STEVEN W. ANDERSON DISTRICT INSTRUCTIONAL TECHNOLOGIST DEPARTMENT OF MEDIA/TECHNOLOGY STOKES COUNTY SCHOOLS Can You “Copy” That? Copyright and How It Should Be Applied In School Settings

What Is Copyright? Copyright is a form of protection provided by the laws of the United States, (title17 U.S. Code), to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works. Almost everything created privately and originally after March 1, 1989 is copyrighted and protected whether it has a notice or not.

Patent and Copyright Clause The Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries … U.S. Constitution, Article I, Section 8

What is NOT Copyrighted? Logical, comprehensive compilations, (such as the telephone book). Materials or reprints of materials in the public domain, (all prior to 1923, most between 1923-1963). Additional information at http://www.unc.edu/~uncing/public-d.htm Most U.S. government materials, (some items created by contractors for the government might be copyrighted). Facts

Logical, comprehensive compilations, (such as the telephone book).

Materials or reprints of materials in the public domain, (all prior to 1923, most between 1923-1963). Additional information at

http://www.unc.edu/~uncing/public-d.htm

Most U.S. government materials, (some items created by contractors for the government might be copyrighted).

Facts

What is Fair Use? Sec. 107 of the Fair Use Provision of the Copyright Act states: “ Limitations on exclusive right: Fair use. Notwithstanding the provisions of sections 106 and 106A, the fair use of copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.”

Sec. 107 of the Fair Use Provision of the Copyright Act states:

“ Limitations on exclusive right: Fair use.

Notwithstanding the provisions of sections 106 and 106A, the fair use of copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.”

The law offers four factors to evaluate and balance in any determination of fair use: The purpose of the use, including a nonprofit educational purpose; The nature of the work; The amount of the work copied; The effect of the copying on the potential market for, or the value of, the original work. From: Copyright Essentials for Librarians and Educators, by Kenneth D. Crews, 2000 Fair Use

The purpose of the use, including a nonprofit educational purpose;

The nature of the work;

The amount of the work copied;

The effect of the copying on the potential market for, or the value of, the original work.

The “Fair Use Guidelines to Educational Multimedia” help us know how much to use... Use the smallest amount of: Motion Media Text Poetry Music and Lyrics Photos and Illustrations Numerical Data Sets 10% or 3 minutes 10% or 1,000 words 250 words; no more than 3 poems by same author 10% or 30 seconds 5 images from one author 10% or 2,500 fields or cells

Penalties For the unauthorized use and copying of any copyrighted material, penalties include: Fines up to the actual amount of damages to the copyright holder, or Statutory damages up to $100,000 per infringed work where the court finds there was willful infringement. And if guilty under the criminal sections of the law: Up to one year imprisonment and/or Fines up to $25,000.

For the unauthorized use and copying of any copyrighted material, penalties include:

Fines up to the actual amount of damages to the copyright holder, or

Statutory damages up to $100,000 per infringed work where the court finds there was willful infringement.

And if guilty under the criminal sections of the law:

Up to one year imprisonment and/or

Fines up to $25,000.

Giving Credit to the Author/Creator Always credit the author: On the “Works Cited” page of your report or presentation – include (if available): The author’s name The title of the work The publisher The place and date of publication List the copyrighted information underneath any copyrighted images. Example copyright 2009 Author’s Name

Always credit the author:

On the “Works Cited” page of your report or presentation – include (if available):

The author’s name

The title of the work

The publisher

The place and date of publication

List the copyrighted information underneath any copyrighted images. Example

Giving Credit to the Author/Creator From copyrighted works from a Web site, include: The author’s name The title of the work The name of the site The date it was posted on the Web or revised The date you obtained the work from the Web The Web site’s address (URL)

From copyrighted works from a Web site, include:

The author’s name

The title of the work

The name of the site

The date it was posted on the Web or revised

The date you obtained the work from the Web

The Web site’s address (URL)

Tips For Teachers-Adding Audio To add audio to your presentations follow these simple steps: Remember, audio files must be in WAV or MP3 format to be added to Power Point Presentations. From the Insert Menu Choose Sounds Here you can sounds from a file, a sound from the clip organizer, sounds from CD or sounds captured from a microphone connected to your computer. Remember to follow Fair Use Guidelines when adding audio!

To add audio to your presentations follow these simple steps:

Remember, audio files must be in WAV or MP3 format to be added to Power Point Presentations.

From the Insert Menu Choose Sounds

Here you can sounds from a file, a sound from the clip organizer, sounds from CD or sounds captured from a microphone connected to your computer.

Remember to follow Fair Use Guidelines when adding audio!