Copyright and Education


Lorraine LeSage
 Summer 2009
Delicate Balance



   Educational
      Use              Copyright
                     holder’s right
  Advancement     ...
Copyright Law
      Latest complete Law
              Title 17 Public Law

Amendments to the Copyright Law
   Digital Mi...
Copyright Holder’s Six Rights

2. Reproduction
3. Adaptation

4. Distribution

5. Public Performance

6. Public Display

7...
Copyright Holder’s Six Rights
Reproduction

   The right to reproduce the work.

   Copies that are not exact still apply,...
Copyright Holder’s Six Rights
Adaptation

  Changing the original work in some way.

   JK Rowlings earns a great deal of ...
Copyright Holder’s Six Rights
Distribution

     Only the copyright holder has the right to
      copy and then distribut...
Copyright Holder’s Six Rights
Public Performance

   Only the copyright holder has the right to
    publicly perform thei...
What constitutes a public
           performance?
“The law defines a public performance as:
  to perform or display it at ...
Copyright Holder’s Six Rights
Public Display

  Display of artwork in any place outside of the
  home.

     Could apply t...
Copyright Holder’s Six Rights
Digital Transmission of sound recordings.

Latest copyright holder’s right came to be as
a r...
Duration of Copyright
   Length of life of copyright holder plus 70 years.
    (extended to 70 from 50 in 1998)
   Works...
Copyright
   After January 1, 1978 the work was
    automatically protected by copyright the
    moment it was created an...
Public Domain
What is the Public Domain?
 work not protected by copyright.

   How does a work enter the public domain?
 ...
What Can’t be Protected by
              Copyright
   Factual Information ex. Phone book data
   Ideas
   Creative work...
Creative Commons
   Created in response
    to Digital Millennium
    Copyright Act (DMCA)

   Creative Commons Video
  ...
Fair Use
            What is it?

Fair use is not a right. It is a defense
used in court when an individual has
     been ...
Fair Use

Will that make you sleep better at night?
Fair Use
Without fair use human knowledge would
  not advance. It is necessary to balance
   the copyright holder’s rights...
Fair Use
Accepting that fair use is necessary for the
 benefit of the world. Let’s take a look at
     the fair use guidel...
Fair Use
The fair use guidelines as they appear in section
107 of the federal law are listed below.

    “Section 107 cont...
What do I have do Teacher’s need
            to know?
The four tests for fair use are difficult for laypeople
  to underst...
Print Guidelines
Teachers may copy, for the purpose of research,
  teaching, or preparation for teaching:
 A single chapt...
Print Fair Use Guidelines
When are multiple copies permitted? Multiple
  copies are permitted if three tests are met.

3. ...
Print Fair Use Guidelines
Brevity

    Poem up to 250 words in length.
    Prose: Article less than 2,500 words may be c...
Print Fair Use Guidelines

Spontaneity

   Must be teacher’s idea to use the work.
   Planned use must be too close to u...
Print Fair Use Guidelines
Cumulative Effect

 Law was created to ensure that fair use isn’t a
      substitute for purchas...
Audio Visual Materials and Fair
               Use
What is considered AV Materials?

     Video
     Filmstrips
     So...
Audio Visual Materials and Fair
                 Use
   Rules included in section 110(1) of 17
    USC, current copyright...
Audio Visual Materials and Fair
                  Use
       Ask these five questions to determine the
     likelihood of ...
Audio Visual Materials and Fair
                Use
If you couldn’t answer yes to all five questions you
would most likely...
Music materials and Fair Use (print
         and recorded)
There are no legal guidelines established for
educational uses ...
Music materials and Fair Use (print
         and recorded)
Print Materials Acceptable Use
 Purchased copies haven’t arriv...
Music materials and Fair Use (print
         and recorded)
Recorded Music Acceptable Use
 Single copy of a student perfor...
Multimedia and Fair Use
Multimedia is a technology that emerged after the
latest revisions to the copyright
law, however i...
CONFU Guidelines
   Motion media- up to 10% or 3 minutes,
    whichever is less, of an individual
    program.
   Text-U...
CONFU Guidelines
   Illustrations, cartoons, and photos- no more than 5 images
    from a single artist. No more than 15 ...
TEACH ACT
   The TEACH Act (Technology, Education
    and Copyright harmonization Act) makes
    provisions for using cop...
Copyright and Computer Software
Issues
   Tempting and easy to make illegal copies.
   Teachers/administrators rationali...
Library Exemptions
   If a page is damaged, a good copy of the
    page can be made and inserted into the
    book.
   I...
References
United States Copyright law. U.S. Copyright Office. (2008). Retrieved June 30, 2009
   from http://www.copyrigh...
References
The Creative Commons Tech Team. Retrieved July 3, 2009, from
   http://creativecommons.org/videos/a-shared-cult...
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Copyright

  1. 1. Copyright and Education Lorraine LeSage Summer 2009
  2. 2. Delicate Balance Educational Use Copyright holder’s right Advancement to earn a of civilization. living and First maintain Amendment their rights rights. of ownership.
  3. 3. Copyright Law Latest complete Law  Title 17 Public Law Amendments to the Copyright Law  Digital Millennium Copyright Act (DMCA)  TEACH (Technology, And Copyright Harmonization Act)
  4. 4. Copyright Holder’s Six Rights 2. Reproduction 3. Adaptation 4. Distribution 5. Public Performance 6. Public Display 7. Digital Transmission of sound recordings.
  5. 5. Copyright Holder’s Six Rights Reproduction The right to reproduce the work. Copies that are not exact still apply, example: A hand drawn illustration of SpongeBob Square Pants.
  6. 6. Copyright Holder’s Six Rights Adaptation Changing the original work in some way. JK Rowlings earns a great deal of money when her books are adapted into screenplays and turned into movies.
  7. 7. Copyright Holder’s Six Rights Distribution  Only the copyright holder has the right to copy and then distribute their work.  The right of first sale allows the consumer to do what they wish with the one copy that they purchased. Without this provision a library couldn’t loan a book.
  8. 8. Copyright Holder’s Six Rights Public Performance  Only the copyright holder has the right to publicly perform their work.  A public performance includes; film, music, dance, theater, etc… (Simpson, 2005)
  9. 9. What constitutes a public performance? “The law defines a public performance as: to perform or display it at a place open to the public or at any place where a substantial number of persons outside a normal circle of a family and its social acquaintances is gathered.” (Simpson, 2005, p19)
  10. 10. Copyright Holder’s Six Rights Public Display Display of artwork in any place outside of the home. Could apply to pictures, photography, sculpture, or even literature if it were to be displayed on the Internet.
  11. 11. Copyright Holder’s Six Rights Digital Transmission of sound recordings. Latest copyright holder’s right came to be as a result of the Digital Millennium Copyright Act. Internet radio stations must now pay expensive royalties to record companies.
  12. 12. Duration of Copyright  Length of life of copyright holder plus 70 years. (extended to 70 from 50 in 1998)  Works published before 1923 are in the public domain.  Works published between 1923-1978 have varying periods of copyright. The time of creation depends on length of copyright protection.  Flow Chart to help determine when copyright expires
  13. 13. Copyright  After January 1, 1978 the work was automatically protected by copyright the moment it was created and physically recorded, written, painted, etc…  After 1989 works no longer needed the copyright symbol,©, and the author no longer needed to register the work with the US copyright office in order to be eligible for protection.
  14. 14. Public Domain What is the Public Domain? work not protected by copyright.  How does a work enter the public domain?  Work may not have been eligible for copyright protection.  Creative Commons  Authors may elect to dedicate their work to the public domain, Creative Commons is the method used to do this. (www.creativecommons.org)
  15. 15. What Can’t be Protected by Copyright  Factual Information ex. Phone book data  Ideas  Creative works made by non-humans, ex. Art work created by a monkey or an elephant.  Works created by US Federal government employees during the course of their duties.
  16. 16. Creative Commons  Created in response to Digital Millennium Copyright Act (DMCA)  Creative Commons Video Creativecommons.org
  17. 17. Fair Use What is it? Fair use is not a right. It is a defense used in court when an individual has been charged with infringing copyright laws. (Simpson, 2005)
  18. 18. Fair Use Will that make you sleep better at night?
  19. 19. Fair Use Without fair use human knowledge would not advance. It is necessary to balance the copyright holder’s rights with the rights of humankind to use and build upon the discoveries of others.
  20. 20. Fair Use Accepting that fair use is necessary for the benefit of the world. Let’s take a look at the fair use guidelines so we are protecting both the copyright holders rights as well as protecting ourselves.
  21. 21. Fair Use The fair use guidelines as they appear in section 107 of the federal law are listed below. “Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:  The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes  The nature of the copyrighted work  The amount and substantiality of the portion used in relation to the copyrighted work as a whole  The effect of the use upon the potential market for, or value of, the copyrighted work” (17 USC, http://www.copyright.gov/fls/fl102.html)
  22. 22. What do I have do Teacher’s need to know? The four tests for fair use are difficult for laypeople to understand. In order to help teachers better understand which uses constituted fair use congress came up with the fair use guidelines. One can use either the guidelines or the four tests as a defense of fair use. Fair use guidelines are easier to learn and administer than applying the fair use test. (Simpson, 2005)
  23. 23. Print Guidelines Teachers may copy, for the purpose of research, teaching, or preparation for teaching:  A single chapter from a book.  A single copy of an article.  A single copy of a short story, short essay, or short poem.  A single copy of a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. (Simpson, 2005, p54)
  24. 24. Print Fair Use Guidelines When are multiple copies permitted? Multiple copies are permitted if three tests are met. 3. Brevity- length of a work used. 4. Spontaneity 5. Cumulative Effect
  25. 25. Print Fair Use Guidelines Brevity  Poem up to 250 words in length.  Prose: Article less than 2,500 words may be copied in its entirety. Play or novel not more than 1,000 words or 10% less.  Picture book: only two pages provided this isn’t more than 10%.  Illustration: One chart, graph, drawing, cartoon, diagram or picture. Hall Davidson Chart on Copyright and Fair Use Guidelines
  26. 26. Print Fair Use Guidelines Spontaneity  Must be teacher’s idea to use the work.  Planned use must be too close to use to get permission from copyright holder, less than 2 weeks.
  27. 27. Print Fair Use Guidelines Cumulative Effect Law was created to ensure that fair use isn’t a substitute for purchasing materials.  Item may be copied for only one course.  Students may not be charged for copies beyond the actual cost of photocopying.  Consumables may not be copied.
  28. 28. Audio Visual Materials and Fair Use What is considered AV Materials?  Video  Filmstrips  Sound Recordings  Graphics and all other non print formats that are not multimedia. (Simpson, 2005)
  29. 29. Audio Visual Materials and Fair Use  Rules included in section 110(1) of 17 USC, current copyright law.  This is law and not externally developed guidelines as in the case of print media.  Can be broken down into five yes or no questions to help determine appropriateness of a fair use claim.
  30. 30. Audio Visual Materials and Fair Use Ask these five questions to determine the likelihood of the fair use defense holding up in court. Can you answer yes to all five questions? 1. Is it a nonprofit performance? 2. Does it take place in a classroom or similar location? 3. Are only instructors and students present for the viewing? 4. Is the copy being shown a legally acquired copy? 5. Does the video fit as an integral part of an immediate unit of study in a face to face academic setting? (Simpson, 2005)
  31. 31. Audio Visual Materials and Fair Use If you couldn’t answer yes to all five questions you would most likely not qualify for a fair use defense. In a case such as this the copyright holder must grant permission, or you must obtain performance rights? Such rights can be obtained with the purchase of an umbrella license. Several vendors sell an umbrella license allowing public performances of movies from certain producers.
  32. 32. Music materials and Fair Use (print and recorded) There are no legal guidelines established for educational uses of music however, in 1976 several music groups got together to establish the Guidelines for Educational Uses of Music. This group consisted of educators and copyright holders. Following these guidelines are a “sensible fair practice.” (Simpson, 2005)
  33. 33. Music materials and Fair Use (print and recorded) Print Materials Acceptable Use  Purchased copies haven’t arrived in time, making emergency copies is permissible.  Classroom purposes, non performance, portion of a work may be copied, not to exceed 10%.  Schools owning sufficient copies of a piece may edit or simplify the work provided it doesn’t change the character of the work. (Simpson, 2005)
  34. 34. Music materials and Fair Use (print and recorded) Recorded Music Acceptable Use  Single copy of a student performance may be made, but only for evaluation or rehearsal.  A single copy of a sound recording of copyrighted music, which a legal copy is owned, for the purpose of constructing aural examinations or exercises. (Simpson, 2005)
  35. 35. Multimedia and Fair Use Multimedia is a technology that emerged after the latest revisions to the copyright law, however in 1996 a group of media producers, publishers, and consumers established a set of guidelines on the use of multimedia in education. CONFU (Conference on Fair Use) Examples of multimedia presentations include PowerPoint and Hyper studio. Fair use guidelines for educational multimedia
  36. 36. CONFU Guidelines  Motion media- up to 10% or 3 minutes, whichever is less, of an individual program.  Text-Up to 10% or 1000 words of a novel, story, play, or long poem. Poem shorter than 250 words may be used completely.  Music, lyrics, and music videos- 10% or 30 seconds. (CONFU Guidelines, 1996)
  37. 37. CONFU Guidelines  Illustrations, cartoons, and photos- no more than 5 images from a single artist. No more than 15 images or 10% of a single collection.  10% of numerical data sets or 2,500 fields.  Citing copyright protected work is required.  Teachers may only keep work with copyrighted material a period of two years after its first use.  Students may keep the work indefinitely.  The opening screen of the multimedia presentation must contain a notice that the work contains copyrighted material and is being used under the fair use exemption of the U.S. Copyright Law. (Simpson, 2005)
  38. 38. TEACH ACT  The TEACH Act (Technology, Education and Copyright harmonization Act) makes provisions for using copyrighted materials in distance learning situations. ALA information on TEACH Act
  39. 39. Copyright and Computer Software Issues  Tempting and easy to make illegal copies.  Teachers/administrators rationalize their actions as necessary.  Software Publishers Association (SPA) estimates that for every one legal copy purchased there are another 3-7 illegal copies in distribution. (Marshall, 1993) Risks  Piracy is punishable as a felony.  If one makes more than 10 illegal copies of software within 180 day period, crime is punishable up to 2 years in jail and 25,000.  Make more than 50 copies and that fine goes up to 250,000 and up to 5 years jail time.
  40. 40. Library Exemptions  If a page is damaged, a good copy of the page can be made and inserted into the book.  If a book is out of print, and a new copy cannot be obtained at a reasonable price, library may make copies to repair or replace damaged book. (Simpson, 2005)
  41. 41. References United States Copyright law. U.S. Copyright Office. (2008). Retrieved June 30, 2009 from http://www.copyright.gov/title17/ The Digital Millennium Copyright Act of 1998. U.S. Copyright Office Summary. (1998). Retrieved June 31, 2009 from http://www.copyright.gov/legislation/dmca.pdf Lessick, S. (2003). University of California. Retrieved July 1, 2009, from http://www.universityofcalifornia.edu/copyright/teach.html Simpson, C. (2005). Copyright for Schools. Worthington, OH: Linworth. Bromberg & Sunstein LLP. (n.d.) Flowchart for Determining when U.S. Copyrights in Fixed Works Expire. Retrieved July 1, 2009, from http://www.bromsun.com/practices/copyright-portfolio development/flowchart.htm Creative Commons. http://creativecommons.org/about/
  42. 42. References The Creative Commons Tech Team. Retrieved July 3, 2009, from http://creativecommons.org/videos/a-shared-culture/ United States Copyright law. U.S. Copyright Office. (2008). Retrieved July 3, 2009, from http://www.copyright.gov/fls/fl102.html Hall, D. (n.d.) Copyright and Fair Use Guidelines for Teachers. Retrieved July 3, 2009, from http://www.halldavidson.net/chartshort.html Educational Multimedia Fair Use Guidelines Development committee. (2001). Retrieved June 30, 2009, from http://www.utsystem.edu/OGC/Intellectualproperty/ccmcguid.htm ALA American Library Association. (n.d.) Distance Education and the Teach Act. Retrieved July 3, 2009, from http://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Templa
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