Technology in the classroom is nothing new, but with the rise of smartphones, smart boards and tablet computing, the way teachers and students use and engage with media continues to grow and evolve. Any time educational content is used, shared or created, whether by teachers or by students, IP laws and, specifically, copyright laws, are implicated. Administrators, teachers and students must all be aware of what activity is freely permissible under U.S. Copyright Law, and what sort of activities might run afoul of the law.

1. GAMABrief:
What Every School Needs to Know About Copyright Law
Introduc)on
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Technology in the classroom is nothing new, but with the rise of smartphones, smart boards and tablet computing, the way
teachers and students use and engage with media continues to grow and evolve. Any time educational content is used, shared or
created, whether by teachers or by students, IP laws and, specifically, copyright laws, are implicated. Administrators, teachers and
students must all be aware of what activity is freely permissible under U.S. Copyright Law, and what sort of activities might run
afoul of the law.
!
Copyright
Basics
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U.S. copyright law protects a work from the moment it is created, or “fixed,” in a tangible medium of expression. Copyright
protection ensures that only the author or creator of the work has the right to reproduce, transmit, distribute, perform and make
derivative copies of the work. “Works” that can be protected by copyright law include things like books, photographs, films,
drawings, paintings, musical works, sound recordings, sculptures and even computer code.
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Since teaching demands the use and reproduction of books, pictures, films and other media, both in hard copy forms and online, it
is imperative that schools be aware of what sort of media are being consumed.
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Sharing
Media
in
the
Classroom:
The
Do’s
&
Don’ts
for
Teachers
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With schools facing rising costs and stretched budgets, it is important for teachers to know when it is permissible to photocopy a
book, include photos in presentations or show a film to a class without first paying a licensing fee or obtaining consent from the
creator.
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Generally speaking, any time a teacher copies a book without the author’s permission, the teacher has infringed the author’s work.
Yet, U.S. copyright law makes room for many uses of copyrighted work under a legal doctrine known as “fair use.” Essentially, the
doctrine permits individuals to use portions of another’s copyrighted work, so long as the use does not harm the original author
in any way.
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Determining whether a use is “fair” is notoriously difficult, and different courts will often come to different conclusions on the
same set of facts. The following is a general guideline set of guidelines that teachers can use to determine whether their use of
material for the classroom is “fair.”
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For
video
media:
Using DVDs, videotapes or tapes made from television broadcasts in an instructional setting (i.e. a classroom) is
generally permissible. Using video media in a multipurpose room or for a student movie club is not permissible without prior
authorization from the copyright owner.
!
For
print
media: Making a photocopy for each student in the classroom of shorter works (less than 2,500 words) is permissible.
For longer works, making a photocopy of no more than 10% of the work is generally permissible. But, making photocopies from a
book that was not acquired legally, regardless of how much is copied, will run afoul of copyright laws.
!
For
other
media: Other media such as software, music and images present even more complex issues. Generally, a school must
acquire educational software licenses for every student who will use a software program, while use of images and music for
instructional purposes are generally permissible, so long as the images and music are not posted on the Internet without the
copyright owner’s permission.
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A GAMA White Paper produced by Brandon Wiebe © 2014. Gagnier Margossian LLP. All rights reserved.

2. When
a
Student
Infringes
Another’s
Copyright
Using
a
School
Computer
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The introduction of Internet access on campus further complicates intellectual property issues for a school. With free access to
the Internet, students may be able to illegally copy and distribute protected works – most notably songs and movies – through
the use of file sharing networks. As the owners and managers of the computers on which the infringement occurred, schools
could potentially face liability in their own right for aiding in that infringement. This is known as “contributory” or “vicarious” liability.
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U.S. copyright law does provide a way for colleges and universities to mitigate this risk. If non-profit institutions of higher
education take certain measures, including informing their students about their obligations under copyright laws, they can take
advantage of a “safe harbor” passed as part of the Digital Millennium Copyright Act (DMCA).
!
There is no similar safe harbor provision targeted directly towards primary and secondary schools. Yet, the DMCA does allow any
organization that provides Internet services to obtain immunity for copyright infringement if the organization follows a detailed list
of procedures.
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A copyright attorney can help schools at all levels more fully understand their intellectual property risks and develop strategies to
allay those risks.
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Managing
Your
School’s
IP
Liabili)es:
Adop)ng
an
IP
Policy
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Every school needs a network or content usage policy. A comprehensive policy will include references to copyright law and will
layout exactly what sort of behavior is and is not permissible on school computers. For example, file sharing through peer-to-peer
networks like BitTorrent should be prohibited, as a school could incur liability if a student engages in copyright infringement using
school property. Similarly, student use of school computers to directly repost or share images or music on the Internet should
generally not be allowed without direct supervision and guidance from teachers.
!
To put this content usage policy into effect, schools should also take the time to train their faculty and administration on the value
of copyright and other IP law. Teachers should, in turn, make students aware of what activity is permissible online. Such a lesson
could tie in the legal boundaries of copyright law with the moral implications of plagiarism and academic integrity. Teachers can
describe when a student can permissibly quote a book in an essay, use someone else’s photograph in a project or play a popular
song during a presentation. Teachers can also explain to students how students can protect their own original work.
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In crafting a comprehensive content policy, schools should rely on the expertise of an intellectual property attorney to help them
understand the nuances of IP law.
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Make
Copyright
Work
for
You:
Mone)zing
Your
Teaching
Materials
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On the flip side, school districts may be able to use copyright laws to generate additional revenue from their curricula. Many
school districts have already taken advantage of their unique curriculum, lesson plans and instructional tools by packaging and
selling or licensing them to teachers around the country.
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While all private schools are probably able to copyright their work, only some public schools around the country will be able to
avail themselves of federal copyright protection. This is because the U.S. Copyright Act specifically does not extend copyright
protection to works created by federal government employees. The law is silent, however, as to the rights of state government
employees, such as public school teachers. Due to this discrepancy, courts have decided that it is up to each state to extend
copyright protection to their government employees.
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Some states, such as California, have taken advantage of this and extended copyright protection specifically to educators within
the state. This means that California school districts can use federal copyright law to protect, license and sell their teaching
materials.
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Teachers who wish to sell their curricula should be careful, though, as the school district may actually own the rights to any work a
teacher creates while he or she is on the job. An attorney can help determine copyright ownership and draft effective licensing
agreements that can generate value for all parties involved.

3. !
Gagnier
Margossian
LLP
provides
comprehensive
intellectual
property
and
digital
strategy
counsel
for
school
districts.
For
more
informa)on,
contact
consult@gamallp.com
or
call
us
at
415.766.4591.
!
!
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