This document discusses copyright law and its application to sharing instructional materials. It notes that copyright law gives the creator exclusive rights over copies of their work and outlines some exceptions for fair use in education. Specifically, it states that teachers can make one copy per student of short passages from books or articles for classroom use but cannot share purchased materials without the appropriate license. The document warns that unethical sharing of copyrighted materials could result in legal consequences for educators ranging from fines to lawsuits.

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Copyright, fair use, and acceptable use

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3. NETS-T Standards
3. Model digital age work and learning
Teachers exhibit knowledge, skills, and work processes
representative of an innovative professional in a global
and digital society.
d. Model and facilitate effective use of current and
emerging digital tools to locate, analyze, evaluate, and
use information resources to support research and
learning

4. NETS-T Standards
4. Promote and model digital citizenship and responsibility
Teachers understand local and global societal issues and
responsibilities in an evolving digital culture and exhibit legal and
ethical behavior in their professional practices.
a. Advocate, model, and teach safe, legal, and ethical use of digital
information and technology, including respect for copyright,
intellectual property, and the appropriate documentation of sources
c. Promote and model digital etiquette and responsible social
interactions related to the use of technology and information

5. NETS-T Standards
5. Engage in professional growth and leadership
Teachers continuously improve their professional practice, model
lifelong learning, and exhibit leadership in their school and
professional community by promoting and demonstrating the
effective use of digital tools and resources.
c. Evaluate and reflect on current research and professional practice
on a regular basis to make effective use of existing and emerging
digital tools and resources in support of student learning

6. GaPSC IT Standard
Standard 4: Digital Citizenship & Responsibility
Candidates demonstrate the knowledge, skills, and
dispositions to model and promote digital citizenship and
responsibility.
Element 4.2 Safe, Healthy, Legal & Ethical Use
Candidates model and facilitate the safe, healthy, legal,
and ethical uses of digital information and technologies.

7. Learning Objectives
● Learners will develop an understanding of copyright
law as it applies to instructional text and images
within a classroom setting.
● Learners will identify copyright violations as it applies
to the use of sharing instructional texts and images for
educational purposes.
● Learners will demonstrate the ethical use of sharing
instructional material.

8. Focus Questions
● What does copyright law say about copying or sharing
printed materials for educational purposes?
● Are teachers allowed to share with fellow teachers
materials that are either purchased or licensed?
● What is considered acceptable when obtaining or
sharing information?
● What are the possible consequences for the unethical
use of instructional material?

9. Pre-Test
1. Do you use supplemental instructional materials in your classroom?
2. Have you ever shared a file (or hard copy) that you purchased and
downloaded?
3. Do you know what is considered fair use when sharing or reusing
printed materials?
4. Are you aware of and comfortable with the consequences of unethical
use or sharing of instructional material?

10. PSA Copyright, Fair Use, and
Creative Commons
Kids say the darnedest things…
Watch as elementary students guide their teachers through a quick lesson on copyright, fair use, and
creative commons.
Please watch the video provided. Once you have finished, please return to the main content window, and
let us know you’re ready to move on by raising your hand.

11. Copyrights and Copying Wrongs
First you must know what Copyright means.
According to Dictionary.com it is “the exclusive right to make copies, license, and
otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.:
works granted such right by law on or after January 1, 1978, are protected for the lifetime
of the author or creator and for a period of 50 years after his or her death”.
Copyright laws are based on the belief that anyone who creates an original,
tangible work deserves to be compensated for that work, that compensation
encourages more creative works, and that society as a whole benefits from the
creative efforts of its members.

12. What isn’t Copyright protected?
There is a surprisingly SHORT list…
●Works that have not been fixed in a tangible form of expression.
●Titles, names, short phrases, and slogans; familiar symbols or designs;mere variations
of typographic ornamentation, lettering, or coloring; mere listings of ingredients or
contents.
●Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or
devices-- as distinguished from a description, an explanation, or an illustration.
●Works consisting entirely of information that is common property and contains no
original authorship, such as standard calendars, height and weight charts, tape
measures and rulers, and lists or tables taken from public documents or other common
sources.

13. Do you know about dedicated works?
When looking at a piece of work you may see the phrase “This
work is dedicated to the public domain”. This means the work is
FREE for you to use. Some authors decide not to protect their
work and dedicate it to the public for use. This is a rare
occurrence and unless there is specific authorization placing the
work in the public domain, do not assume that the work is free to
use.
Only the copyright owner can dedicate a work to the public
domain.

14. Quick Reference for Teachers

15. Fair Use Guidelines for Educators
● Educational Fair Use Guidelines, found in Circular 21 by the United
States Copyright Office, are not part of the Copyright Act, but they
are used as standards according to the courts and the Copyright Office.
They deem what can be used for educational purposes, which are
defined as:
○ noncommercial instruction or curriculum-based teaching by
educators to students at nonprofit educational institutions
○ planned noncommercial study or investigation directed toward
making a contribution to a field of knowledge, or
○ presentation of research findings at noncommercial peer
conferences, workshops, or seminars.

16. Copyright and text documents
● It is permissible to make one copy per pupil of the following:
○ a chapter from a book
○ an article from a periodical or newspaper
○ a short story, short essay, or short poem
○ a chart, graph, diagram, drawing, cartoon, or picture from a book,
periodical, or newspaper.
● Newspapers & periodicals are more permissible if the material is related
to current events.
● Teachers cannot use copied materials to replace classroom textbooks or
workbooks.
● Teachers cannot copy materials made specifically for use in an
educational setting.

17. Copyright and text documents
Points to know:
•Copying materials cannot be suggested by anyone
other than the classroom teacher; school &/or district
administration cannot direct a teacher to copy
materials.
•The idea to make copies and the instance, or date, of
their intended use must be so close together that it
would be nearly impossible to seek permission from
the copyright holder.

18. To share or not to share??
Internet Text Downloads
●If you use text downloaded from the internet for classroom purposes, you are
allowed to copy enough for your class only! If a colleague would like to use the
materials, direct them to the website so fair use guidelines will be met.
Warning!
●Materials downloaded from the internet may be used for one class or one term
ONLY. Do not put it in a file for future use!!
●You may share purchased materials (ex. TeachersPayTeachers) only if you
purchase the license for multiple users. Most purchases clearly say this is for one
user license only.

19. To share or not to share??
Resource Books
●When you purchase resource books, you have purchased one user license agreement. This
means you have purchased the right to copy the materials for your instructional use only, you
may not share these materials with another teacher. Remember, copying materials can not
substitute the purchase of books, publishers’ reprints or periodicals.
Images
●Each source may have different permissions of how you can use the images. For example,
Microsoft Clip Art Gallery allows you to use images for school assignments, church bulletins, or
personal use. It prohibits the use of images in the gallery for financial gain.
●Not all clip art sites have legal permission to distribute the images they have, even if the
images are royalty free.
●Use no more than 5 images from a single artist or source.

20. Consequences for unethical use of
instructional material
The unethical use of materials have ethical and legal implications.
Although copyright laws have been in existence for many years, damages applicable to
educators and librarians are relatively new.
Infringements are classified as either “willful” or “innocent” and the fines can be raised or
lowered accordingly.
If a civil lawsuit is pursued by the copyright owner, infringers may be subjected to
statutory damages starting at $100 and may increase into the millions.
The damages are calculated by the potential profits the copyright owner lost as a result of
the infringement.
http://www.copyright.gov/circs/circ21.pdf

21. Consequences for unethical use of
instructional material
Let’s be honest, when educators are locating and preparing materials for their classes, they usually have
the students’ best interest, school budget, and time constraints in mind. Most are not purposely trying to
prevent copyright owners from profiting from their product.
We would all probably fall into the “innocent infringer” category at some point in our careers.
However, ignorance is not a defense. More importantly, as educators we should exhibit lawful and
ethical conduct when it comes to the use of materials. We should serve as role models of and resources
for digital citizenship to our students and colleagues.
“Action indeed is the sole medium of expression for ethics.” Jane Addams

22. How can I stay out of Copyright Prison?
1. Cite the source!
2. Purchase materials whenever possible so you will have
access to it for future use.
3. Don’t give or get copies of materials from colleagues. Ask for
or share the source so materials can be used or purchased
legally.
4. Look for websites that say “Dedicated to the Public Domain”.
These materials may be shared freely.
5. Have a copy of the “Copyright and Fair Use Guidelines for
Teachers” available for easy reference.

23. Post Test
1. A fellow teacher walks into your room and sees a really neat hand-out
on your desk. The colleague is really interested in the activity and
asks where you got it from and if she can have a copy of it. You reply
that you purchased if off of the site Teachers Pay Teachers and say
sure go ahead and make the copy.
Is the teacher within her rights to share the copy since she paid for it?

24. Post Test cont.
2. A teacher is in charge of making the monthly newsletter for her
team. She really likes to make the newsletter look interesting so she
goes to google to copy and paste 4 clip-art images onto her clipboard
to put onto the newsletter.
Is this teacher within the copyright rules for google images?