Copyright and You!

What is Copyright? … A property right granted to authors, the purpose of which is to advance the public welfare by promoting artistic and scientific progress. Author’s creations are considered Intellectual Property.

Why do I need to know about this? Most important to you is the liability factor that this law provides.

Copyright and Educators Educators have the right to perform or display copyrighted works in the classroom for the purpose of face to face instruction. Educators do not have the right to perform or display copyrighted materials for entertainment. All performances and displays must have instructional goals and outcomes.

Photocopying: single copies Teacher/Classroom use A chapter of a book An article from a periodical or newspaper A short story, short essay, or short poem of 250 words or less A chart, diagram, cartoon, or picture from a book, periodical, or newspaper

Photocopying: multiple copies teacher/classroom use A complete poem if less that 250 words An excerpt from a longer poem, not to exceed 250 words A complete article, story or essay of less than 2500 words Excerpt from a larger article, story or essay not to exceed 2500 words or 10% of the whole, whichever is less One chart, graph, diagram, picture per book or periodical issue Special works containing prose, poetry and illustrations, but limited to no more than 10% of the total

Limits to preceding photocopying: teacher/classroom use Copying is made for one course only One work from a single author No more than 3 authors from a collective work No more than 9 instances of multiple copying in one term Copying does not replace or substitute for anthologies Same item not reproduced term to term No charge is made to students beyond actual photocopy cost No copying of consumable works, i.e. workbooks, standardized tests, etc

Videotaping for Classroom use: Off air taping Satellite / cable Programs must be used directly for instruction Program may be kept 45 days,must be used in the first 10 days. Taping is done only at request of teacher Program may not be edited Requires permission of copyright holder Permissible when copyright holder offers rights (ex. C-span) Programs may be taped from cable that may also be received on local open air broadcast stations Payment of appropriate fees for broadcasts, if applicable

Using videotapes: “Home use only” On closed-circuit Purchased videos may be used for direct instruction only, not entertainment Rental videos follow the same directive BUT may not be used if a contract with rental agent limits the rental to ‘home use’ Libraries may acquire and loan videos Videos purchased by the school with closed circuit rights Simultaneous transmission of live broadcasts Most instructional programs purchased from instructional production companies Most programs provided by state department of education or library boards

Off-air Videotaping Guidelines Off-air means delivered thru antenna, not cable…not satellite, i.e. CBS, NBC, ABC, PBS Rights are only for educational institutions, not individuals Programs may be held for 45 days, and must be shown within the first 10 days Programs may be recorded once for the same teacher Copyright notice on the recorded program must appear Advertising may be edited, but nothing in the content can be changed or altered. Taping occurs only at request of an individual teacher

CCTV – Closed circuit TV Use Programs shown must state the CCTV use is authorized Programs must be used for face to face instructional purposes The following are permissible: any original work, Cable in the Classroom programming, simultaneous transmission of any live broadcast.

Computer Software Guidelines All computer programs must be legitimate copies Copies cannot be made, given or received You may make adaptations to a program in order for it to work on your hardware configuration It is permissible to make one archival copy or stored preservation copy A license must be obtained and filed for each instance of use of a program in a building.

Multimedia Production Fair Use Guidelines Multimedia is defined as a product composed of the combined use of several media with the aid of a computer or played with the aid of a computer. Student multimedia productions: May be produced and displayed only in the course May produce a product to meet a course requirement. May be used in a Portfolio as evidence of academic work.

Multimedia Production Fair Use Guidelines Multimedia is defined as a product composed of the combined use of several media with the aid of a computer or played with the aid of a computer. Educators multimedia productions: May be used as an instructional device Must deal with curriculum-based instruction May not be published on the Internet, but may be used on a LAN May be kept up to 2 years, no more than 2 copies may be made

Multimedia Portion Limitations from various sources Motion media – 10% or 3 minutes per use, once per semester Text – 10% or 1000 words, whichever is less Poem – a poem or excerpt of 250 words or less, no more than 3 excerpts from a single poet Musical – Not more than 10% or 30 seconds in clip length Illustrations or photographs – 15 images, no more than 5 from a single artist Numerical data sets – limited to no more that 2500 fields For more information go to:

Copyright Guidelines for the Internet ASSUME that ALL materials on the Internet are copyright protected! Fair use guidelines pertain to all Internet materials Properly cite all Internet resources, for guidance go to: Anything, i.e. web page, published to the Internet is automatically copyrighted Web capturing software, i.e. Web Whacker, used in the course of face to face instruction is permissible

Online Sources: Copyright Copyright Information of Interest to Educators: Copyright Resources on-line: Fair Use Policy: Fair Use Guidelines for Educational Multimedia: Library of Congress Homepage: Copyright Sites:

QUESTIONS? If you are unsure about it, don’t do it!