The Forney ISD does not discriminate and ensures equal access to programs and activities. Copyright law protects particular expressions of ideas and facts, not the ideas themselves. Fair use allows use of copyrighted works for purposes like teaching under certain guidelines regarding factors such as the portion used and the work's nature. Teachers should follow multimedia guidelines and district policy on video usage to ensure legal use of copyrighted materials.

1. 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.

2. Basic Principle
Copyright law doesn’t protect ideas
or facts. It protects the particular
expression of those facts and ideas.

3. 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.

4. What is Copyrighted?
EVERYTHING
This includes everything you and your
students create as well.

5. What are the Rules?
□ Copyright is a Federal Law
□ Anything created after 1976 and in tangible form is copyrighted
even if it does not have the © (copyright symbol).
□ Fair Use is really a defense used in court against a charge
of infringement and a set of congressional guidelines.
□ Multimedia Guidelines are “a set of clear-cut guidelines
on the use of multimedia in education was approved late
in 1996 and published shortly thereafter.”

6. What does the law
guarantee to a copyright
holder and what must I
exercise caution in using?

7. Federal law protects the following
rights of a copyright holder
□ Reproduction
□ Adaptation
□ Distribution
□ Public Performance
□ Public Display
□ Digital Transmission of Sound Recordings
The following slides will explain each strand.

8. Reproduction
Examples considered an infringement of
copyright 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 you
really own is the right to listen to the music
until the disk breaks or wears out. You don’t
own the rights to convert any of that
material into another format.”

9. Adaptation
Examples considered an infringement of
copyright involving adaptation:
□ When a teacher converts a cartoon into
digital format for a PowerPoint
presentation or
□Taking a popular song and writing new
words

10. Distribution
Examples considered an infringement of
copyright 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 do
whatever you want physically with a book – you
own the physical, not the intellectual copy. CD
ROM’s – you have bought a physical copy.

11. Public Performance
Examples considered an infringement of
copyright consisting of public performance:
□ Anything done in the public school
classroom is considered public

12. Public Display
Examples considered an infringement of
copyright consisting of public display:
□ Displays outside the home are considered
public.

13. Digital Transmission of
Sound Recordings
This new law, came about because of the
Internet.
Examples considered an infringement of
copyright 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.

14. Can I use copyrighted
materials if they are
under the Fair Use
Guidelines?

15. 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

16. 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., don't 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.

17. Four Factors to Consider for Fair Usage
1. 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.

18. 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? )

19. 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

20. 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.

21. 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.

22. 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.

23. 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.

24. 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

25. 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 source
Copyright Poster
http://www.halldavidson.com/copyrightTEACH.pdf

26. 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.

27. 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/

28. 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-literacy
For 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

29. Credits
This 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.

30. Disclaimer…
Please keep in mind that the information
presented here is only general information. True
legal advice must be provided in the course of an
attorney-client relationship specifically with
reference to all the facts of a particular situation.
Such is not the case here, so this information must
not be relied on as a substitute for obtaining legal
advice from a licensed attorney.