This document provides an overview of copyright law for K-12 educators. It discusses the purpose of copyright law, including ensuring authors are paid and promoting learning. Key aspects of copyright law are explained, such as exclusive rights, fair use exceptions, and distinguishing between copyright and physical copies. The document emphasizes that copyright is intended to benefit the public by making works available, while also recognizing the rights of creators. It provides guidance on determining what constitutes fair use and avoiding plagiarism. Overall, the summary emphasizes managing copyright compliance in education in a way that promotes learning.

1. Copyright for K-12 Librarians
and Educators
April 11, 2013
Carrie Russell, Director of the Program on Public
Access to Information
ALA
Office for Information Technology Policy
crussell@alawash.org

2. Purpose of the Copyright Law
1. To ensure that authors are paid
2. To promote learning and the dissemination of
knowledge
3. To manage the financial interests of rights
holders
4. To ensure that the heirs of rights holders can
continue to benefit from creative works

3. “The Constitution does not establish copyright, but provides that Congress
will have the power to grant such rights if it thinks best. Not primarily for
the benefit of the author, but primarily for the benefit of the public, such
rights are given. Not that any particular class of citizens, however worthy,
may benefit, but because the policy is believed to be for the benefit of the
great body of the people, in that it will stimulate writing and invention, to give
some bonus to authors and inventors.”
H.R. 2222, pp 6-7, Copyright Act of 1976

4. Copyright is Good
• Benefits the public by making creative works
available
• Understands that creators stand on the shoulder of
giants
• Creates economic markets for works
• Is flexible
• Loves non-profit libraries and schools

5. Wikipedia, the Free Encyclopedia
The dwarf sees farther than the giant, when he has the giant's shoulder to mount on.

6. Do not be this person.

7. Review of Copyright Law
• Exclusive rights make up the limited monopoly
created by Congress
– reproduction
– distribution
– derivative works
– public performance
– public display
• Exclusive rights are divisible and can be
inherited, given or contracted away
• Original and creative works fixed in a tangible
medium get automatic copyright protection
• Distinction between copyright and a copy (the
physical object)

8. There are “holes” in the Copyright
Monopoly
• “Exceptions” are legal rules that allow one to use a copyright without prior
authorization and without a fee
• “Limitations” are ways in which the monopoly is restricted
Statutory monopoly limited by:
– user privileges like fair use, first sale, interlibrary loan, etc.
– public domain (current term: life plus 70 years)
– checks on what can be protected (not facts, lists, processes, federal
government documents, etc.)
– idea v. expression dichotomy
– and others
• If copyright monopoly was not curbed – what would be the result?

9. Socially beneficial uses of
copyright materials
• Are central to the purpose of the law
• Are often reflected in copyright exceptions (ex.
public performances in the classroom)
• Places of learning, enrichment, and
scholarship have a special status under the law
• Non-profit, educational institutions are one of
the few institutions that are specifically singled
out as needing exceptions

10. Copyright is often confused with…
Some other intellectual property law
– Patents, trademark, trade secret
Contract law (licensing)
– When you ask and get permission to use a copyrighted
work from the copyright holder, you get a license to use
the work
– We try to get user rights we would expect in the
copyright law reflected in a license agreement
Fair use guidelines
– Do not have the force and effect of law
– But you might use these as your institutional policy
Plagiarism
– You can infringe and plagiarize at the same time, or you
can do one or the other separately

11. Plagiarism v. Copyright
Infringement
• Is harder to spell • Is a federal law
• Is wrong • Breaking the
copyright law
• Is something that • Is bounded by
should be taught limitations to
– Little kids/older kids copyright
• Any style format is • Unlikely
fine • Cite references
• Cite references

12. Drama Queen.
“Oh yeah, you can
say that but what if
we get sued.”

13. Your Liability
• Unlikely that a teacher or librarian would be
taken to court, but still could happen
• Section 504(c)(2) limits statutory damages for
alleged infringers who work at a non-
profit, educational institutions
• 11th Amendment – Constitutional doctrine
that state or state agencies cannot be sued for
dollar damages by the federal government
• Risky proposition to go to court; many
disputes settled out of court

14. The Copyright Police

15. Fair Use
• Most important for you to know
• Section 107, codified with the Copyright Act of 1976
• Determined on a case by case basis
• Requires one to think and make a judgment
• You may never know for sure that a use of a
copyright is fair or not

16. Four Factors of Fair Use
• Purpose of the use (Why do you want to use a
copyright?)
• Nature of the publication (What is the material that
you are using?)
• Amount (How much of the works are you using?)
• Effect on the market (What economic harm are you
causing?)

17. #1 Purpose of the Use
Fair Not Fair
Non profit, For profit,
educational use commercial use
Uses often fall in between
the two ends.

18. #2 Nature of the Publication
Fair Not Fair
Already published, Unpublished,
factual “creative”

19. #3 Amount Used
Fair Not Fair
Portions, The entire work,
just the amount needed flagrant,
to satisfy the use made to avoid purchase

20. #4 Effect on the Market
Fair Not Fair
No effect, Direct impact
enhances future sales on the market

22. Here is the black and white (no gray!), ill-considered, short term option.
Trails Category: Recognize how to use information responsibly, ethically, and
legally
AASL Information Power: IP-S8-I2
TRAILS Objective: From the list the learner will correctly identify the maximum
length of a sound clip from a popular song that may be legally
incorporated into a school project.
You are creating a video for your science class, and you want to include a
sound clip from a popular song. How much of the song may you include
without violating copyright?
CHOOSE ONE ANSWER.
() up to 3% of the song length, but no more than 9 seconds
() up to 10% of the song length, but no more than 30 seconds
() up to 20% of the song length, but no more than 1 minute
() There is no time limit because the song is being used for a
classroom assignment.

23. Fair Use Guidelines
• Motion Media: Up to 10 percent or 3 minutes, whichever is less, of a
single copyrighted motion media work.
• Text Material: Up to 10 percent or 1,000 words, whichever is less, of a
single copyrighted work of text.
• Poems: An entire poem of less than 250 words, but no more than three
poems by one poet or five poems by different poets from a single
anthology. In longer poems, the 250-word limit still applies, plus no more
than three excerpts by one poet or five excerpts by different poets from a
single anthology may be used.
• Music, Lyrics and Music Video: Again, up to 10 percent, but no more than
30 seconds of music and lyrics from a single musical work. Any alterations
of a musical work shall not change the basic melody or the fundamental
character of the work. For example, a music instructor could use a piece of
music and change the rhythm or emphasis on certain instruments to show
how this would alter the music. However, the basic melody must still be
recognizable.
“Bupkus!”

24. What If I Am Wrong?
• It’s alright, we are all wrong sometime or the
other
• Think critically
• Do not ruminate on the rights holder’s opinion
• “See the gray.”
• Defend library user, student, educator, faculty
rights to the fullest extent under the law

25. Transformative Uses
• Recast so something new is created
• Used to create something for which the
original work was not intended
• Use of work is in kind and amount necessary
to accomplish goal
• Uses in aggregate to make a point
• Use is socially beneficial

26. Real Court Examples
All Commercial Uses
• Campbell v. Acuff-Rose Music, Inc. (parody)
• Blanch v. Koons (collage)
• Perfect 10 v. Amazon.com (search engine)
• A.V. et al. v. iParadigms (new purpose)
• Bill Graham Archives v. Dorling Kindersley (to
make a point or argument)

27. Other Copyright Exceptions
• Section 108 – allows libraries and archives to make copies for
library users, interlibrary loan, replacement and preservation
• Section 109 – allows owners of locally acquired copies the
right to distribute that copy (library lending, used book stores,
garage sales, etc.)
• Section 110 – allows teachers to display or perform works in
the face-to-face classroom and in the digital or distance
education classroom via digital networks
• Section 117 – owner of a software program can make a back-
up copy
• Section 121 – allows for the making of accessible copies for
people with disabilities

28. More Copyright Exceptions
• Section 110 – allows teachers to display or perform works in
the face-to-face classroom and in the digital or distance
education classroom via digital networks
• Section 117 – owner of a software program can make a back-
up copy
• Section 121 – allows for the making of accessible copies for
people with disabilities
These exceptions don’t address every situation (go to fair use)
These exceptions are not the final word (try fair use)

29. Digital
• Must assume copyright protection; notice and
registration not required
• Fair use applies except when ….
• License, “terms of use” defines what you can do
with the work
• Implied license sometimes can be presumed
• Point to work (URL) when possible

31. A way to think through your
copyright situation…
this is as concrete as I am going to get
• Is your desired use of a protected work infringing?
• What exclusive rights are exercised?
• Is there a specific exception that allows this use?
• If not, is this a fair use?
• If not, can your teaching goal be met in another way
that is not infringing?
• If not, seek permission.

32. My recommendations…
• Work with your library community
• Tell them what they can do, before telling
them what they cannot do
• Ask why? Why do you want to use this work in
this way?
• Help make infringing uses, fair uses
• Make decisions through the librarian lens

33. Things to Remember
• The four factors of fair use are on a continuum
• Non-profit educational uses are not always fair
• The existence of a permissions market does not
negate fair use
• Copying of entire works is sometimes OK
• Transformative uses are favored
• Licensing may affect your user rights

34. Thank You!
Carrie Russell
crussell@alawash.org
800.941.8478