Copyright In Education

Can You “Copy” That? Copyright and How It Should Be Applied In School Settings STEVEN W. ANDERSON DISTRICT INSTRUCTIONAL TECHNOLOGIST DEPARTMENT OF MEDIA/TECHNOLOGY STOKES COUNTY SCHOOLS

What Is Copyright? Copyright is a form of protection provided by the laws of the United States, (title17 U.S. Code), to the authors of “original works of authorship” including literary, dramatic, musical, artistic, Almost everything created privately and originally after March 1, 1989 is copyrighted and protected whether it has a notice

U.S. Constitution, Article I, Section 8 Patent and Copyright Clause The Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries …

What is NOT Copyrighted? §

Logical, comprehensive compilations, (such as the telephone book).

§

Materials or reprints of materials in the public domain, (all prior to 1923, most between 1923-1963). Additional information at http://www.unc.edu/~uncing/public-d.htm

§

Most U.S. government materials, (some items created by contractors for the government might be copyrighted).

What is Fair Use? Sec. 107 of the Fair Use Provision of the Copyright Act states: “Limitations on exclusive right: Fair use. Notwithstanding the provisions of sections 106 and 106A, the fair use of copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, (including multiple copies for classroom use), scholarship or research, is

Fair Use The law offers four factors to evaluate and balance in any determination of fair use:    

The purpose of the use, including a nonprofit educational purpose; The nature of the work; The amount of the work copied; The effect of the copying on the potential market for, or the value of, the original work.

From: Copyright Essentials for Librarians and Educators,

The “Fair Use Guidelines to Educational Multimedia” help us know how much to use... Use the smallest amount of:

Motion Media T ext Poet ry Music and Lyrics Photos and Illustrations Numerical Data Sets

Audio Example 

Here is an example of how much audio is permissible for educational use under Fair Use

http:// imagecache2.allposters.com/images/pic/VAS/0000-3882-6~Little-Red-Riding-Hood-Pos Sam Sham and the Pharaohs-Lil’ Read Riding Hood- 1965

Penalties For the unauthorized use and copying of any copyrighted material, penalties include: q Fines up to the actual amount of damages to the copyright holder, or q Statutory damages up to $100,000 per infringed work where the court finds there was willful infringement. q And if guilty under the criminal sections of the law: v Up to one year imprisonment and/or v Fines up to $25,000.

Giving Credit to the Author/Creator 

Always credit the author: Ø On the “Works Cited” page of your report or presentation – include (if available): vThe author’s name vThe title of the work vThe publisher vThe place and date of publication Ø List the copyrighted information underneath any copyrighted images. Example copyright 2009 Author’s Name

Giving Credit to the Author/Creator 

From copyrighted works from a Web site, include: Ø The author’s name Ø The title of the work Ø The name of the site Ø The date it was posted on the Web or revised Ø The date you obtained the work from the Web Ø The Web site’s address (URL)

Copyright Quiz

Question 1 

The owner of the local Blockbuster Video store supports the school by donating one free videotape rental to the school every Friday. The video is shown in the multipurpose room to reward students with perfect attendance that week. This is fair use. False

“Entertainment” and “reward” are explicitly excluded under copyright guidelines. To show a movie for entertainment purposes, you must obtain a version from an authorized distributor who can license you to show it.

Question 2 

A history teacher taped the original ABC News report showing Richard Nixon leaving the White House when he resigned. She made it at home on her personal VCR and used her own tape. She uses the entire news program every year in her classroom. This is fair use.

False

Congress holds that videotapes of publicly broadcast shows can only be shown for 10 days afterwards unless the copyright holder allows greater allowance for education. The time has long passed when she should have asked permission or purchased the tape.

Question 3 

A student finds a photo online dramatizing a pre-Columbian Viking landing in America. Since the school symbol is the Viking, he uses this photo as a graphic element on the school’s Web page—giving credit to the site from which it was copied. This is fair use.

False

Internet pages are copyrighted automatically. The student cannot safely post (and therefore re-copyright) anything for the general public without permission even if credit is given. Use in a classroom report would have been okay.

Question 4 

A high school video class produces a student video yearbook that they sell at a community event to make money for equipment for the school. They use well-known popular music clips. The money all goes to the school and the and the songs are fully listed in the credits. This is covered under fair use.

False

This is not instructional use. The fact that money is being charged is irrelevant: The problem lies in the use of copyrighted materials for non-instructional purposes.

Question 5 

A student building a multimedia art project uses copyrighted images of Frank Lloyd Wright buildings downloaded from the Web. He submits this project to a multimedia competition honoring classroom work and wins a prize for the school. This is covered under fair use.

True

The competition was expressly designed for classroom work by students. If the resulting projects were distributed on CD-ROM or posted at a Web site however, the copyrighted works could become a problem.

For Staff Development 



This presentation can be found on Slide Share, a presentation sharing website. Use this presentation when talking to your staff about copyright and fair use or if you need a reminder about what you can do and what you can not do. http:// www.slideshare.net/steven.anderson/copyrig

Tips For Teachers-Adding Audio 

To add audio to your presentations follow these simple steps:  Remember,

audio files must be in WAV or MP3 format to be added to Power Point Presentations.  From the Insert Menu Choose Sounds  Here you can sounds from a file, a sound from the clip organizer, sounds from CD or sounds captured from a microphone connected to your computer.  Remember to follow Fair Use Guidelines

Works Cited 



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US Copyright Office, (2009,01,27). US Copyright Office. Retrieved February 3, 2009, from US Copyright Office Web site: http://www.copyright.gov/ Tysver, Daniel A. (2008). Fair Use In Copyright. Retrieved February 3, 2009, from Bitlaw Web site: http:// www.bitlaw.com/copyright/fair_use.html University of California, (2003,02,26). Fair Use-UC Copyright Website. Retrieved February 3, 2009, from University of

NCSCOS Objectives 

Information Skills-Each grade-level (K-12) has an objective for following copyright. Below are examples from elementary, middle and high.  Third

Grade 4.06- Comply with copyright

law.  Seventh Grade 5.06- Apply fair use copyright guidelines.  Ninth Grade- 4.08- Credit all sources of information.

Reactions 



I gave this presentation to all school district directors and principals on the morning of Feb. 3, 2009. Overall the reaction was positive. I think the thing that was surprising was what they did not know, including the Superintendent who was surprised to learn the limitations of Fair Use. I believe when I do this presentation for teachers I will include more examples of what is acceptable and what is not. (I did