“Ethical Responsibility in Schools” ©Jane Smith February 2012 Copyright Compliance

What is copyright? “Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.” {Assume all works created after 1978 are protected by copyright} U.S U.S- U.S.Copyright office

Why be concerned with copyright compliance? Respect intellectual rights of creators of information Reward creativity of authors, artists, musicians, etc. Legal mandate Model proper behavior for students, teachers, and other members of educational community Simpson, Carol. Copyright for School Libraries: A Practical Guide. 4 th ed.

Information Literacy Standards for Student Learning I.Inquire, think critically, and gain knowledge. II.Draw conclusions, make informed decisions, apply knowledge to new situations, and create new knowledge. III.Share knowledge and participate ethically and productively as members of our democratic society. IV.Pursue personal and aesthetic growth. Standards for the 21st-Century Learner American Association of School Librarians. AASL

Penalties and Liabilities Free Microsoft Clip Art

Types of infringement Innocent infringement: “Teacher reads in a journal that in item has fallen into public domain and makes copies. In truth, the journal confused two items of similar title.” Standard Infringement: “Librarian makes copies of an article for class many months in advance without making any attempt to contact the copyright holder and obtain permission.” Willful infringement: “Principal asks permission to reproduce copies of a journal article for the faculty and is denied. He makes the copies anyway without a reasonable basis to believe he didn’t need permission.” Simpson. Copyright for School Libraries: A Practical Guide. 5 th ed.

Who’s Liable? Classroom Teachers Librarians Technicians Principals Curriculum Coordinators Superintendents Boards of Education Simpson, 2010.

Indirect Liability Contributory (Librarians) Checked out equipment Checked out resources Vicarious (Librarians, Administrators, Others) Knew of infringement but did not report it Simpson, 2010.

“…but I didn’t know!” Called “Innocent Infringement” Occurs when infringer was unaware that material was copyrighted No excuse if work properly displays copyright © notice Since 1976 all works considered copyright protected Simpson, 2010.

Fines Actual: financial damages suffered Statutory: set by law Fines range from $750-$30,000 per infringement Intentional/statutory: $150,000 per violation In 1992, software copyright was raised to felony status with fines up to $250,000 Simpson, 2010.

Fair Use The law—Title 17, United State Code, Public Law , 90 Stat. 2541, as amended—gives citizens special exceptions… Fair Use has certain aspects that apply to everyone and others that apply only to certain classes of use, such as use in nonprofit schools Factors considered shall include: 1. The purpose and character of the use, including whether such use is of commercial nature, or for nonprofit educational purposes. 2. The nature of the copyrighted work; 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. The effects of the use upon the potential market for a value of the copyrighted work (17 §107). Simpson, 2010.

Fair Use Misconception #1—Schools can use any copyright protected materials they wish because they are schools. Misconception #2—Using materials is OK if you don’t make a profit. Misconception #3—Promoting someone’s work by distributing copies is justification for free use. Misconception #4—Materials used “for the good of the kids” absolves on of copyright liability. Simpson, 2010.

Fair Use Education Exemption - but… Not free license to copy anything you want Cannot copy in place of purchasing Cannot copy in anticipation of a request Allows for spontaneity of use Simpson, 2010.

Fair Use Does not allow use of commercial videos for re-enforcement, entertainment, or reward without paying public performance rights fees in advance Simpson, 2010.

Print Resources Guidelines

One chapter from a book One article from periodical or newspaper Short story, short essay, short poem a Chart, a Graph, a Diagram, a Drawing, a Cartoon, a Picture from book, a Periodical article, a Newspaper article. Simpson, 2005.

Portion- 1 chapter of book Short article Short story, short essay, short poem Chart graph diagram drawing cartoon picture from book periodical newspaper Free Microsoft clip art

Copy “to create or to replace or to substitute for anthologies, compilations, or collective works.” Copy from consumable products Copy to substitute for purchasing resources Copy at direction of superior, i.e. principal Copy same item each semester Simpson, A teacher may not...

only one copy of each item per student is made (classroom set) each item copied is for classroom discussion each copy includes a notice of copyright each item meets the three tests for copying... Simpson, A teacher may make multiple copies for classroom use if...

Three tests for copying Brevity Spontaneity Cumulative effect Simpson, 2010.

Commercial videos/DVDs (movies) Cannot be used for reward or entertainment Free Friday During testing Rainy-day Recess Field Day Free movie night Simpson, 2010.

Commercial videos/DVDs (movies) Must be used as part of face-to-face instruction Must be documented in lesson plans, showing how the video supports goals and objectives of lesson plan and what learning activities are associated with the viewing of the video Must be a true and legal copy Simpson, 2010.

Commercial videos/DVDs (movies) Can be rented from video rental store or public library Borrowed from a student Owned by the classroom teacher Purchased by the school Simpson, 2010

Must be used as part of face-to- face instruction Must be documented in lesson plans Must support goals and objectives of lesson plan Must be a true and legal copy Simpson, 2005.

Good Rule of Thumb Consider any program on regular networks, e.g. ABC, CBS, NBC to be restricted clearance Simpson, 2010.

Recording may not be made in anticipation of a request by individual teachers Recording must include ©copyright notice on the broadcast program as recorded Simpson, 2010.

Three things to consider when using videos for instruction…

Consider the educational value of any video Preview before use Videos are not crowd-control devices Simpson, 2010.

Computer software Single User Lab packs Network license Site license Cloud software

Don’t copy that floppy, CD or DVD! Don’t install single-user license on more than one workstation Careful w/flash drives Remember!

Student Use Students may use copyrighted works in multimedia projects Students may perform and display multimedia projects for academic assignments Students may include their multimedia projects in electronic portfolios for assessment purposes Simpson, Multimedia Projects

Teacher Use Faculty may incorporate copyrighted works into multimedia creations to create multimedia curriculum materials Faculty may demonstrate multimedia creations at professional conferences and retain for professional portfolios Time limit on fair use - 2 years from completion of work Simpson, Multimedia Projects

Best practices Invest in clip art, music, video clips created especially for multimedia projects because they are copyright free Use royalty-free images, music, etc., available on Web Simpson, 2010.

Using Internet Materials… WIKIS PODCASTS SKYPE WEBCAMS BOOKMARKING YOU- TUBE SOCIAL NETWORKING CHAT ROOM

Unless specifically stated, everything is copyright protected Fair Use guidelines apply May not take print, images, etc., from Internet sites and re-post on Internet site May post on a protected school/district intranet Simpson, 2010.

Copyright Notice Laws of the United States (Title 17, U. S. Code) post near copiers

VOLUME I: GENERALFILE: IFBG REPRODUCTION OF COPYRIGHTED MATERIALS The following guidelines shall govern the reproduction of copyrighted materials in the School System: Board employees may reproduce copyrighted materials under the provisions of the copyright laws currently in force under Title 17 of the United States Code. Any reproduction of copyrighted materials will be done either with the written permission of the copyright holder or within the bounds of “Fair Use” guidelines provided in the Copyright Act; otherwise, the individual responsible for reproduction may be liable for infringing the copyright under existing laws. The ethical and practical problems caused by the unauthorized copying of any copyrighted materials (printed or video) will be taught to educators and students in all schools of the School System. Tuscaloosa County School Board Policy Manual

VOLUME I: GENERAL FILE: IFBG The Board in recognizing the importance of the Copyright Law of the United States (Title 17, United States Code) hereby notifies all employees that a willful infringement of the law may result in disciplinary action. In the case of a court action for damages, a finding of willful infringement would preclude the Board paying any judgment rendered against the employee and paying any attorney’s fees or costs which the employee would incur in conjunction with a lawsuit and may render the employee liable to the Board for any damages which the Board is liable to pay. Tuscaloosa County School Board Policy Manual

You are not the "copyright police"! Abide by or Establish a copyright policy for your school system Offer your assistance to faculty/ staff to facilitate copyright compliance Conduct annual copyright in-service for faculty/staff Simpson, 2010.

Notify principal of known infractions Can't know everything - But… Can show that you are complying to the best of your ability Redundant communication Simpson, 2010.

Additional Resources American Association of School Librarians. Standards for the 21st-Century Learner American Association of School Librarians. AASL Bielefield, Arlene and Lawrence Cheeseman. Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. 2 nd ed Butler, Rebecca. Smart Copyright Compliance for School U.S- U. S. Copyright office U.S Tuscaloosa County School System Board Policy. Simpson, Carol Mann. Copyright for School Libraries: A Practical Guide. 5 th ed

How much can be used? GUIDELINES

Photos and images - up to 5 works from one author; up to 10% or 15 works, whichever is less, from a collection Database information - up to 10% or 2500 fields or cell entries, whichever is less Simpson, GUIDELINES

Motion images - up to 10% or 3 minutes - whichever is less Text - up to 10% or 1000 words - whichever is less Music - up to 10% or 30 seconds, whichever is less Simpson, GUIDELINES

Managing Copyright

But...

Multiple Copyrights Involved Moving Images: Video, Laserdisc, DVD Still Images: Graphics, Scanned images, Photos, Pictures Music: Tapes, CDs Computer Software: CD-ROM Internet Simpson, 2005.

Compliance Form for Library

VOLUME I: GENERAL FILE: IFBEC-R REQUEST FOR APPROVAL OF AUDIOVISUAL MATERIALS FORM TUSCALOOSA COUNTY BOARD OF EDUCATION Tuscaloosa, Alabama ************************************************************************ NOTE: This review process is to be completed only when the audiovisual is obtained from sources external to the school library or School System and is designed to protect the students, teacher, and School System. SCHOOL: _____________________________________________________________________________________________________ NAME OF AUDIOVISUAL: _______________________________________________________________________________________ OBTAINED FROM (SOURCE): ____________________________________________________________________________________ CURRICULUM OBJECTIVE AND SKILL (EXPLAIN): __________________________________________________________________ ______________________________________________________________________________________________________________ FOLLOW-UP ACTIVITY (EXPLAIN): ________________________________________________________________________________ ______________________________________________________________________________________________________________ DATE TO BE SHOWN: __________________________________________________________________________________________ GRADE LEVEL/AGE: _________________________________________________________________________ COMMERCIAL RATING? ________________PG (GRADES K-12)______PG-13 (GRADES 7-12) I certify that I have previewed the above listed audiovisual in its entirety and request that it be approved for showing to my class(es). SIGNED:_________________________________________DATE: __________________________ TEACHER APPROVED:__________DISAPPROVED:__________ SIGNED:_________________________________________DATE: __________________________ PRINCIPAL June 28, 1991 Tuscaloosa County School Board Policy Manual

Request to tape

Blanket Release

Fair Use of Recorded Television Programming

Recording must be shown during first 10 school days of the 45-day retention period After 45-day retention period, recording must be erased Recording may be made only at request of and used by individual teachers Simpson, 2005.

“Off-air” recording refers programs received with antenna Ten-day Fair Use Guidelines apply Recording may be used once as part of teaching activities All premium channels (received with cable or satellite) are restricted – no recording rights (use Cable-in-the-Classroom programming) Simpson, 2005.