1. Copyright Guidelines
Wayne B. Thomas
The Community Idea Stations

2. An important disclaimer
 This presentation is not a substitute
for legal advice. The material presented
is intended to provide a guideline for
classroom teachers who must use
copyrighted materials to effectively
provide instruction.

3. The Copyright Act grants five
rights to the Owner
 The right to reproduce the work.
 The right to prepare derivative works.
 The right to distribute copies.
 The right to perform the work publicly.
 The right to display the work publicly.

4. The Face to Face Teaching Exemption
 The Performance must be given by an Instructor or pupil.
 The Performance must take place at a Non-profit
Educational Institution.
 The Performance must be part of a regular Instructional
Activity.
 The Performance must take place in a classroom or a
similar place devoted to instruction.
 The Performance must utilize a lawfully made copy.

5. Fair Use Statute
Fair Use Statute contains four factors that must be
considered.
 The purpose and character of the use, commercial
nature or is for nonprofit educational purposes.
 The nature of the copyrighted work.
 The effect of the use & value of the copyrighted work.
 The amount and significant portion used in relation to
the copyrighted work as a whole.

6. How does it affect you?
 Penalties and Liability
-Infringer
-Contributory infringer
-Vicarious infringer
 Teachers
-Role models for students
-Responsible citizens
-Fairness to authors of
works

7. How Does Fair Use Help
Educators?
 Balance—copyright owners vs. others’
needs
 Use without permission—must pass fair
use test

8. What is the Fair Use Test?
 Purpose  Amount
-Non-profit educational -Qualitative (borrowing
purposes vs. commercial the “heart of the work”)
usage vs.
 Nature Quantitative (length of
-Creative (movies, music) the original)
vs. factual (text)  Effect
-What kind of effect will
it have on the market?

9. Media
 You may utilize in the
classroom if… – Shown in a place
– Viewing must be in the devoted to instruction
course of face to face – A legitimate copy
instruction – Limited to students
– Meets instructional enrolled in the class or
objectives course
– Not for entertainment
or reward

10. Scenario 1
A high school English teacher wants to
show the videotape of Romeo and Juliet
to her class. The videotape has a label
which says, “Home Use Only.” Can she
show the tape? Why or why not?
A. Yes
B. No

11. Fair Use—Audiovisual
Yes, as long as the conditions are met for
the performance:
 For face-to-face instruction
 Meets instructional objectives
 Not for entertainment, or reward
 Show in a place devoted to instruction
 A legitimate copy
 Limited to students enrolled in the
class/course

12. Scenario 2
Can the movie Pocahontas be played in the
auditorium as part of a field day activities
with a history theme? This will allow the
teachers to get areas set up for the event.
A. Yes
B. No

13. Fair Use--Audiovisual
No, it does not meet the following
requirements:
 For face-to-face instruction
 Meets instructional objectives
 Not for entertainment, or reward

14. It is never acceptable to…
 Make an anthology or collection from clips or
excerpts.
 Transfer the work to another medium—film to
video, or video to computer disk except in
cases of obsolete media.
 Use a program for recreation or reward without
acquiring performance rights.
 *If a tape is not in a standard commercial case
or is obviously retaped,the tape is not legally
acquired.

15. Rental
 Use only if:
– Have informed copyright holder of intended
use
– For instructional purposes with one class
– Follow face-to-face teaching guidelines
– NOT FOR ENTERTAINMENT!!

16. Off-Air Recording
You may:
 Record and retain for a period not exceeding 45 calendar
days after date of recording. Tape must be erased/destroyed
after 45 day period.
 Show to students only within the first ten school days of the
45 day retention period and may only be shown twice.
 Off-air recordings may be made only at the request of/use by
a teacher.
 A limited number of copies may be made
 Check educator’s guides for program-by-program rights for
cable.

17. PBS Extended Educational
Rights
 Utilize program as
often as needed for
instructional
purposes during
rights period.
 Go to www.pbs.org
for rights for
specific PBS
programs

18. Scenario 3
A teacher tapes an episode from the series
Between the Lions. This is a PBS program,
but not an ITV program. She shows it to
students in the morning as they wait for the
rest of the class to arrive from breakfast. Is
this an acceptable use?
A. Yes
B. No

19. PBS Programs
No, it does not follow the fair use guidelines
for off-air recording. It is being used for
entertainment rather than for instructional
purposes. To use it in this manner, it
would be shown as a live broadcast rather
than taped.

20. Instructional Television
Programming
 May be recorded at
school or at home.
 Classroom use
September-May or
unlimited use for
specific programs.
 Additional copies made
for schools.
 Rights for playback in
in-house system.

21. Scenario 4
A teacher tapes Introduction to Living Cells,
which is part of the ITV series “The Cell
Biology Resource,” in October. She wants
to show it to her class in May when they
will be studying cells. Is this acceptable?
Why or why not?
A. Yes
B. No

22. Instructional Television
Yes, schools have unlimited classroom use of
ITV programming for the school term.

23. Multimedia
 Integrated presentation
– Student or educator original
material
– Copyrighted media
• Video
• Music
• Text
• Graphics
• Photographs
• Software
Multimedia Guidelines Website
http://www.libraries.psu.edu/mtss/

24. Multimedia Guidelines
 Permitted Use:
– Face to face instruction
– Students’ directed self-study
– On school’s secure electronic network for
classroom use
– Educational workshops or conferences
• Anything utilized must be cited!!
• Display copyright information
• Statement—under fair use, restricted from other uses
• “Work contains copyrighted materials under the fair use
exemption act.”

25. Guidelines Continued…
 Time
– May retain and utilize for up to 2 years
– In future, must retain copyright permission.
– For students, must be enrolled in the class (for
class use only)

26. Copyrighted Tips
 Motion media (film, video, television)—up to
10% or 3 minutes, whichever is less
 Text (prose, poetry, drama)—up to 10% or
1000 words, whichever is less, of a novel, story,
play, or long poem.
 Short Poems—less than 250 words—may be
used in their entirety
 Music, lyrics, & music video—up to 10%, but
not more than 30 seconds from a single work
 Illustrations, cartoons, and photographs—may
be used in its entirety but only if no more than 5
images from a single artist or photographer are
used in a multimedia work.

27. “If uncertain, ask…..”
 Apply for copyright
permission
 Contact the U.S.
Copyright Office
 Consult school division
copyright policy/school
district attorney
 Research reputable
copyright websites

28. Thank You!
Association of Information
Media
420 Academy Drive
Northbrook, Ill 60062
Beck & Tysver, P.L.L.P.
1011 First Street South Suite
440
Hopkins, MN 55343