Copyright Rules for Teachers and Students Presented By: Melvia Dillard Copyright Rules for Teachers and Students

HAVE YOU EVER…… Incorporated an innovative online graph into a math teaching master? Copied a video documentary to show during a classroom history lesson? Created a science unit by combining a variety of text and online resources? Posted to your school Web site a class picture taken by School Photos, Inc.?

If you said YES, YES, YES…. The materials are protected by copyright….. AND Unless you had permission of the copyright owner or owners…. Your use of the materials constituted copyright infringement.

Copyright Law The owner of any tangible creative work has the sole right to reproduce, distribute, perform, display, transmit, or transform that work

What’s Protected Original works of authorship including Literary Dramatic Musical Artistic Work Poetry Novels Movies Songs Computer Software architecture

Copyright Infringement The act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act.

Legal Penalties Infringer pays the actual dollar amount of damages and profits. The law provides a range from $ 200 to $ 150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works The infringer can go to jail.

IS IT FAIR TO USE? “Fair Use” is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.

FAIR USE Four factors are used in determining Fair Use: Purpose and character of the use Nature of the copyrighted work Amount and substantiality of the material used The effect of use on the potential market of the work

Purpose and Character of the Use This factor determines whether the material was used for financial gain, education, or commercially.

Nature of the Copyrighted Work This factor determines what type of material the work is, whether the work is scholarly or commercial.

Amount and Substantiality of the Material Used This factor determines the amount of the portion of the work used. The less you copy, the more likely it will be excused as fair use.

The Effect of Use on the Potential Market of the Work This factor determines whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work

For Classroom Teachers & Students What you may do under the law

Printed Materials Poems less than 250 words Excerpts of 250 words from a poem greater than 250 words Articles, stories, or essays less than 2,500 words Excerpt from a longer work (10% of work or 1,000 words) One chart, picture, diagram, graph, cartoon or picture per book or per periodical issue Two pages (max) from an illustrated work less than 2,500 Teachers may make multiple copies for classroom use. One copy per student. Nine instances per class per term Teachers may keep multimedia for two years, after that permission is required. Students may incorporate text in multimedia projects.

Video Videotapes (purchased) Videotapes (rented) DVD Laser Discs Teachers may use these materials in the classroom without restrictions of length, percentage, or multiple use Not for use as entertainment or reward

Video (“Motion Media”) for Use in Multimedia Projects Videotapes DVD Laser Discs Quick Time Movies Encyclopedias Students may use portions of lawfully acquired copyrighted works in their academic multimedia, defined as 10% or 3 minutes of motion media

Video for Integration into Video Projects Videotapes DVD Laser Discs Quick Time Movies Encyclopedias (CD ROM) Students may use portions of lawfully acquired copyrighted works in their academic multimedia

Illustrations and Photographs Collections of photographs Collections of illustrations Single works may be used in their entirety but not more than 5 images by an artist or photographer. From a collection, not more than 15 images

Music for Integration into Multimedia/Video Projects Up to 10% of a copyrighted musical composition may be reproduced, performed and displayed as part of a multimedia program produced by an educator or student for educational purposes

Television/Cable Channels Broadcast Tapes made from broadcast CNN MTV HBO Tapes made from cable Broadcast or tapes may be used for instruction Cable channel programs may be used with permission

Getting Permission To obtain permission to use a work protected by copyright, you must determine who is the copyright owner of the material you intend to use, contact the owner, and request the right to use the work in the territory and format you intend.

Summary As today’s teachers and students become increasingly involved with technology and the internet for learning, work, and entertainment, it is vital to ensure that they understand their legal rights and responsibilities under the copyright law and also how the law affects creativity and innovation.