The Forney ISD does not discriminate on the basis of race, color, national origin, gender, disability, or age in its programs and activities.Copyright for Educators 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. Be aware that this presentation is in no way a “complete” view of the very complex Copyright, Fair Use issue.
Basic PrincipleCopyright law doesn’t protect ideas or facts. It protects the particular expression of those facts and ideas.
Main Purpose□ Many people think the original intent of the law was only to protect the creator of the work. Instead it was also intended to allow others to build freely on the ideas and information conveyed by a work.□ From the US Constitution: Article I, Section 8, Clause 8 of the U.S. Constitution, also known as the Copyright Clause, gives Congress the power to enact statutes “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.
What is Copyrighted?EVERYTHINGThis includes everything you and yourstudents create as well.
What does the lawguarantee to a copyright holder and what must Iexercise caution in using?
Federal law protects the following rights of a copyright holder□ Reproduction□ Adaptation□ Distribution□ Public Performance□ Public Display□ Digital Transmission of Sound RecordingsThe following slides will explain each strand.
ReproductionExamples considered an infringement ofcopyright using reproduction: □ Audio recording of a print work □ Making a change in format such as recording a book or digitizing a photo“While you may own a CD recording, all youreally own is the right to listen to the musicuntil the disk breaks or wears out. You don’town the rights to convert any of thatmaterial into another format.”
AdaptationExamples considered an infringement ofcopyright involving adaptation: □ When a teacher converts a cartoon into digital format for a PowerPoint presentation or □Taking a popular song and writing new words
DistributionExamples considered an infringement ofcopyright using distribution:□ Forwarding an email□ Putting computer software on the campus network□ Putting student work on the Web*One Caveat – ‘Right of First Sale’. You can dowhatever you want physically with a book – youown the physical, not the intellectual copy. CDROM’s – you have bought a physical copy.
Public PerformanceExamples considered an infringement ofcopyright consisting of public performance:□ Anything done in the public school classroom is considered public
Public DisplayExamples considered an infringement ofcopyright consisting of public display:□ Displays outside the home are considered public.
Digital Transmission of Sound RecordingsThis new law, came about because of theInternet.Examples considered an infringement ofcopyright with digital media:□ Downloading or distributing whole copies of copyrighted material for personal use or entertainment without explicit permission from the copyright owner□ Downloading a copy of illegally distributed music, movie, game, software, etc. to your computer □ Even if you download only one song, you are committing an illegal action.
Can I use copyrighted materials if they are under the Fair Use Guidelines?
What is Copyright “Fair Use”?□ The Copyright Act of 1976 introduced a concept called Fair Use. The Fair Use Act basically asserts that copying should be allowed for purposes of criticism, news reporting, teaching and scholarly research. *□ Copyright law grants educators, rights to reproduce or use certain copyrighted materials, as long as the reproduction or use of these materials meets certain guidelines such as “for educational use”.□ The Act outlines four distinct factors to consider when using copyrighted materials in non-profit educational settings * http://www.copyright.gov/title17/92chap1.html#107
Fair Use (continued)□ While the law may permit the fair use of a copyrighted work for such purposes as teaching, scholarship, research, criticism, comment, news reporting, etc., dont assume that all such uses are "fair."□ Fair use depends on a balance of four factors□ The federal guidelines are not specific but rest on the balance of these four areas for court cases.
Four Factors to Consider for Fair Usage1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes. Is your intention to make a profit or is it purely a nonprofit educational use? Do you plan to use the material in a commercial or noncommercial manner?2. The nature of the copyrighted work. Is your use fact-based or created imaginatively? Is the work published or non-published? If the work is factual, then the work is not copyrightable (ex. maps). Ideas can not be copyrighted either, only expression.
Four Factors to Consider (continued)3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. Are you going to use a small portion of the work or are you planning on using most if not all of it? If you are taken to court over a copyright issue, the courts are more likely to weigh this factor in your favor. If you use a small portion, you should be ok. (Less is best – a portion – not all or substantially all )4. The effect of the use upon the potential market for or value of the copyrighted work. Is it possible to obtain permission from the copyright holder? For example, is the copyright holder recognizable and determinable? Will your use negatively effect the sales of the original copyrighted work? Will your new work harm the market for the original works? Will your new work impair the market for derivative works? Is there a market for permission? Will your use of the copyrighted work actually increase sales of the original? (What would happen if everyone were to copy it? )
Copyright Exceptions for Students with Print Disabilities□ There are exceptions for students with “print disabilities”. This includes students who qualify for both 504 and Special Education and who have visual, physical, and/or learning disabilities (MR, LD, AU).□ For more information refer to the following website: http://www.bookshare.org/_/aboutUs/legal/chafeeAme ndment
Fair Use Guidelines for Educational Multimedia□ To make the standards even more clearly for teachers in this technological age, a set of guidelines was developed with the participation of a broad cross section of educators, attorneys, publishers, and librarians in September, 1996.□ The "Fair Use Guidelines for Educational Multimedia” is clarified on the following slide.
Clarification of the Fair Use Guidelines for Educational Multimedia□ Students may incorporate others works into their multimedia creations and perform and display them for academic assignments.□ Faculty may incorporate others works into their multimedia creations to produce curriculum materials.□ Faculty may provide for multimedia products using copyrighted works to be accessible to students at a distance (distance learning), provided that only those students may access the material.□ Faculty may demonstrate their multimedia creations at professional symposia and retain same in their own portfolios.
Specific Multimedia Guidelines to Follow…. It’s the Law!□ Though this language is general, specific quantities of copyrighted material have been defined as acceptable for use in the creation of non-profit educational presentations. Teachers and students should keep these guidelines in mind when creating projects.□ Teachers may retain multimedia products incorporating the copyrighted works of others for a period of two years for educational use. After that, permission must be sought to continue use.
FISD Policy for Video Usage□ Before showing a video to students, teachers should insure the following: • Any public showing is acceptable based on copyright laws. • The video correlates with TEKS and has educational value. • The showing of the video has prior approval from the campus administration. • The activity is documented in the teacher’s lesson plans.□ Videos, whether purchased or rented, are to be used in the classroom for educational purposes only – not for entertainment or reward.“Forney I.S.D. Employee Handbook. (2010-2011), p. 39” Check the 2011-2012 Employee Handbook for any updates.
What Can Teachers Do?□ Check for copyright notices at the bottom of web pages□ Never put copyrighted material up on the web without permission□ If in doubt, ask for permission□ Create your own graphics. or ask permission to use student graphics□ Always give credit to the original creator of anything you use.□ Use a Creative Commons License on your own work, especially if you want to share.□ Be aware and follow the Copyright Guidelines for Educational Use (see next slide)□ Additional reference online: Copyright in an Electronic Environment http://www.dpi.state.nc.us/copyright1.html
Copyright Guidelines “Fine Print” for Educational Purposes□ MUSIC – 30 seconds or up to 10%, whichever is less□ MEDIA (video clips/motion media) – 3 minutes or up to 10%, whichever is less□ TEXT – 1000 words or up to 10% , whichever is less□ POEMS – 250 words, with a three poem limit per poet and five poem limit by different poets from an anthology, or 10%, whichever is less□ PHOTOS – (images) – No more than 5 per author or a maximum of 15 per collection or up to 10%,, whichever is less□ DATABASE Information – 2,500 fields or cell entries or up to 10% , whichever is less□ IMAGES (charts, graphs, cartoons, etc.) – One per sourceCopyright Poster http://www.halldavidson.com/copyrightTEACH.pdf
Copyright…Why Does It Matter?□ It is the law!□ As teachers we should model ethical behavior □ It is an ethical issue □ Do we take what doesn’t belong to us just because we want it?□ Schools and individuals are prosecuted and it can get expensive□ It is our responsibility to model 21st Century ethics.
Additional Resources for Copyright□ For student activities and copyright quizzes see the “HotList” for Copyright Resources□ Thinkfinity.org http://www.thinkfinity.org□ Sky by Learning.com http://platform.learning.com/Interface/TeacherSky/
Work Cited□ Davidson, H. (2002) NECC. “Visuals: The Way Our Brain Works”, Workshop Resources, Retrieved August 9, 2009, from Hall Davidson’s website: http://www.halldavidson.com/downloads.html#anchor923173□ US Copyright Office http://www.copyright.gov/title17/92chap1.html#107□ The Copyright Site http://www.thecopyrightsite.org/fairusedetailed.html□ Forney ISD Employee Handbook 2010-2011, p39□ Copyright in an Electronic Environment http://www.dpi.state.nc.us/copyright1.html□ YouTube video: The Cost of Copyright Confusion for Media Literacy http://mediaeducationlab.com/video-cost-copyright-confusion-media-literacyFor more information:□ Simpson, Carol. Copyright for schools: A Practical Guide. Worthington, Ohio: Linworth Publishing, 2001.□ Copyright Poster, http://www.halldavidson.com/copyrightTEACH.pdf□ Chilling Effects of Copyright Infringements http://chillingeffects.org/piracy/faq.cgi#QID142
CreditsThis presentation was created by Reneé Setser for Forney ISD 2011-2012 required trainings.Some of the material presented is a compilation of previous copyrighted trainings created by Suzanne Smith & Reneé Setser, Copyright for Educators created by the KISD Library Media Specialists’ Copyright Committee 2005-2006 in Katy ISD, and materials gathered from Internet sources and technology conferences: TCEA and NECC.
Disclaimer…Please keep in mind that the informationpresented here is only general information. Truelegal advice must be provided in the course of anattorney-client relationship specifically withreference to all the facts of a particular situation.Such is not the case here, so this information mustnot be relied on as a substitute for obtaining legaladvice from a licensed attorney.