A person who creates a copyrighted work has six rights regarding that work: 1.Reproduction – The creator is the only one who can make and use copies of the copyrighted work. 2. Adaptation – The creator is the only one who can modify or change the work in any way. 3. Distribution – The creator is the only one who can give out copies of his work 4. Public performance – Applies to literary, musical or dramatic works; dance; motion pictures. The creator is the only one who can show or perform his work. 5. Public display – Applies to pictures, images, art, etc. The creator is the only one who can display his work. 6. Digital audio transmission – Applies to music on web pages or radio station transmission via Internet. The creator of the music is the only one who can publish it on the Web.
These are the main points from district Policy 644.
Also Policy 644 If you use copyrighted materials inappropriately, you are on your own! So…
Copyright law provides an exception to the copyright law for educators, called the “Fair Use” exemption. This exemption allows copyrighted materials to be used for educational and research purposes, while still protecting the rights of the author/creator. This is good news, but it doesn’t mean that we can use whatever we want, whenever we want.
Courts take all of these factors into consideration when determining if the use of copyrighted material in a given situation is legal or not. Test #1: For non-profit educational purposes - All educators can meet this test, but this is not the only thing that you have to consider. Test #2: The nature of the copy - What is the material that is being copied or shown? The more creative a work is the more highly protected it is. Copying and passing out a page from the Texas Almanac showing the average rain fall in Dallas County for the year 2000 is most likely OK. Copying several poems about rain from a library book and putting them all together in a packet for each student is not. Test #3: The amount of the work being used - The less you can use of a work the better. Test #4: The effect of the use upon the potential market value of the copyrighted work - Using or copying a work for your students must not adversely effect the ability of the author to sell their creation. You must consider all of these criteria before making copies of someone else’s work.
The same fair use guidelines that apply to printed materials don’t work for audiovisuals. Because of the nature of the audiovisual medium, producers worry not only about unauthorized copies, but also about losing profits from unauthorized performances of copyright protected works. Producers of music, movies, and television programs make their money from licensing those works for public exhibition and broadcast, as well as from direct sales, so they are especially concerned about what end users will do with the copy they have purchased.
According to this definition of a public performance, a classroom full of students and teachers qualifies. This means that to show a video or a web site would require a public performance license or permission from the producer to do so.
Luckily, the law does provide a “fair use” exemption for the performance or display of audiovisual works in schools. All four of these requirements must be met in order for the public performance of a video to be considered acceptable under the fair use exemption. If these four factors were rephrased into yes or no questions, you would have to answer YES to each in order for the use of the video to be considered “legal.” Factor 1: Is the performance presented by instructors or students? Most likely your answer would be YES. The first factor is easy to accomplish. Factor 2: Is the performance part of face-to face teaching? Face-to-face teaching means that the showing or performance is directly related to the curriculum that is being taught at the time of the showing. Example of a non face-to-face teaching situation: The freshman English curriculum requires that students read Shakespeare’s Romeo and Juliet in September. At the end of the semester, the English teacher decides to show the film version of the play to occupy her students while she works on grading final exams. The video should be shown while students are studying the play to meet the fair use guidelines. Always ask yourself, “Is this video an integral part of the unit I am teaching right now?” Also, beware of loose or questionable links from audiovisual material to the curriculum. Showing The Lion King during a study of Africa is not a reasonable tie-in that will help your students master the TEKS. There are many more appropriate materials that you could select. Factor 3: Does the performance take place in a classroom or similar place of instruction? Classrooms, auditoriums, gymnasiums, libraries, etc are examples of acceptable locations. School buses, churches, or other nonstandard locations are not. Factor 4: Was the copy of the performance legally acquired? When considering if a tape has been legally acquired, ask: Has it been paid for? If you have purchased it, you have legally acquired it. If you borrow a copy from the library or a friend who purchased it, it has been legally acquired. If you rent a copy of it from a video store, the store purchased the item, so it has been legally acquired. One exception to this rule: taping a program off broadcast television. Programs that have been taped off the free airwaves may only be used for 10 days after the taping. After 10 days, the tape is no longer legal. Also, there is NO FAIR USE EXEMPTION for taping off of cable or satellite channels. Each cable channel retains the right of reproduction. It is advisable to contact EMS for information about getting a copy of a program that has aired on a cable channel.
A school would need to have public performance rights for any movie or program that is shown for reward or entertainment.
In addition to following copyright law as it relates to video and multimedia, we also have to follow district policy. Policy 633e gives guidelines for the use of video in the classroom.
This is what copyright compliance is all about. Educators have a lot of leeway under the fair use guidelines, but if you can’t meet those requirements, you can ask for permission to use material from the copyright holder. All he can say is no…and he might say YES! It is up to us to model ethical and legal behavior for our students. In fact, 8 th grade Social Studies TEKS require that students identify examples of responsible citizenship, including obeying rules and laws. Just remember the Fair Use Guidelines and if those don’t make your use of the material legal, then ask permission.
MISD Copyright Guidelines Policy 644 PowerPoint presentation available for download at: http://tinyurl.com/6lw9xm
U.S. copyright law gives these rights to the creator of a work: <ul><li>Reproduction </li></ul><ul><li>Adaptation </li></ul><ul><li>Distribution of copies by sale, gift, rental, lease or lending </li></ul><ul><li>Public performance </li></ul><ul><li>Public display </li></ul><ul><li>Digital audio transmission </li></ul>
MISD copyright policy states that employees may not: <ul><li>Make unlawful copies on district-owned equipment </li></ul><ul><li>Use unlawful copies of materials on district equipment </li></ul><ul><li>Use unlawful copies in district facilities or at district functions/events </li></ul>
MISD legal and/or insurance protection will not cover: <ul><li>employees who copy materials unlawfully </li></ul><ul><li>OR </li></ul><ul><li>employees who use unlawfully copied materials </li></ul>
How can educators legally use copyrighted works in their teaching??? FAIR USE
Four Tests of “Fair Use”: <ul><li>For non-profit educational purposes </li></ul><ul><li>The nature of the copy </li></ul><ul><li>The amount of the work being used </li></ul><ul><li>The effect of the use upon the potential market value of the copyrighted work </li></ul>
Fair Use of Audiovisual Materials Public performance is the key…
What is a “public performance”? <ul><li>When audiovisual material is used in </li></ul><ul><li>“ a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family or its social acquaintances is gathered…” </li></ul>
Fair Use for Audiovisual Materials <ul><li>The performance must be presented by instructors or students, AND </li></ul><ul><li>The performance must occur in the course of face-to-face teaching activities, AND </li></ul><ul><li>The performance must take place in a classroom or similar place of instruction, AND </li></ul><ul><li>The performance must be of a legally acquired copy of the work </li></ul>
Use of audiovisuals for entertainment or reward is strictly prohibited under fair use Reward or entertainment is not considered “face-to-face teaching” and so does not meet the criteria of the fair use exemption
MISD Guidelines for Use of Video <ul><li>All videos must be previewed by the teacher </li></ul><ul><li>All videos must enhance/support grade level and subject matter curriculum </li></ul><ul><li>Rental video, feature films, theatrical releases and programs taped off broadcast television must be approved by the principal before showing </li></ul><ul><ul><li>G and PG rating OK all levels </li></ul></ul><ul><ul><li>PG-13 OK only at secondary level with principal approval and parent notification </li></ul></ul><ul><ul><li>R is NEVER acceptable for any level </li></ul></ul>
MISD Guidelines for Use of Video <ul><li>Parent notification is required when any rental, feature film, theatrical release or programs taped off broadcast television are to be used in their entirety </li></ul><ul><li>Parent notification is required before showing any video dealing with a controversial subject </li></ul><ul><li>Videos containing offensive language, stereotypes, excessive violence or nudity are not appropriate </li></ul>
MISD Guidelines for Use of Video <ul><li>All provisions of U.S. Copyright Law shall be observed </li></ul><ul><li>Videos should not be shown for entertainment or reward because it is a copyright violation </li></ul><ul><li>Teachers should use good judgment in the selection/use of video </li></ul><ul><li>Teachers are encouraged to use a short “clip” rather than a video in its entirety </li></ul><ul><li>Parent notification and off-air recording forms are available from your principal </li></ul>
A final word… You don’t take what isn’t yours without asking first.
Resources for further information… <ul><li>Copyright for Schools: A Practical Guide by Carol Mann Simpson, 2001 </li></ul><ul><li>Your campus librarian </li></ul>