NAMTC Presents: Copyright Policies: Keeping Up With The Law

Copyright Timeline 1909Original Copyright Act 1976Copyright Revision Act (Title 17 of the U.S. Code) 1981Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes

Copyright Timeline 1990 Computer Software Rental Act 1996 Fair Use Guidelines for Educational Multimedia 1998 Sonny Bono Copyright Term Extension (amended Section 301) 1998 Digital Millennium Copyright Act (DMCA) (H.R. 2281)

Copyright Timeline 2002 The Technology Education and Copyright Harmonization Act (TEACH) (H.R. 2215) 2004 Individuals with Disabilities Education Improvement Act of 2004 (Section 306 amends section 121 of the Copyright Law) (P.L )

Copyright Timeline 2004 Satellite Home Viewer Extension and Reauthorization Act of 2004 (contained in Consolidated Appropriations Act, 2005) (P.L ) 2004 Copyright Royalty and Distribution Reform Act of 2004 (P.L )

Copyright Timeline 2005 Family Entertainment and Copyright Act (P.L ) 2006 Copyright Royalty Judges Program Technical Corrections Act (P.L ) H.R. 1036

Copyright Timeline 2006Six exceptions to the DMCA’s prohibition on circumvention of technological measures, October 28, 2006-October 27, 2009

Copyright Timeline 2007Greenberg II corrects the error of Greenberg I (Complete National Geographic CD-ROM set)

Copyright Timeline 2007Reid Copyright Amendment to Higher Ed Bill 2007Computer & Communications Industry Association’s FTC Gambit

Why Have a Copyright User Policy? Required by Federal Law in order to qualify for the exemptions benefits in… a.The TEACH Act…Public performance/public display exemption covering distance learning, Sec. 110 (2)(D)(I) b.The DMCA…Service provider limitation on liability, Sec. 512(9)(A) and Sec. 512(h)(1)

Why Have a Copyright User Policy? Help teachers, administrators, students and parents understand copyright law is good educational practice. School districts need to identify proper- and improper-uses of copyrighted works, especially music and media on school and service agency equipment.

Why Have a Copyright User Policy? Failure to provide proper instructions can result in contributory liability on the part of the school or educational service agency.

Keys to a Proactive Copyright Policy Explain the need Define the rights Teach copyright judgment Enforce your policies Keep a record and be prepared to report and defend your results

Copyright Liability has three parts… Direct Liability (things one does oneself) Contributory Liability (helping someone else infringe a copyright by providing assistance in terms of direction, physical goods that aid, e.g. a computer) Vicarious Liability (being legally responsible for the acts of another, e.g. employer- employee)

State Immunity The issue of a State institution’s copyright liability is subject to a legal question after two U.S. Supreme Court rulings dealing with the issue of an exemption under the 11 th Amendment (state immunity) in connection with patents and trademark cases.

Board Liability The Board of Directors may bear liability as a contributory infringer if materials are used under its direction.

Copyright Compliance Warnings should be placed on any equipment used for copying, such as: Photocopiers Computers Scanners Recorders CD Burners

Sample Compliance Warning Notice: Warning Concerning Copyright Restrictions The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or other reproduction is not to be “ used for any purpose other than private study, scholarship, or research. ” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “ fair use, ” that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

Sample Compliance Warning NOTICE The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproduction of copyrighted materials. The person using this equipment is liable for any infringement.

Notice Requirement DMCA requires a library include a copyright notice on copies made. The notice should include: The word “copyright,” abbreviation or symbol The name of the copyright holder The year of first publication

An Effective Copyright Policy and Guidelines Should Provide: Clear Administrative support for the enforcement of the policy Specific things to do and not to do regarding performing, displaying, duplicating, repurposing Name or position of a person in the school district or service agency to whom questions should be directed

An Effective Copyright Policy and Guidelines Should Provide Training to explain the policy and demonstrate that the school or agency administration will enforce it Accessible copies of the policy and guidelines for each employee

Beware of Illegal Copies Media Center and classroom collections should hold only legally acquired programming, print materials and music Channel photocopy and other duplication requests appropriately

Review Policies Copyright Policies should be reviewed at least every three years Provide training for employees and teachers on changes that are made

Copyright Costs? The Cost of Copyright Confusion for Media Literacy Study funded by the John D. and Catherine T. MacArthur Foundation,

Basic Copyright Sites Reproduction of Copyright Works by Educators and Librarians, Circular 21 and other governmental publications. Copyright ownership information

Sample Policy Sites University of North Carolina’s policy site University of Georgia Libraries’ policy site

For Music Questions Music Publishers’ Association of the U.S. The U.S. Copyright Law: A Guide for Music Educators

For Specifics A TEACH Comparison Chart faculty.htmwww.utsystem.edu/OGC/IntellectualProperty/ faculty.htm Fair Use Guidelines for Educational Multimedia Computer software copyright issues

Organizations Association for Information Media and Equipment (AIME), a copyright resource organization National Association of Media and Technology Centers (NAMTC)

Presentation Information Betty Gorsegner Ehlinger Executive Director for AIME and NAMTC P.O. Box 9844 Cedar Rapids, IA 52405