Education and Copyright Laws What every teacher should know Deidra Fisher

What is copyright infringement? Act of violating a copyright owner’s exclusive rights granted by Copyright Act without seeking permission or paying royalties Infringing on copyright can result in: Damages to the holder of the copyright from $200-$150,000 Attorney fees and court costs Impounding of illegal works Stain on your or your school’s reputation

If it’s for education, why does it matter? Copyright protects intellectual property so that the creator gets the credit and royalties Authors, filmmakers, artists, musicians, scientists, and other professionals have the right to control use of their work As educators we must set an example for students of integrity, respect for others’ work and adherence to the law

Examples of copyrighted materials Copyrighted materials typically used in classroom instruction include things such as: Music Printed texts (articles, book chapters, workbooks) Images (photos, maps, graphs, slides) Videos When teachers use copyrighted materials, copyright notice must be included on any reproductions

What is “fair use”? Limitation on the exclusive rights of copyright holders Allows consumers to make a copy of part or all of a copyrighted work without permission from copyright holder Courts allow “fair use” when it is socially beneficial: News reporting Commentary/criticism (i.e film reviews, literary criticism) Teaching Scholarship/research

Using copyrighted video in the classroom Nonprofit educational institutions can record TV programs from network and cable stations Tape can be kept for 45 days, but shown only during the first 10 consecutive school days after it is made If teacher wants to maintain the tape in the curriculum, he/she must obtain permission from copyright owner Teachers cannot make a standing request to record each episode of a series Limited number of copies can be made Tape cannot be altered

Using copyrighted music Music teacher can make copies of EXCERPTS of sheet music or printed works that DO NOT contain the whole song, section, movement or aria No more than 10% of the whole work may be copied and only one copy per student Students can make a single recording of a performance for evaluation or rehearsal and give a single copy to teacher Teacher or school owning a sound recording (tape, disc, etc.) can make one copy of that recording to conduct aural exams

Using copyrighted text reproductions Teachers can make photocopies (one per student) of the following: A complete poem if less than 250 words or an excerpt of no more than 250 words from a longer work A complete article, story, or essay if less than 2,500 words or an excerpt from prose work of no more than 1,000 words or 10% of the work, whichever is less One chart, graph, diagram, drawing, cartoon, picture per book or periodical issue Copying cannot be used to replace textbooks, workbooks or standardized tests Idea to make copies must be from teacher not administration

Copyright and electronic media Students may use portions of lawfully acquired works in their multimedia project with proper credit and citations Students and teachers must include statement that their presentation conforms to fair use regulations Teachers’ multimedia productions which include copyrighted materials are considered fair use if they are for: For face-to-face curriculum instruction Demonstrations on how to create multimedia productions Presented at conferences (no copies can be shared) Remote instruction if distribution is limited Kept for 2 years or less

Examples of fair use in action History teacher may show portions of the movie Gone with the Wind to illustrate certain points about the Civil War, but not as a reward for good grades on the previous exam English teacher can photocopy an excerpt from a book related to course content, but may not photocopy different chapters of the same book during each class session so that students do not have to buy the book Teachers may compile a coursepack of readings for students with permission from copyright holders, but may not simply make photocopies of various works and compile them for distribution in the class

Where to get the details… Complete description of fair use for video, music and texts is available at http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overvi ew/chapter7/7-b.html#2 Permissions process for using copyrighted works is available at: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overvi ew/chapter1/1-b.html