I can hear it? Can I use it? Copyright: Audio What are our rights? Natasha Smith Marie Webb March 10, 2016 Audio Copyright Workshop for Teachers

What is the Copyright ? Copyright provides legal protection for original works. These works include poetry, movies, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography and architectural design.

Who has rights and what are they? ▪ Copyright holders, and those they authorize, have several rights afforded to them. Public display or performance of work Reproduce the entire work or parts of it. Distribute copies of the work. Derive works, such as translations or dramatizations

WAIT!! What about Fair Use? Fair Use allows copyrighted material to be used under certain guidelines, without the copyright holder’s permission, for purposes such as news reporting, teaching, research, criticism, and parody. Fair Use consideration includes 4 factors. Purpose and character of use. Amount of work to be used. Nature of the work. Effect of any use on the market for the work.

Audio Copyright The Audio Home Recording Act of 1992 (AHRA) enabled the release of recordable digital formats.

What can teachers do under the Audio Copyright? They can make copies of copyright protected sound recordings. The reproduction is permitted so long as the copy is made for the consumer’s/ teacher’s personal and noncommercial use. It must also be made from a legally obtained sound recording. This means the consumer/teacher making the copy is using a purchased sound recording he/she is copying. These laws also include requirements that the manufacturers of the media, and/or the recording equipment, pay royalties that are then used to compensate featured recording artists and sound recording copyright owners for the lost sales resulting from this reproduction of their sound recordings.

What can teachers do under the Audio Copyright? Videos and Music You are free to show students and embed any video from YouTube, Vimeo, WatchKnowLearn, etc. In your classroom or on your blog or website as long as it gives you the embed option. You and your students can’t necessarily use parts from videos on YouTube or other sources to make mashups or as part of another video. Be sure to have permission to use any video that you are cutting, making changes to, or adding to a project.

Game Time!! Audio Copyright Scenarios Is it Fair Use or Not?

Scenario ONE A teacher wishes to show a copyrighted motion picture to her class for instructional purposes. Is it Fair Use or Not?

Answer: Fair Use!!! Since it is for classroom instruction and no admission fee is charged. Tuition and course fees do not constitute admission fees.

Scenario TWO A teacher makes a copy of a videotape for a colleague to show in her class at the same time. Is it Fair Use or Not?

Answer: NOT Fair Use!!! No…..The teacher may lend her personal copy of the videotape to a colleague for this purpose.

Scenario THREE A teacher or student creates a presentation and incorporates copyrighted music into the background. Assume that permission was not obtained to use the music for the presentation. Can the music be included in the teacher's or student's initial presentation? Is it Fair Use or Not?

Answer: Fair Use!!! Yes. This is fair use if instruction is occurring.

WorkFair UseViolation Music Clips used in a multimedia presentation may be 10% of a composition. Copyright and credits provided. Multiple copies prohibited. Broadcast television shows This does not include cable Single copy of broadcast may be made, but shown to multiple teachers. Copy should be shown during the first ten days from air date, up to forty-five days after recording date. Copyright notice required. PBS offers extended recording rights of up to one year on most programs. Cannot be altered. Multiple copies prohibited. Video The material must be legally acquired or purchased by the school. Must be for instructional classroom use, not entertainment. Clips used in a multimedia presentation may be 10% or three minutes, whichever is less. Copyright and credits provided. Multiple copies prohibited. The video must be a legal copy, not rented or bootleg. Copyright and Fair Use Cheat Sheet for Audio FOR teachers

Teacher Resources: Pics4Learning: a site that has donated images for teacher and student use. Pics4Learning Flickr: an excellent source for images, with a specific search for those with CC licenses. Flickr Blip.tv: a video hosting website, which allows users to search by CC license. Blip.tv The Freesound Project: an extensive database for sounds either generated or field recorded, that have CC Sampling Plus Licenses. The Freesound Project SoundBible.com: the “Encyclopedia of Sounds,” allows users to make requests of the online community and contains royalty free sounds effects that are either in the public domain or have CC Attribution licensing. SoundBible.com.