Copyright: How to be a more informed educator By: Kirby Naasz

What is copyright infringement? Copyright infringement can be defined in a number of ways depending on the scenario. In general, it occurs when “a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into derivative work without the permission of the copyright owner. “ (Copyright.gov.)

What are the penalties for copyright infringement? There are a number of penalties depending on the circumstance in which the copy written material was violated. Some examples are: If a person removes or alters any notice of copyright appearing on a copy of copyrighted work they will receive a fine of no more than $2,500. (Copyright.gov) Any person who uploads or downloads works protected by copyright without the authority of the copy right owner is liable for up to $30,000 for each work infringed upon. If willful infringement is proven by the owner then the amount can be increased up to $150,000 for each work infringed. (Copyright.gov.)

The Fair Use Clause and it’s benefits. The fair use clause is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted material for commentary and criticism. The factors that determine if the use of the material is fair are outlined in the copy written laws (Standford.edu.) This allows for students, teachers, and anyone else to use copy written material as long as it is used in a specific context and stays within certain parameters.

Fair use conditions for educators For face to face curriculum based instruction Demonstration of how to create multimedia productions Presented at conferences (but you may not share copies of the actual production.) For remote instruction as long as the distribution signal is limited. Kept for only 2 years (NC Public Schools.)

TEACH Act The TEACH Act expands the scope of educator’s rights to display works in the classroom. “This allows for the educator to show or perform any work related to the curriculum regardless of the medium, face to face in the classroom – still images, music of every kind, movies. There are no limit or permission required” (U Texas.edu.) This means that as long as the material is relevant to what the students are learning, the educator can record or display the material in an educational setting.

Overall what to keep in mind There are some basic guidelines we should all be aware of in regards to how we display certain content whether it be in the education or non-education setting. The next few slides will indicate the copy written guidelines for a variety of tools.

Multimedia Up to 10% of the copyrighted work or 3 minutes are used, whichever is less. Clip cannot be altered in any way. Educators and students must credit sources, giving full bibliographic information when available. Educators and students must display the copyright notice and copyright ownership information if this is shown in the original source. (NC Public Schools.)

Using someone’s words Up to 10% of a copyrighted work or 1000 words, whichever is less. Cite your sources and give bibliographic credit. Poems – Entire poem is less than 250 words. 250 words or less if longer poem No more than 5 poems of different poets from an anthology. Only 3 poems per poet. (NC Public Schools)

Music Up to 10% of a copyrighted musical composition, but no more than 30 seconds. Up to 10% of a body of sound recording, but no more than 30 seconds. Any alterations cannot change the basic melody or the fundamental character of the work. (NC Public Schools)

Film Up to 10% of a copyrighted work or 3 minutes, whichever is less. Clip cannot be altered in any way. (NC Public Schools)

How do I get permission? There are a number of ways in which you can obtain permission to use copy written material. However, it is not an easy thing to do and the steps will vary depending on the work you need to use. If the material is part of a book or a journal: Check the Copyright Clearance Center (CCC). The CCC is a case by case permission service. If the work you wish to use is used by the CCC you can get permission immediately. If you know the author/publisher, you can contact them directly. (U Texas.edu.)

Research Papers/Projects In short, always make sure you cite your sources and provide credit to the copyrighter. Keep in mind all of the guidelines stated in the previous slides when compiling a research paper or project. Correct: “John went to the bank yesterday” (Naasz, 5.) Incorrect: “John went to the bank yesterday.” or John went to the bank yesterday.

Things to keep in mind when posting items on a website. Many assume that everything posted on the internet is public domain. This is not the case anymore. “Simply putting a pen to the paper or in the electronic medium, putting the fingers to the save key create copyrighted work.” (U. Texas.edu.) Fair use: this plays a critical role on the internet. Authors make money by controlling copies of their works. Research and scholarly works use to be fair use, but this is now changing. To play it safe, use expressed rights. When searching, “search for creative common license works by license type, or limit your search to be sure that your results include only materials that are intended for educators” (U.Texas.edu.)

Resources http://www.copyright.gov/title17/92chap5.html#506 http://www.copyright.gov/help/faq/faq-fairuse.html#p2p http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapt er9/index.html http://www.ncpublicschools.org/copyright1.html http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapt er9/9-b.html http://copyright.lib.utexas.edu/teachact.html http://copyright.lib.utexas.edu/permissn.html

Image Resources http://marshallmashup.usc.edu/wp-content/uploads/2013/01/dollar- signs-money-clip-art-thumb2184272.jpg http://img.ehowcdn.com/article-new/ehow/images/a06/6f/4a/difference- between-clause-provision_-800x800.jpg http://mediaplayerfree.org/images/media_icon.jpg http://4.bp.blogspot.com/-P- z4t3K_HJU/UNoNaxo4DCI/AAAAAAAALZI/nVKiqz2-CJY/s1600/Open- Book.png http://mustech.pbworks.com/f/1329421488/music.jpg https://encrypted- tbn2.gstatic.com/images?q=tbn:ANd9GcSCHq3pcIDd5fLW6iExxi3mhJSoQp _Lb-ULUTIGpXs3lt82tsOG