOR TEACHERS MEETS “BREVITY” TEST (the amount being copied) Poem: Less that 250 words or two pages or less Article, Story, Essay: Less than 2500 words Text: Not more than 10% of the work or 1000 words, whichever is less Illustration: 1 per book or issue

MEETS “BREVITY” TEST (the amount being copied)

Poem: Less that 250 words or two pages or less

Article, Story, Essay: Less than 2500 words

Text: Not more than 10% of the work or 1000 words, whichever is less

Illustration: 1 per book or issue

FAIR USE- MULTIPLE COPYING FOR TEACHERS MEETS “SPONTANEITY” TEST (How quickly do you need it?) Based on immediate needs of teacher Can’t copy and save it for undetermined amount of time

MEETS “SPONTANEITY” TEST (How quickly do you need it?)

Based on immediate needs of teacher

Can’t copy and save it for undetermined amount of time

FAIR USE- MULTIPLE COPYING FOR TEACHERS MEETS “CUMULATIVE EFFECT” TEST (harm to potential market of an author) For only one course or subject No more than one work from one author Can only do this nine times over a year

MEETS “CUMULATIVE EFFECT” TEST (harm to potential market of an author)

For only one course or subject

No more than one work from one author

Can only do this nine times over a year

FAIR USE- MULTIPLE COPYING FOR TEACHERS COPIES SHOULD INCLUDE A NOTICE OF COPYRIGHT Who wrote it/did it? What is it you are copying? When was it published? Where was it published?

COPIES SHOULD INCLUDE A NOTICE OF COPYRIGHT

Who wrote it/did it?

What is it you are copying?

When was it published?

Where was it published?

FAIR USE No-No’s Cannot replace/substitute a work, esp. books or periodicals that can be purchased Cannot copy consumables (without express permission from publisher) Cannot charge students money over the amount needed to make copy Cannot be ordered to copy by higher authority Cannot copy same work for more than one semester, class or course Cannot use copyrighted work for commercial purposes Cannot use copyrighted work without attributing the author

Cannot replace/substitute a work, esp. books or periodicals that can be purchased

Cannot copy consumables (without express permission from publisher)

Cannot charge students money over the amount needed to make copy

Cannot be ordered to copy by higher authority

Cannot copy same work for more than one semester, class or course

Cannot use copyrighted work for commercial purposes

Cannot use copyrighted work without attributing the author

Special School Situations Must occur in the course of face-to-face teaching activities Excludes long-distance learning

Must occur in the course of face-to-face teaching activities

Excludes long-distance learning

Special School Situations DISPLAYS Cannot use, recreate syndicated comic strip or cartoon characters for bulletin boards, hallways, cafeteria walls, or library displays “ My Bulletin Board” From magandafille's photostream on flickr.com, April, 2006

DISPLAYS

Cannot use, recreate syndicated comic strip or cartoon characters for bulletin boards, hallways, cafeteria walls, or library displays

Special School Situations AUDIO No narrating of an entire story. You cannot make your own “books on tape” No copying of tapes or CDs for any reason unless to replace a damaged copy already owned. “ Tape Recorder” from isriya's photostream on flickr.com, April, 2008

AUDIO

No narrating of an entire story.

You cannot make your own “books on tape”

No copying of tapes or CDs for any reason unless to replace a damaged copy already owned.

Videos Viewing must take place in a classroom or similar place for instruction, Must be of a legally acquired (or legally copied) copy of the work Must be shown in face-to-face teaching situation

Viewing must take place in a classroom or similar place for instruction,

Must be of a legally acquired (or legally copied) copy of the work

Must be shown in face-to-face teaching situation

Marietta City Schools Video Rules You may only show movies purchased by the school for school use. No rentals and store bought “For Home Use” videos/DVDs are allowed. You may not show full length feature films in their entirety to students but may show clips for instructional purposes related to the GPS not just for entertainment or reward. Can’t show any Disney unless it has been purchased through Disney Educational Productions

You may only show movies purchased by the school for school use. No rentals and store bought “For Home Use” videos/DVDs are allowed.

You may not show full length feature films in their entirety to students but may show clips for instructional purposes related to the GPS not just for entertainment or reward.

Can’t show any Disney unless it has been purchased through Disney Educational Productions

Music Cannot copy sheet music if you can buy it. Cannot reproduce or convert works to different mediums (MP3s) You can use up to 10% from records, cassette tapes, CD’s, and/or audio clips

Cannot copy sheet music if you can buy it.

Cannot reproduce or convert works to different mediums (MP3s)

You can use up to 10% from records, cassette tapes, CD’s, and/or audio clips

Software If purchased, can be installed on machines or via network = to number of licenses . Can make copies for archival use or to replace lost/damaged/stolen copies. Once installed it becomes school property. Can’t install a program from CD or floppy disc if it is already installed in one place (unless you have a site license)

If purchased, can be installed on machines or via network = to number of licenses .

Can make copies for archival use or to replace lost/damaged/stolen copies.

Once installed it becomes school property.

Can’t install a program from CD or floppy disc if it is already installed in one place (unless you have a site license)

Internet Images for student projects or teacher lessons (cite sources when you can) Sound files/video (10%) Reposting images on the Internet without permission.

Images for student projects or teacher lessons (cite sources when you can)

Sound files/video (10%)

Reposting images on the Internet without permission.

Multimedia/Video Projects Inserted material can equal 10% or 3 minutes of the total original work

Inserted material can equal 10% or 3 minutes of the total original work

Television Regular local VHF and EHF channels (local channels) taped at school or home can be shown. Must include all copyright information. Making copies to use in different classrooms at same time.

Regular local VHF and EHF channels (local channels) taped at school or home can be shown. Must include all copyright information.

Making copies to use in different classrooms at same time.

Television Cannot tape cable channels like Disney, Nickelodeon, Discovery, etc. Cannot tape same program multiple times Cannot use after 45 days.

Cannot tape cable channels like Disney, Nickelodeon, Discovery, etc.

Cannot tape same program multiple times

Cannot use after 45 days.

Television Students must view program during the first 10 school days – 1 time for instruction, 1 time for reinforcement. During other 35 days, teacher can use for evaluation of students.

Students must view program during the first 10 school days –

1 time for instruction,

1 time for reinforcement.

During other 35 days, teacher can use for evaluation of students.

What do students need to know? When you take notes or write a paper, write down the information in your own words To give credit where credit is due Instructors should teach students to cite resources within reports and through bibliographies

When you take notes or write a paper, write down the information in your own words

To give credit where credit is due

Instructors should teach students to cite resources within reports and through bibliographies

What do students need to know? Recommended citations styles: K-5 MLA 6-12 MLA and APA

Recommended citations styles:

K-5 MLA

6-12 MLA and APA

References Board of Regents of the University System of Georgia. (2006). Regents guide to understanding copyright & educational fair use. Retrieved June 19, 2006 from www.usg.edu /legal/copyright/ Griffin-Spalding County School System. (2004) Media specialist handbook. Griffin, GA. Griffin-Spalding County Schools. (1998) Questions concerning copyright compliance [Brochure]. Griffin, GA. Simpson, C.M. (2005) Copyright for schools: A practical guide. Worthington, Ohio: Linworth. O’Mahoney, B. (2005). Copyright website . Retrieved June 19, 2006 from http:// www.benedict.com / Templeton, B. (2008). 10 big myths about copyright explained. Brad Templeton’s home page. Retrieved August 31, 2009 from http://www.templetons.com/brad/copymyths.html All Photos courtesy of Microsoft Office unless otherwise noted. From “10 Big Myths About Copyright Explained” http://www.templetons.com/brad/copymyths.html

Board of Regents of the University System of Georgia. (2006). Regents guide to understanding copyright & educational fair use. Retrieved June 19, 2006 from www.usg.edu /legal/copyright/

Griffin-Spalding County School System. (2004) Media specialist handbook. Griffin, GA.

Griffin-Spalding County Schools. (1998) Questions concerning copyright compliance [Brochure]. Griffin, GA.

Simpson, C.M. (2005) Copyright for schools: A practical guide. Worthington, Ohio: Linworth.

O’Mahoney, B. (2005). Copyright website . Retrieved June 19, 2006 from http:// www.benedict.com /

Templeton, B. (2008). 10 big myths about copyright explained. Brad Templeton’s home page. Retrieved August 31, 2009 from http://www.templetons.com/brad/copymyths.html

All Photos courtesy of Microsoft Office unless otherwise noted.