The content creator's guide to digital copyright and fair use doctrine
CCausey_Copyright_Inservice_Training
1. All information for this presentation
was found in Carol Simpson’s 2010
book Copyright for Schools.
When appropriate, I have included page
numbers in parentheses. A complete
citation is located at the end of the
presentation.
2. “Notice: The following presentation contains
copyrighted materials used under the Multimedia
Guidelines and Fair Use exemptions of U.S.
copyright law. Further use is prohibited” (p. 122).
All images used in this presentation have Creative
Common licenses. The license features vary for
each picture, but all allow for use in this
presentation.
6. Let’s face it:
Educators are thieves
Image by Pixabay.com
7. Let’s face it:
Educators are thieves
They may not steal
money or jewelry or
electronics, but many of
them steal every day—
sometimes without even
knowing it.
Image by Pixabay.com
12. Copyright Act
It’s been around since
George Washington.
Image by History Rewound
13. Copyright Act
It’s been around since
George Washington. In
fact, he signed the first
copyright law (p. 1).
Image by History Rewound
14. Copyright Act
It’s been around since
George Washington. In
fact, he signed the first
copyright law (p. 1).
1976 is when the
most recent
version passed,
but it has been
revised almost
every year since
(p. 1).
Image by History Rewound
15. Copyright Act
It’s been around since
George Washington. In
fact, he signed the first
copyright law (p. 1).
1976 is when the
most recent
version passed,
but it has been
revised almost
every year since
(p. 1).
Image by History Rewound
Copyright attempts to
balance
the rights of the
copyright holder and
the needs of the public,
for the purpose of
Image by
Winnifredxoxo
advancing the progress
of science and art (p. 36).
17. Copyright Act
Public Domain
includes works that are…
1. not creative in nature
2. created before 1923
3. created by non-humans
4. and created by US
government employees as a
part of their assigned jobs
(pp. 10 and 12).
18. Copyright Act
Copyright owners do not have
to apply for copyright; they are
automatically given it as soon
as a work is “fixed in tangible
form,” such as writing a poem
on paper. is not required
(p. 7). Image by Seyfang
Public Domain
includes works that are…
1. not creative in nature
2. created before 1923
3. created by non-humans
4. and created by US
government employees as a
part of their assigned jobs
(pp. 10 and 12).
19. Copyright Act
Fun Fact:
The word “copyright”
comes from the right of
the holder to control
copying of his/her
content. Copyright
today includes much
more: the owned right
to copy, adapt,
distribute, public
performance, public
display, and digital
transmission of sound
recordings (p. 2).
Copyright owners do not have
to apply for copyright; they are
automatically given it as soon
as a work is “fixed in tangible
form,” such as writing a poem
on paper. is not required
(p. 7).
Image by Seyfang
Public Domain
includes works that are…
1. not creative in nature
2. created before 1923
3. created by non-humans
4. and created by US
government employees as a
part of their assigned jobs
(pp. 10 and 12).
22. Fair Use…
includes exemptions to copyright (p. 35).
allows a balance between the rights of copyright
holders and user for the purpose of promoting the
advancement of knowledge (pp. 35-36).
23. Fair Use…
includes exemptions to copyright (p. 35).
allows a balance between the rights of copyright
holders and user for the purpose of promoting the
advancement of knowledge (pp. 35-36).
does NOT allow educators to copy and use
whatever they want or need. This is a common
misconception (p. 35).
24. Fair Use:
Four Factor Test
1. Purpose and character
2. Nature
3. Amount
4. Effect on market or value
Image by Swgn
25. 1. Purpose and character
• Is it for nonprofit educational use? (p.38)
• Is it for criticism, commentary, or news
reporting? (pp. 38-39)
Fair use would favor students using short
clips of Jurassic Park to comment on how
the science in the film is flawed.
Extracting and replicating DNA from
mosquitoes preserved in amber is not
probable.
Fair use would NOT favor showing
Jurassic Park after school to help raise
money for the Science Club. Image by Swgn
26. 2. Nature
• Is the work factual or creative? (p. 39)
• Is the work published or not? (pp. 39-40)
Fair use would favor using facts from a
newspaper article in a lesson or project.
Although, the way the newspaper writer
arranges his/her words is creative, the actual
events being reported on are facts.
Fair use would NOT favor summarizing,
paraphrasing, and using quotations from an
email. This is an unpublished work, and
whether creative or not, content from emails
cannot be used.
Image by Swgn
27. 3. Amount
• Is a “significant amount” used? (p. 40)
– This subjective phrasing is difficult to
understand. You’ll have to use common
sense and err on the side of caution.
– Later in the presentation, I’ll give you more
helpful and specific guidelines to follow
with print sources.
Fair use would favor teachers copying 1
page of a 40-page manual for a robotics
class.
Fair use would NOT favor teachers
copying 20 pages of a 40-page manual
for a robotics class. Image by Swgn
28. 4. Effect on market or value
• Be Careful: Some courts have given this
criterion the heaviest weight (p. 41).
• Consider this: “What would happen if everyone
were to…” (p. 43).
Fair use would favor a student using a small
portion of a copyrighted photograph in
his/her digital art, published in the free
school newspaper.
Fair use would NOT favor using an entire
copyrighted photograph in a student-created
publication sold to students and
parents, even if there is no profit.
Image by Swgn
30. Print
You may copy…
– Entire poems that are shorter than 250 words (p. 55)
– 250-word excerpts of poems longer than 250 words
(p. 55)
– Articles, short stories, and essays less than 2,500
words (p. 55)
– 10% or 1,000 words (whichever is less) from longer
works (p. 55)
– 10% or 2 pages (whichever is less) of picture books (p.
56)
– 1 chart, graph, drawing, cartoon, diagram, or picture
per book or per periodical issue (p. 56)
31. A few other details
– Only 1 copy per student (p. 54)
– Include notice of copyright (p. 67)
– Copying should not substitute purchasing (p.53)
– You may not create anthologies (pp. 53 and 57)
– You may not copy consumables like workbooks
(pp. 53, 56-57, 60)
– You may make copies in nine instances per school
year (p. 57)
Print
32. Are these acceptable uses of print
materials?
A teacher wants her students to read 5 short stories, all shorter
than 2,500 words. She copies them from several books and
compiles a packet of the stories for her students.
A teacher makes 40 copies of a 2-page essay. He has 31
students, but he makes the extra copies because his students
regularly misplace their papers.
A teacher copies 1 page of Fahrenheit 451 for his students in
his robotics class to show them how Ray Bradbury
conceptualized robotics. The book is 160 pages.
Print
33. Are these acceptable uses of print materials?
A teacher wants her students to read 5 short stories, all shorter than
2,500 words. She copies them from several books and compiles a
packet of the stories for her students.
– This is not acceptable. The teacher has created an anthology.
A teacher makes 40 copies of a 2-page essay. He has 31 students, but
he makes the extra copies because his students regularly misplace
their papers.
– This is not acceptable. The teacher is allowed to make 1 copy per
student, not any extra.
A teacher copies 1 page of Fahrenheit 451 for his students in his
robotics class to show them how Ray Bradbury conceptualized
robotics. The book is 160 pages.
– This is acceptable. The teacher has copied less than 10% and 1,000
Print
words of the book.
35. • Single-user software must remain single-user. Just
because a program can be downloaded on
several computers doesn’t mean it’s permissible
(p. 158).
• Read software licenses, even the ones you click “I
agree.” Ultimately, they will let you know what
you can and cannot do. Software is covered by
copyright and license agreements (pp. 155-156).
• You may make 1 archival copy of software. It
should be stored away and only be used if the
master copy becomes damaged (pp. 156-157).
Computer Software
36. Are these acceptable uses of computer
software?
A teacher purchases software to help his students
understand statistics. The license agreement allows him to
download the software on one computer, but he has two
students in his last block who are struggling. He would like
to download the software on two computers so they can
both work.
An English teacher uses software that helps students
improve their reading skills. She plans to retire this year
and wants to give the software to the teacher replacing her.
Computer Software
37. Are these acceptable uses of computer
software?
A teacher purchases software to help his students understand
statistics. The license agreement allows him to download the
software on one computer, but he has two students in his last
block who are struggling. He would like to download the
software on two computers so they can both work.
– This is not acceptable. The license of this software does not allow
this. The teacher will need to have the students take turns or
purchase a 2nd copy of the software.
An English teacher uses software that helps students improve
their reading skills. She plans to retire this year and wants to
give the software to the teacher replacing her.
– This is acceptable as long as the retiring teacher does not retain any
archival copies, and this is not prohibited in the license agreement.
Computer Software
39. Movies and documentaries can be used if they are…
1. Legally acquired copies
• borrowing copies from students, libraries, and video stores
Video
is acceptable
2. Shown in a nonprofit setting
• profit settings can even be those where money is taken but
no profit is made
3. Shown in a classroom or “similar place”
• showing the movie Nixon while on an overnight trip to the
state capital would not likely constitute a “similar place”
4. Shown to support direct instruction
• reward and enrichment are not direct instruction
5. Shown to support current instruction (pp. 77-81).
40. Are these acceptable uses of video materials?
A teacher is taking a group of students on a fieldtrip. To occupy
her classes while she is gone, she leaves a copy of Fahrenheit
451. The students read the book a month ago, so the teacher
knows the students will still be entertained by the movie.
A government and politics teacher shows students the movie
Milk during class to support a discussion about the challenges of
minority politicians, and their struggles to win elections and
maintain their elected positions.
The Gay Straight Alliance club wants to show the movie Milk
after school to raise money for the Harvey Milk Foundation, a
non-profit organization. Viewers can choose to make donations
and all proceeds will go to the organization.
Video
41. Are these acceptable uses of video materials?
A teacher is taking a group of students on a fieldtrip. To occupy her classes while
she is gone, she leaves a copy of Fahrenheit 451. The students read the book a
month ago, so the teacher knows the students will still be entertained by the
movie.
– This is not acceptable. Showing the film has to be directly related to what students are
currently learning. The film cannot be related to a past or future lesson, nor can it be shown
to entertain.
A government and politics teacher shows students the movie Milk during class to
support a discussion about the challenges of minority politicians, and their
struggles to win elections and maintain their elected positions.
– This is acceptable. All 5 requirements are met.
The Gay Straight Alliance club wants to show the movie Milk after school to raise
money for the Harvey Milk Foundation, a non-profit organization. Viewers can
choose to make donations and all proceeds will go to the organization.
– This is not acceptable. This is not considered a nonprofit setting, nor does it count as a
“similar place” educational setting. We also cannot assume that the Harvey Milk Foundation
owns the copyright to the film or that the owners would approve of this use (although, I
would encourage reaching out to them to find out).
Video
43. This presentation will focus on using music in
multimedia presentations (e.g., PowerPoint,
Prezi, and Google Slides).
• Music, lyrics, and music videos may be used in
educationally-based presentations (p. 120).
– Non-education uses include a snippet of Queen’s
“We Are the Champions” in a PowerPoint
highlighting the success of a school’s athletic
program.
• 10% or 30 seconds, whichever is less (p. 120).
Audio
44. Are these acceptable uses of audio in
multimedia?
At an afterschool fair, the sponsor of the Democratic
Club wants to promote the club by looping a
PowerPoint with pictures and club information, and
Fleetwood Mac’s “Don’t Stop” playing in the
background.
A history teacher wants to incorporate 30-second
clips of several songs from the 60s that encapsulate
the historical social revolution of the decade.
Audio
45. Are these acceptable uses of audio in
multimedia?
At an afterschool fair, the sponsor of the Democratic Club wants
to promote the club by looping a PowerPoint with pictures and
club information, and Fleetwood Mac’s “Don’t Stop” playing in
the background.
– This is not acceptable. The music is not being used in an
educationally-based presentation. Also, the entire song is being used,
not just 30 seconds.
A history teacher wants to incorporate 30-second clips of several
songs from the 60s that encapsulate the historical social
revolution of the decade.
– This is acceptable. The educational and length requirements are met.
Audio
47. • Just because information on the Internet is published
for all to see does not mean it is permissible for all to
take.
• The Internet does not have specific guidelines like print
materials. We should rely on the four factor test (p.
136).
1. Purpose and character
2. Nature
3. Amount
4. Effect on market or value
• Educators may not redistribute webpages. They may,
however, post links (p. 133).
• Emails are private communications, not published
materials, so they cannot be forwarded or edited
without permissions of the authors (pp. 133 and 140).
Internet
48. Are these acceptable uses of Internet materials?
A teacher receives an email from a parent discussing a
concern about her child being bullied. The teacher forwards
the email to the child’s counselor.
– Even in serious situations like this, teachers should not forward
emails. The teacher’s hands are not tied, however. She can and
should still respond to this serious issue by asking the parent’s
permission to forward the email, talking to the
counselor/administrator about the problem, and/or talking to
the students.
Students want to use quotations from several New York Times
articles to support their theses about school bullying
becoming an increasing problem.
– This is acceptable as long as only a small amount of the work
(factor 3: 10% or 1,000 words—whichever is less) is used.
Internet
50. Consequences
Copyright is federal law, and breaking this law can
result in criminal and civil consequences:
Image by Coghlan
51. Consequences
Copyright is federal law, and breaking this law can
result in criminal and civil consequences:
Educators can lose their jobs if determined by the school board (p.
25).
Image by Coghlan
52. Consequences
Copyright is federal law, and breaking this law can
result in criminal and civil consequences:
Educators can lose their jobs if determined by the school board (p.
25).
Educators can be fined from $200 to $250,000 per offense (p. 193).
Image by Coghlan
53. Consequences
Copyright is federal law, and breaking this law can
result in criminal and civil consequences:
Educators can lose their jobs if determined by the school board (p.
25).
Educators can be fined from $200 to $250,000 per offense (p. 193).
The infringer can be taken to court. Most cases are settled out of
court, but, even so, the pretrial time and attorney fee investment
can be staggering (pp. 24 and 193-194).
Image by Coghlan
54. Consequences
Copyright is federal law, and breaking this law can
result in criminal and civil consequences:
Educators can lose their jobs if determined by the school board (p.
25).
Educators can be fined from $200 to $250,000 per offense (p. 193).
The infringer can be taken to court. Most cases are settled out of
court, but, even so, the pretrial time and attorney fee investment
can be staggering (pp. 24 and 193-194).
Although rare and only in extreme acts, infringers can face prison
time (p. 194).
Image by Coghlan
55. Consequences
Copyright is federal law, and breaking this law can
result in criminal and civil consequences:
Educators can lose their jobs if determined by the school board (p.
25).
Educators can be fined from $200 to $250,000 per offense (p. 193).
The infringer can be taken to court. Most cases are settled out of
court, but, even so, the pretrial time and attorney fee investment
can be staggering (pp. 24 and 193-194).
Although rare and only in extreme acts, infringers can face prison
time (p. 194).
Administrators and school districts do not have to participate in
copyright infringements to suffer the consequences of them (p. 193). If
a teacher is targeted, he/she is usually just the starting point (p. 19).
Image by Coghlan
56. Hands-on Assessment
An example of a compliance: Students
want to use quotations from several
New York Times articles to support their
theses about school bullying becoming
an increasing problem.
In pairs,
write
2 education scenarios
that comply with copyright
law and 2 that break
copyright law.
In 15 minutes, we
will share. You will
read your scenarios, and
we will determine whether
they comply or break copyright
law. Image by AJC1
57. Thank you!
• This presentation was not exhaustive, but I’m
sure it was still overwhelming.
Image by Causey, C.
• I am always here if you need help or have a question.
• I am also thrilled to teach copyright to your classes.
Making copies must be initiated by the teacher, not directed by department heads, administrators, or districts (p. 56)
A few guidelines include
When printing and copying pages from the Internet, use the same guidelines as print sources. (p. 131)
Images may be downloaded for … (p. 121)
Multimedia projects…