Copyright in Schools Shannon Mersand, MLS Summer 2009

Fair(y) Use

Why? Why do we need to be aware of copyright guidelines?  Because we want to teach our students to be responsible citizens, and the best way to do that is to model the desired behavior Why do we have copyright law?  Because the government felt that the creators of works have the right to be compensated for their efforts

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 This protection is available to both published and unpublished works.

Copyright means… Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following  Make copies  Make derivatives  Sell, rent or lease the work  Perform Publicly  Display the work publicly

What does it apply to? Everything!  Books  Music  Websites  Movies  … A work does not have to have the copyright notice or be registered to be covered

Public Domain? A work in the public domain can be copied freely by anyone A work goes into the public domain when the copyright has expired OR was created by the government

How long does copyright last? Created after 1978 = Life of author +70 years Created and first published = 95 years (all will expire by 2073) Created and published = 28 but can be renewed for another 67 (so, if not renewed, these all expired in 1978, if renewed, they will expire in 2045) Created and published before 1923 = no copyright issued

Public Performance You may see a notice on your video that states:  This film is for home use only. Public performance is prohibited…… Most videos are not intended for a Public Performance, which means showing to a large audience that has more than your immediate family and friends  You can get a special license which allows public performance of specific video. This is VERY expensive!  When your PTA has movie night….that’s illegal

What is Fair Use? Fair use allows for the limited copying and distribution of a work without permission It most often refers to quoting a work or making a few copies for a lesson

So since I’m a teacher, it doesn’t matter Actually, it does matter! There are no hard and fast rules – There are, however, some guidelines

Printed Material I can copy  a single chapter from a book  an excerpt from a work that combines language and illustrations, such as a children's book, not exceeding two pages or 10 percent of the work, whichever is less  a poem of 250 words or less or up to 250 words of a longer poem  an article, short story, or essay of 2,500 words or less, or excerpts of up to 1,000 words or 10 percent of a longer work, whichever is less; or  a single chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. I can’t  make multiple copies of different works as a substitute for the purchase of books or periodicals  copy the same works for more than one semester, class, or course  copy the same work more than nine times in a single semester  use copyrighted work for commercial purposes  use copyrighted work without attributing the author.  create "anthologies"  copy workbooks and other works meant to be used once by one student  copy if directed by higher authority  copy more than one or two excerpts from a single author during one class term

Video (for viewing) I can  Make a copy for archival purposes or to replace lost, damaged or stolen copies  Use the video in the classroom for instructional purposes I can’t  Make a copy to share with another classroom teacher  Show a video for entertainment purposes, or as a reward.  Show a video to a whole school  Use a Bootleg version for any reason

Video (for projects) I can  Use 10 percent or 3 minutes (whichever is less) of a motion media in my project I can’t  Use bootleg or copied versions of a motion media in my project  use copyrighted work without attributing the author.

Illustrations and Photographs I can  Use up to five images from a single artist  Use up to 15 images (or 10 percent, whichever is less) from a collection of artists I can’t  Use more than 5 images from a single artist  Use more than 15 (or 10 percent, whichever is less) from a collection of artists  use copyrighted work without attributing the author.

Television I can Record a program from TV IF  program is used for instructional purposes, or face-to-face teaching, not for entertainment or filler  program is requested by a teacher  program is shown once and repeated once per class by individual teacher during first 10 consecutive school days after broadcast  program is not retained beyond 45 calendar days  program is recorded in its entirety (need not be used in its entirety)  after first 10 consecutive school days, program is used only for evaluation by teacher I can’t  videotape in anticipation of requests  retaining a program longer than 45 days  show a program after ten days  show for motivation, filler, or entertainment purposes  tape a program at home, use in the classroom, and subsequently retaining in personal collection

Music for Projects I can  Use up to 10 percent of a copyright musical composition (either recorded or performed) I can’t  Use music for personal gain  Use more than 30 seconds per musical composition  use copyrighted work without attributing the author.

Sheet Music I can  Make emergency copies for performance provided copies are later purchased  Copy, for study or teaching, single or multiple copies of excerpts IF excerpts do not constitute a performable unit such as a movement or aria or more than 10 percent of the work  edit purchased copies for simplification IF character of work is not changed lyrics are not changed  Make a single copy of performances by students made for evaluation or rehearsal purposes  Make a copy of recording for purposes of aural testing  Copy a portion of commercial music played as background in student media production I can’t  copy for performances  copy to create anthologies  copy to avoid purchasing  copy but excluding copyright notice  performing a work without a license or paying royalty fees  Make more than one copy per student for any reason

The Internet The Internet should be treated like any other print work. It is NOT in the public domain, despite the fact that most of what you see is free to view. You MAY NOT freely copy things you see on the internet and re-use them.

Some helpful resources for educators Copyright Guidelines from Jeffco Public Schools United States Copyright Office The Educator's Guide to Copyright and Fair Use from Education World Taking the Mystery out of copyright The Library of Congress Copyright- An Interactive Adventure for Kids Copyright for Teachers and School Librarians

Reflection How will you use this information in your classroom next year? How will you address plagiarism with your students? Will you change your practices based on what you learned about copyright today?