3. U.S. copyright law gives these
rights to the creator of a work:
Reproduction
Adaptation
Distribution of copies by sale, gift, rental,
lease or lending
Public performance
Public display
Digital audio transmission
4. MISD copyright policy states
that employees may not:
Make unlawful copies on district-owned
equipment
Use unlawful copies of materials on
district equipment
Use unlawful copies in district facilities or
at district functions/events
5. MISD legal and/or insurance
protection will not cover:
employees who copy materials unlawfully
OR
employees who use unlawfully copied
materials
6. How can educators legally use
copyrighted works in their
teaching???
FAIR USE
7. Four Tests of “Fair Use”:
For non-profit educational purposes
The nature of the copy
The amount of the work being used
The effect of the use upon the potential
market value of the copyrighted work
8. Fair Use of Audiovisual
Materials
Public performance is the key…
9. What is a “public
performance”?
When audiovisual material is used in
“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…”
10. Fair Use for Audiovisual
Materials
The performance must be presented by
instructors or students, AND
The performance must occur in the course of
face-to-face teaching activities, AND
The performance must take place in a classroom
or similar place of instruction, AND
The performance must be of a legally acquired
copy of the work
11. 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
12. MISD Guidelines for Use of
Video
All videos must be previewed by the teacher
All videos must enhance/support grade level and
subject matter curriculum
Rental video, feature films, theatrical releases and
programs taped off broadcast television must be
approved by the principal before showing
– G and PG rating OK all levels
– PG-13 OK only at secondary level with principal
approval and parent notification
– R is NEVER acceptable for any level
13. MISD Guidelines for Use of
Video
Parent notification is required when any rental,
feature film, theatrical release or programs taped
off broadcast television are to be used in their
entirety
Parent notification is required before showing
any video dealing with a controversial subject
Videos containing offensive language,
stereotypes, excessive violence or nudity are not
appropriate
14. MISD Guidelines for Use of
Video
All provisions of U.S. Copyright Law shall be
observed
Videos should not be shown for entertainment or
reward because it is a copyright violation
Teachers should use good judgment in the
selection/use of video
Teachers are encouraged to use a short “clip”
rather than a video in its entirety
Parent notification and off-air recording forms
are available from your principal
15. A final word…
You don’t take what isn’t yours
without asking first.
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.
Policy 646
Also Policy 646 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. All educators can meet this test, but this is not the only thing that you have to consider. 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. The less you can use of a work the better. Using or copying a work for your students must not adversely effect the ability of the author to sell their creation. 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.” The first factor is easy to accomplish. Face-to-face teaching means that the showing or performance must be 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. 3. Classrooms, auditoriums, gymnasiums, libraries, etc are examples of acceptable locations. School buses, churches, or other nonstandard locations are not. 4. 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 Blockbuster, 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 ITV 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.
Policy 633e
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. Pass out Copyright Compliance forms for teachers to sign and return to librarian.
