This document provides an overview of copyright issues related to the use of print and electronic materials for educational purposes. It discusses fair use guidelines, the TEACH Act, and permissions/licensing. Fair use allows use of copyrighted works for purposes of teaching and covers factors like the purpose of the use, nature of the work, amount used, and effect on the market. The TEACH Act provides additional flexibility for performance and display of copyrighted works in distance education. The document also provides limits and guidelines for use of multimedia in educational settings, as well as resources for further information on copyright and fair use.

1. Use of Print and Electronic
Materials
Is It CopyRight Or CopyWrong?
April 3, 2008
Medaline Philbert
mphilbert@pace.edu
914-773-3945
Educational Technology Coordinator’s Advisory Board

2. Copyright Issues – a Quiz
A+ for participation!
MIT Libraries
Fair Use Quiz
https://libraries.mit.edu/files/ospcl/fair-use-quiz/

3. Overview
 Fair Use
 Teach Act
 Multimedia
 Permission/Licensing
 Review
 Resources

4. Fair Use
 Copyright Act 1976 – Title 17 Section 107
 Limitations on exclusive rights:
 Purpose and character of the use
 The nature of the work
 The portion used
 Effect of the use on the market

5. Fair Use contd…
 Copyrighted materials for Instruction:
 Location is dedicated to instruction and
material stays there
 Copy used is legitimate
 Material is not available for educational use
 Note: do not use technology for
entertainment; don’t use bootleg copies, get
permission when in doubt

6. Multimedia
 Fair Use Guidelines for Educational
Multimedia (preparation)
 Students may incorporate portions of works into
creation
 Faculty may incorporate others’ works into
creations to produce curriculum materials

7. Multimedia contd…
 Fair Use Guidelines for Educational
Multimedia (permitted uses)
 Students may perform and display own works
and may use in own portfolios (job and graduate
school interviews)
 Faculty may perform and display work created
for classroom, independent study students,
and online students
 Faculty may show creations at professional
symposia and retain same in portfolios (tenure,
job interview)

8. Multimedia contd…
 Fair Use Guidelines for Educational
Multimedia (limitations – whichever is less)
 Motion media (clips) – up to 10% or 3minutes
 Text – up to 10% or 1000 words
 Poems –
 Up to 250 words
 Three poem limit per poet
 Five poem limit by different poets from an
anthology

9. Multimedia contd…
 Fair Use Guidelines for Educational
Multimedia (specific limits - whichever is less)
 Music – up to 10% or 30 seconds
 Photos and images –
 Up to 5 works from one author
 Up to 10% or 15 works from a collection
 Database Information – up to 10% or 2,500
fields or cell entries

10. Teach Act
 Signed into law November 2, 2002
 Accredited non-profit educational institution or
governmental agency
 Policy on copyrighted materials is available
 Non-digital educational work (need permission
for marketed)
 Work was lawfully made and acquired
 Work is integral part of class session

11. Teach Act contd…
 Portion used is comparable to face-to-face
teaching
 Transmission, as technically feasible, is limited
to enrolled students in the class
 Reasonable measures implemented to prevent
retention of the work beyond class session and
unauthorized dissemination by recipients
 Notice accompany work informs students that it
maybe protected by copyright

12. Teach Act contd…
 Conversion from analog to digital is permitted
if a digital copy is not available to the
institution
 System will not interfere with the technological
controls of the material
 Copyright and Fair Use Blackboard FAQs
 Comparison Section 110(1)-(2) by Laura
Gasaway http://www.unc.edu/~unclng/TEACH.htm

13. Copyright Duration
 How long does a copyright last?
 After January 1, 1978, life of author plus 70
years
 Joint work by two or more authors, life of last
surviving author plus 70 years
 Work for hire, 95 years from publication, or
120 years from creation, which ever is shorter
 When Works Pass Into Public Domain
(Lolly Gasaway)

14. Permission/Licensing
 When in doubt seek permission!
 Copyright – The rights licensing experts
http://www.copyright.com/
 Fair Use Guidelines for Educational Multimedia
Andrews University
 Asking for Permission
Columbia University

15. Fair Use Copyright Quiz
 Copyright-CopyWrong?
Test your knowledge with Hall Davidson’s
Quiz
http://www.csus.edu/indiv/p/peachj/edte230/co
Answers with explanation
http://www.csus.edu/indiv/p/peachj/edte230/

16. Review - Chart
 Technology & Learning
Copyright and Fair Use Guidelines for Teachers

17. Resources
 Copyright and Ethical Use of Data
https://www.lib.umn.edu/datamanagement/copyright
 Copyright and the Online User
http://libguides.pace.edu/distance-education-services/copyright
 The Educator’s Guide to Copyright & Fair Use
http://www.halldavidson.net/TechLearningArticle.pdf
 Copyright and Fair Use in the Library: Educational
Multimedia http://molloy.libguides.com/c.php?
g=58155&p=373907
 Copyright and Fair Use – PowerPoint presentation
http://www.ivyrun.com/education/resources/copyright.htm

18. Resources contd…
 Digital Copyright - To subscribe e-mail: digital-
copyright-digest-subscribe@lists.umuc.edu
 Copyright Law of the United States
http://www.copyright.gov/
 Copyright-CopyWrong
http://www.csus.edu/indiv/p/peachj/edte230/copyright/#article
 Brooks-Young, Susan. Digital-age literacy for teachers:
applying technology standards in everyday practice.
Eugene, OR : International Society for Technology in Education,
c2007.
 Ibid – Making technology standards work for you: a guide
for school administrators. Eugene, OR : International Society
for Technology in Education, c2002.