Copyright and Fair Use in the Classroom for Impact Grant

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  • By the end of this presentation, you should feel better equipped identifying if a work is subject to copyright law, and, if so, applying fair use
  • Copyright law protects certain kinds of original works of authorship. These works may be published or unpublished. It gives the author of a work the legal right to determine how and whether or not their work is reproduced, distributed, displayed or performed. It also gives the author the right to control derivative works based on their original.
  • Copyright law in the United States is embodied in federal laws enacted by Congress. The current copyright law, the Copyright Act of 1976 (as amended), is codified in Title 17 of the U.S. Code.
  • Just because it is easy to copy something, it may not be ethical to copy it.Technology has made so much available to students and teachers.Technology makes projects and presentations exciting!Plan, prepare, ask for permission, and enjoy!
  • Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. If you want to use a protected work, you either need permission or coverage under one of the law’s exemptions such as fair use
  • The use of copyrighted work for educational purposes is allowable under certain limitations and is called “Fair Use”The Technology, Education and Copyright Harmonization Act (aka Teach Act) became law in 2002. As a result, copyright law provides educators with a separate set of rights in addition to fair use, to display and show or play others works in the classroom.
  • There are eight categories of copyrightable works.
  • Ideas, procedures, etc, are not copyrightable. An example would be a recipe. However, a compilation of recipes organized in a specific way can be copyrighted but the recipe itself is not copyrightable.Title, names, slogans, etc. are not copyrightable. An example would be Nike’s slogan of “Just do it”. However, even though it is not copyrightable, it does enjoy trademark protection.Facts such as standard calendars are not copyrightable.Works in the public domain. When a work is in the public domain it means that it can be used freely without obtaining permission or paying royalties. Basically works in the public domain include works created by U.S. government employees and works whose copyright has expired.
  • There are four guidelines to be used to determine use of intellectual property for educational purposes. Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology. If the use is nonprofit, educational or personal then it weighs on the side of fair use. If the use is commercial, entertainment or for profit then that tends to weigh against fair use. Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable. If the work is published or facts then it weighs in favor of fair use. On the other side though if the work is fiction which involves more creativity then it would weigh against fair use as would the use of unpublished material. Remember the author has the right to determine when their work is first published so if the use would constitute publication then it would violate the author’s right to be the first to publishProportion/extent of the material used: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use. The third factor revolves around the amount of the work that is used. This is probably the most confusing and difficult factors to assess. The various guidelines are usually cited in this factor. If it is a small amount or the amount used is not significant to the work then it will weigh for fair use. However, if the small amount could be considered the heart of the work then that would weigh against fair use as well as if a large amount of the work was used. The effect on marketability: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use None of the 4 factors alone constitutes fair use. Even though materials may be copied for educational purposes, the other standards must be met.
  • This is one of the most controversial areas of the copyright law. In section 110(1) almost anything is allowed in face-to-face teaching. However, in contrast section 110(2) which is referred to as the distance education clause because it is about transmission is very limited. Most types of displays are allowed but the types of performances that are allowed are severely restricted. This section only allows the transmission of non-dramatic literary works or music. This clause also requires that the transmission be received in classrooms or other places devoted to instruction AND that the students that receive such transmission cannot attend classes due to either disabilities or special circumstances. Technology, Education and Copyright Harmonization Act of 2002 Total revision of distance education exemption Attempts to equalize distance education and classroom teaching
  • Poetry: You may copy fewer than 25 words or two pages.Prose: You may copy fewer than 10,000 words or less than 10% of long works.Picture books: Only 2 pages are permitted.Illustrations: One chart, graph, drawing, cartoon, diagram, or picture per book or periodical issue is permitted.
  • Consumables may not be copied. If fair use applies, materials may still be copied, even if they are marked as follows: “All rights reserved. No part of this book may be reproduced or utilized in any forms or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.” If a book has no copyright, it may still be illegal to copy it unless there is a notice stating that it is in the public domain. When in doubt, don’t copy it. Using portions of songs or speeches is okay; using the entire work is not. Adding or changing the lyrics of a song changes the fundamental character of the work and is not allowed under copyright guidelines unless the changes are meant as parody.Emergency copying is allowed to replace the original copies. However, duplicates must be replaced by the originals.
  • CopyrightFederal lawLegal penalties for infringementFair use exemptionPlagiarismUnethical but not necessarily illegalMisappropriation of someone else’s workLack of attribution
  • As an educator, if you are looking for something quick and you do not want to worry about fair use, the perfect solution is Creative Commons. Creative Commons is a nonprofit corporation that makes it easier for people to share and at times modify the work of others under simple guidelines without violating rules of copyright. They provide free licenses that allow the creator to share their work with others in the way that they prefer.
  • This can prove to be a treasure trove for educators and students. Using advanced search, you can look for photos, of gators for example, that have Creative Commons licensing.
  • Copyright and Fair Use in the Classroom for Impact Grant

    1. 1. Copyright and Fair Use in theClassroom for IMPACT Grant Participating Teachers.
    2. 2. Is copyright a little fuzzy?
    3. 3. Mr. Jones has a computer program at homethat he thinks the students in his class willbenefit from. He brings in the program and installs it on all three computers in hisclassroom. Because the program is for use by students and has met the spontaneity test, he concludes that this is legal under the Fair Use doctrine. Is it? Yes No
    4. 4. What is Copyright Law? Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” includingliterary, dramatic, musical, artistic, and certain other intellectual works.
    5. 5. What is Copyright Law?Protection is available to both published and unpublished works.
    6. 6. Technology makes it easy to: Copy Use andDistribute Share Excerpt & Modify and Quote Repurpose From
    7. 7. Copyright Rights• Reproduce the work in copies or phonorecords• Prepare derivative works based upon the work• Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
    8. 8. Copyright Rights • Perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works • Display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work • Perform the work publicly (in the case of sound recordings*) by means of a digital audio transmission
    9. 9. Popular Copyright MythsIf it’s on the internet it is in the public domain and therefore free If there is no copyright notice, I can use the image All educational use is fair use If I alter the image I don’t need permission If I don’t profit from it, I can use it If I only use a part of the image I don’t need permission.
    10. 10. Copyright TipsLimit use ofcopyrighted When in Give proper Assume it’smaterials to doubt, get credit copy written! your permission classroom
    11. 11. Copyrightable Works• Literary, musical and dramatic works• Pantomimes and choreographic works• Pictorial, graphic and sculptural works• Sound recordings• Motion pictures and other AV works• Computer programs• Compilations of works and derivative works• Architectural works
    12. 12. What is not copyrightable Ideas, procedures, methods, systems, processes Titles, names, short phrases, slogans Facts, news, research Works in the public domain •Works created by US government employees •Works with expired copyrights
    13. 13. Fair UseEducators may use copyrighted materialswithin their own classrooms without expresspermission from the copyright owner.
    14. 14. Guidelines for Fair Use • Character of the Use • Nature of the material to be copied • Amount and importance of theFair use is analyzed part copied using four factors: • Effect on market for permissions
    15. 15. Educational ExemptionsClassroom or face- to-face teaching TEACH – Distance Education
    16. 16. Disclaimer Only guidelines The bigger Exceeding the these may or excess, the may not bebigger the risk fair use
    17. 17. VideoOff Air Rented Videos TV Shows Video Portions for•Show the tape within •They should be used •They can be Educational Use Backup copies 10 days, keep it for 45 to meet your duplicated, circulated, •10% or 3 may be made for days, then erase it. instructional goal. and kept for one year. minutes, whichever is archival purposes less, with proper or to replace lost attribution. or damaged copies.
    18. 18. Music You may copy up to 10% of a copyrighted The length of a musical musical composition as composition is part of a sometimes cited asmultimedia project 30 seconds. for educational purposes.
    19. 19. Software Software: You may make one backup copy. You may not transmit software Multiple copies are through a network not allowed.unless it’s freeware. You may not make You may not make one copy for home copies for a friend. and one for school.
    20. 20. Print Materials: Single CopiesYou may copy a chapter from a You may copy a short No consumables may be book. story, essay, or short poem. duplicated. You may copy an article from You may copy a You may not substitute copies periodical or newspaper. chart, graph, diagram, cartoon, for books. picture from a book, magazine, newspaper.
    21. 21. Print Materials: Multiple Copies 3 per class fromSpontaneity: If it is used collective immediately after it is works, excluding copied and not newspapers are again, you may copy it. permitted.
    22. 22. Copying from Books, Periodicals• Teachers may make a transparency from a book or periodical for classroom use.• Teachers may copy materials and put them on reserve at the library if the use is spontaneous and is for educational purposes and does not violate the fair use guidelines.• A short story may be copied in its entirety if it meets the criteria of brevity and was an inspiration of the teacher for a unit she was planning (she did not anticipate using the story ahead of time); she cannot use the copied story the following semester.
    23. 23. Internet• The same restrictions apply as for text, recorded sounds, and images.• Always credit the source of your information.• Find out if the author has instructed you on how his work is to be used. If instructions exist, follow them.• Whenever possible, ask the owner of the copyrighted work for permission to use his work and keep a written copy for your records.
    24. 24. Copyright vs. Plagiarism a legal right thatCopyright protects original works passing off someone else’sPlagiarism work as one’s own
    25. 25. Creative Commons Offers tools to give everyone from individual creators to large companies and institutions asimple, standardized way to keep their copyright while allowing certain uses of their work.
    26. 26. Uses Creative People can upload Commons licensing images and decideto allow the sharing how they want them of images. to be used by others.
    27. 27. The Internet• A teacher gets clip art and music from popular file-sharing sites, then creates a lesson plan and posts it to the school Web site to share with other teachers. This is permissible. – True False
    28. 28. False• Legitimately, acquired material can be used in classrooms.• However, under the current law, no teacher can redistribute such material over the Net or any other medium.• You can use it, but you can’t spread it around.
    29. 29. Video• A history class videotapes the Holocaust survivor who lives in the community. The students digitally compress the interview, and, with the interviewee’s permission, post it on the Web. Another school discovers the interview online and uses it in their History Day project. This is fair use. – True False
    30. 30. True• That’s the other side of fair use.• Just as you can use other people’s intellectual property for educational purposes without permission, so can your own be used.
    31. 31. Video• On Back-to-School night, an elementary school offers child care for students’ younger siblings. They put kids in the library and show them Disney VHS tapes bought by the PTA. This is permissible. – True False
    32. 32. False• Video (like everything else) is not covered under fair use for entertainment or reward.• Disney will sell you a one-time license for $25 that makes this legal use.
    33. 33. For more information please address allcorrespondence to:Robert R. HeinrichDirector of Academic ComputingThe Richard Stockton College of NJ609-626-6039Email: robert.heinrich@stockton.edu

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