This presentation is a look at Copyright in Education. It is not meant as a legal source, but only as a general guideline to using Copyrighted works in educational multimedia. Please use with caution and use common sense when using any copyrighted work.

1. Copyright for Educators
and Students
Compiled by Cayla Armatti, North Pole High School, 2014

2. This presentation is meant as an introduction to Copyright. This is not
a legal guide. Copyright law is very complex, and most issues are sent
to a judge for decision. The information here has been garnered from
expert sources. Please use common sense, and err on the side of
caution. Cayla A. Armatti 2014

3. What is “Copyright”?
 Copyright is a form of legal protection to
safeguard the intellectual property of people who
create it.
 The law was written into the US Constitution as
a way to promote inventing and creating,
assuring the owners that their work would be
protected from unlawful use by others.

4. Exclusive Rights of Copyright Owners
 Make copies and distribute the work
(Example: Selling copies of a music CD.)
 Create new works based on the original
(Making a movie from a book).
 Perform or display the work in public.
(Concert)

5. What Types of Work are Protected by
Copyright Law?
 Literary works
 Music and lyrics
 Dramatic works and music
 Pantomimes and choreographic works
 Photographs, graphics, paintings and sculptural works
 Motion pictures and other audiovisual works
 Video games and computer software
 Audio recordings
 Architectural works

6. What is NOT protected by Copyright Law
 Unfixed works that have not been recorded in a tangible, fixed form
(e.g., a song you made up and sang in the shower)
 Work in the public domain (see below)
 Titles, names, short phrases, and slogans; familiar symbols or designs;
numbers
 Ideas and facts
 Processes and systems (e.g., the Dewey decimal system)
 Federal government works (e.g., the tax code)

7. If I have an idea, is it copyrighted?
 Ideas are not copyrighted until they have a
tangible form. They must be written or in some
way recorded.
 If you write an original poem on a napkin it is
protected by copyright law.
 Every original idea on the internet is copyrighted.
The challenge is in finding the original
appearance of that drawing, song, poem, or
meme.

8. Who owns the copyright?
 The creator or author
 The creator or author’s heirs if he is deceased.
 When two persons create a work together they
share ownership, unless there is a legal statement
to the contrary.
 The author may sign over or sell the rights to
another individual.

9. What is Online Piracy?
 Piracy is the illegal downloading or copying of another
person’s work from the Internet.
 This can be through peer-to-peer sharing sites, or by
right-clicking and saving anything you do not have
permission to borrow.
 You can avoid a violation by using fair use guidelines.

10. How Long does Copyright Last?
 For original works created after 1977,
copyright lasts for the life of
author/creator + 70 years from the author’s
death for his/her heirs.

11. What is Licensing?
 Licensing is when a copyright owner gives a
person or organization permission to use
their work, usually in exchange for a fee.
An example would be when a song is sold
for use in a TV advertisement.

12. Limitations on Copyright
 There are several limits on copyright
(These are special conditions which allow a user to use a
copyrighted work without permission):
Fair Use
First Sale
Public Domain
The next few slides will give more detail
about each of these.

13. Limitation 1: Fair Use
 Fair Use allows someone to use a
copyrighted work under special
circumstances. This is the most important
condition affecting educational use of
music, photos, literature, and more.

14. Four Factors Affecting Fair Use
A judge would look at these factors if someone
claimed their work was stolen.
1. The purpose of the use (Why are you using
someone else’s creation?)
2. The nature of the original. (Was it creative or
factual)
3. The amount used.
4. Effect on the value, or the owner’s right to earn
an income.

15. 1. Fair Use: Purposes of the Use
(Why are you using someone else’s work?)
 Is the new work an exact copy, or have you
used the information in a new creative
way?
 Will you make money off of the copy, or is
the use for education or non-profit
purposes?

16. 2. Fair Use: The Nature of the Original
 Was the original work creative or factual?
 Facts are more difficult to “own”, so using
a highly creative work without permission
would be more likely to cause a problem
for a user.

17. 3. Fair Use: The Amount Used
 Are you using a few seconds of a musical
piece, or a few paragraphs of a literary
work, or are you copying the work in its
entirety?

18. 4. Fair Use: Effect on the value, or the
owner’s right to earn an income.
 Using a small portion of a work is less
likely to be problematic than making a copy
of an entire work.

19. Limitation 2: First Sale
 First Sale allows a person who buys an original
work the right to resell it. If you purchase a Music
CD or a DVD, you do not own the copyright, but
you do have the right to resell it (to a friend, to a
used books store, in a yard sale, etc)

20. Limitation 3: Public Domain
 Public Domain is work that is not covered by Copyright for one of several
reasons:
 The copyright may have expired.
 The creator may have put the work into the public domain voluntarily.
 Works that are not copyrightable: Titles, names, ideas and facts, government
works and documents.
 For example, you can use the word “Coca Cola” in a short story without
permission, but you couldn’t rename a creation (a new beverage) “Coca
Cola”.

21. Why is it Important for Educators and
Students to know about Copyright law?
 Educators should know the law in order to set a good
ethical example for students. No one wants to get fine or
sued, or have to pay penalties, and often these things
happen because someone simply did not know their action
was illegal.
 A school librarian’s job description includes requirements
for educating school staff and students about copyright
limitations.

22. So how can we use copyrighted works in
a school setting?
 In school we pay close attention to the Fair Use Guidelines.
 Purpose
 The nature of the work
 The amount used
 The impact on the owner to profit
 Some general guidelines have been developed. These are
recognized, but are not part of the law. Use all copyrighted
works with caution and common sense.

23. Educators can use Copyrighted
Materials:
 When it is obtained legally
 It is used for curriculum based instruction
 Credit is given, sources are cited

24. Students may use copyrighted works:
 For educational projects
 It must be copied legally
 May be used for job interviews, college/school
interviews as a part of a portfolio of work.
 Must adhere to the Fair Use guidelines.
 Credit is given, sources are cited

25. Educational use Guidelines:
Time Limitations
 Up to two years from when created/first
use

26. Educational use Guidelines:
Portions of Original
 3 minutes or up to 10% (whichever is less) of a motion
media work
 1000 words or 10% of a book (1 chapter, 1 poem)
 30 seconds of music, video, or lyrics from a musical
work
 Photographs/Illustrations: No more than 5 by an
individual artist, 10% up to 15 works from a collective
source (like photos from a book on New York artists)

27. What is Not Covered by Fair Use -
Meaning… Permission is Required
 Permission should be obtained from the original
artists/creator:
For non-educational or commercial purposes
Before making many copies
Before distributing

28. Other Options
 There are websites that offer copyright free music and art
for use in presentations and multimedia artwork.
 You can search for Creative Commons works that allow use
for various purposes.

29. Creative Commons
 Creative Commons is an organization that allows you
license and signify how others may use your original work
featured online.
 You can choose how you will allow your work to be used.
 They must use it as is.
 They can adapt it.
 They can make copies.
 For more information see:
http://creativecommons.org/

30. Sources Used
 "Creative Commons." Creative Commons. Creative Commons. Web. 11
Dec. 2014. <http://creativecommons.org/>.
 Harper, Georgia. "Fair Use Guidelines for Educational Multimedia."
Fair Use Guidelines for Educational Multimedia. University of Texas
Libraries, 1 Jan. 2007. Web. 11 Dec. 2014.
<http://copyright.lib.utexas.edu/ccmcguid.html#1>.
 "Teaching Copyright." Teaching Copyright. Electronic Frontier
Foundation. Web. 11 Dec. 2014.
<http://www.teachingcopyright.org/>.
 "Welcome To The Copyright Kids Site." Welcome To The Copyright Kids
Site. The Copyright Society of the U.S.A, 1 Jan. 2007. Web. 11 Dec.
2014. <http://www.copyrightkids.org/>.

31. This work is licensed under a Creative Commons Attribution-NonCommercial-
ShareAlike 4.0 International License.
Cayla Armatti and Fairbanks NorthStar Borough Schools, 2014