Copyright and Fair Use: Audio By:Rebekah Hunt

…”Copyright law protects original works of authorship for decades after the death of the author. The fair use doctrine is an exception to copyright law that allows anyone to use a small portion of a copyrighted work, including audio works, provided certain conditions are met”… Carnes, D. (2011, April 23). -David Carnes Explain to teachers what copyright is. Make sure they understand that copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time. The exclusive rights are not absolute; they are limited by limitations and exceptions to copyright law, including fair use. – Defined by Wikipedia http://www.ehow.com/info_8282873_copyright-rules-audio-clips.html

Using digital audio for educational purposes falls under “fair use” and may be used without permission or paying a fee. Tell teachers: Merriam-Webster defines fair use as a legal doctrine that portions of copyrighted material may be used without permission of the copyright owner provided the use is fair and reasonable, does not impair the value of the materials, and does not curtail the profits reasonably expected by the owner. Pose the question above after defining.

What’s the catch when using audio? Must be relevant to course content Face to face instruction only No posting on internet One-time use only No duplication The less you use the better Tell teachers that even though the previous statement is true, there is a lot of “red tape” around it that they need to be aware of. If using audio in a classroom it MUST be for educational purposes only. You cannot use the music as background pleasure music unless you have legal permission from copyright holder. You can’t broadcast music over the intercom or on a newscast without permission. You CANNOT post the work to the internet…no YouTube or Teacher Tube. You can’t make copies of the educational lesson with the music in it. When using audio clips in your lesson, the less of the clip you use the better. There is a 10% guideline that is good to follow. Using 10% or less of an audio clip falls more into fair use if you are using it for EDUCATIONAL purposes only. “You may use 10% of a copyrighted piece of music for face-to-face instruction directly related to your course content. For example- if you are teaching on the transition of Classical to Romantic eras of music and you play a 10% piece of a Beethoven composition, this could fall under fair use. However, You may NOT safely use in a video, pod-cast, broadcast, powerpoint or synchronize with any other form of multimedia without written permission from the copyright holder”(SoundzAbound - Royalty Free Music Library For Schools. (n.d.). Retrieved June 27, 2015). © Barna Tanko | Dreamstime.com

© Evgenyatamanenko | Dreamstime.com But I am a TEACHER…! Teachers Administrators Students School Districts Parents The following have been sued for exceeding fair use in audio. I don’t want YOU to fall into this category! The U.S. Copyright Office states: "The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines or notes that may be safely taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.“ So make sure you are following all guidelines for Fair Use in education! © Evgenyatamanenko | Dreamstime.com

What do you think…? Macedonia Elementary has a morning news broadcast each day. The children want to play the song Happy, by Pharrell Williams, in the background during the news. The children come to you for advice. What do you tell them? No, unless permission has been granted by the copyright holder. Offer the next three scenarios to teachers. Discuss their thoughts and questions. © Swillklitch | Dreamstime.com

What do you think…? The school talent show is coming up. A few children are wanting to use a copyrighted song in their performance. They are concerned since they have heard so much about fair use only being for educational purposes. What do you tell them? As long as it is a talent show and not a full performance, students can use copyrighted music.

What do you think…? The 2nd grade teacher, Mrs. Hopkins, made an end of the year slideshow with pictures and popular songs included. The parents want her to send them a copy of the video. Can Mrs. Hopkins do that? Trick Question! Mrs. Hopkins should not have even made the slideshow using music without permission, so she obviously would not be able to share it with the parents!

So what can you use? Explain to teachers there are some music clips that you can use without worry.

…”Copyright laws have existed since 1790 …”Copyright laws have existed since 1790. Digital technology seems to make it increasingly difficult to administer copyright protection especially in the case of audio works; however, the law is the law, and copyright still affords artists control of their creations. With widespread and immediate transfer of data including music, via the Internet, maintaining control has become more challenging, so it's important to understand the ins and outs of copyright protection”… Deiterich, A. (2009, May 29). --Ann Deiterich http//www.ehow.com/about_5057842_copyright-laws-audio.html Read quote.

When in doubt, do without!! Remember…. Birds on a Wire/My Name is Andrew/Soundzabound Royalty Free Music, www.soundzabound.com

Resources Birds on a Wire/My Name is Andrew/Soundzabound Royalty Free Music, www.soundzabound.com www.dreamstime.com (clipart) Deiterich, A. (2009, May 29). Copyright Laws on Audio. Retrieved June 27, 2015, from http://www.ehow.com/about_5057842_copyright-laws-audio.html Carnes, D. (2011, April 23). Copyright Rules for Audio Clips. Retrieved June 27, 2015, from http://www.ehow.com/info_8282873_copyright-rules-audio-clips.html SoundzAbound - Royalty Free Music Library For Schools. (n.d.). Retrieved June 27, 2015, from http://www.soundzabound.com/frequently-asked-questions About the Fair Use| U.S. Copyright Office. (n.d.). Retrieved June 27, 2015, from http://copyright.gov/fair-use/