Copyright And Fair Use 2009
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  • 1. Copyright and Fair Use Marietta City Schools Media Program
  • 2. 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/
  • 3. So What?
    • Federal offense to break the law
    • Expensive mistake
    • Lawsuits go up chain of command
  • 4. Penalties for Infringement
    • Fines from $750-$30,000 PER INFRINGEMENT
    • Felony conviction in some instances
  • 5.
    • 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
  • 6.
    • 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
  • 7. 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.
  • 8. Misconceptions
    • If I make up my own work, but base it on another work, my new work belongs to me.
  • 9. What CAN I Use?
  • 10. 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
  • 11. 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.
  • 12. 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/
  • 13. Otherwise……
  • 14. 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
  • 15.
    • 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
  • 16.
    • What are the guidelines?
    • That depends on what medium we are talking about…
    Fair Use Guidelines
  • 17. 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)
  • 18. 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
  • 19. FAIR USE- MULTIPLE COPYING FOR TEACHERS
    • 1 COPY PER PUPIL
  • 20. 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
  • 21. 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
  • 22. 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
  • 23. 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?
  • 24. 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
  • 25. Special School Situations
    • Must occur in the course of face-to-face teaching activities
    • Excludes long-distance learning
  • 26. 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
  • 27. 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
  • 28. 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
  • 29. 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
  • 30. 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
  • 31. 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)
  • 32. Internet
    • Images for student projects or teacher lessons (cite sources when you can)
    • Sound files/video (10%)
    • Reposting images on the Internet without permission.
  • 33. Multimedia/Video Projects
    • Inserted material can equal 10% or 3 minutes of the total original work
  • 34. 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.
  • 35. Television
    • Cannot tape cable channels like Disney, Nickelodeon, Discovery, etc.
    • Cannot tape same program multiple times
    • Cannot use after 45 days.
  • 36. 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.
  • 37. 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
  • 38. What do students need to know?
    • Recommended citations styles:
    • K-5 MLA
    • 6-12 MLA and APA
  • 39. 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