What Educators Should Know Copyright What Educators Should Know By: Terri Byers, Ed. S. (Modified from original by Connie Yearwood)

What is Copyright? Copyright is a property right granted to authors of original work The purpose is to protect and promote creativity

Copyright Copyright covers: literary works; musical works; dramatic works; pantomimed and choreographed works; pictorial, graphics, and sculptural works; motion pictures and audiovisual works; and sound recordings.

In other words… …just about everything!!

When Copyrighted Materials Can Be Used Public domain - A work in the public domain can be copied freely by anyone. Such works include those of the U.S. Government and works for which the copyright has expired. Generally, for works created after 1978, the copyright lasts for 70 years beyond the life of the author. With permission Legal exception Fair use

Fair Use Law for Educators Fair Use guidelines were developed to clarify the rights of educators to copy or use materials for educational purposes. In order for Fair Use to apply the material being used must be directly related to an educational objective.

Fair Use applies to… Software Videos Satellite Printed Materials Internet Multimedia Videos Printed Materials Graphics (any visual image) Audiovisual (sound, motion picture, projected images)

How can I tell if my copying falls under Fair Use? Unfortunately there’s no hard and fast rule, but there are some guidelines.

Fair Use for Educational Purposes Purpose of use - spontaneous and for a temporary purpose Nature of the work - a newspaper article vs. a textbook, a DVD vs. a photo Proportion/extent of material used - a chapter vs. whole book The effect on marketability - changing format

Videos in the Classroom Classroom use of a copyrighted video is permissible only when all of the following conditions are met:

It must be shown in relation to face-to-face teaching activities. The entire audience must be involved in the teaching activity. It must be shown in a classroom or similar instructional area. The audience is in the same room. It is a closed space with a single classroom of students. The teaching activities are conducted in a non-profit, educational setting. It may not be shown for entertainment or reward. The video has not been illegally made or copied.

Habersham County Guidelines Must be previewed by the personnel using it. Must have instructional value and objectives for the use of it, and it must be included in the teacher’s lesson plans. Must not be used solely to entertain students. Must follow copyright procedures as established by county regulations and state and federal laws. Must be property of the school system. Must be used in face-to-face instruction with one class, unless public performance rights are held.

Video ? and Answer Q: “It’s raining outside. May I use a video for recess?” A: No. Using a video for entertainment is a violation of the Fair Use guidelines. Q: “Can the Media Specialist show a video over the closed circuit system at school?’ A: This is considered public performance. It can only be done if the school owns public performance rights for the video. Q: “My students have been good all week. May we have a movie and popcorn on Friday?” A: You may have the popcorn, but showing a video for reward is a violation of the Fair Use guidelines.

Printed Materials Educators may copy A single copy of a chapter from a book.* A single copy of an article from a magazine or newspaper* A single copy of a short essay, short poem, or short story* Educators may not copy Consumable materials, i.e. workbooks To keep from buying The same item for sequential marking periods *Must be destroyed after the teaching opportunity.

Software When you purchase software (computer games or programs) you are not actually buying the program. You are buying the right to use a copy of it. Software may not be installed on more than one computer in a school unless the school owns a site license for it.

Graphics Educators may use graphics from a program that has been purchased (Print Shop, Clip Gallery, etc.) to enhance presentations, newsletters, bulletin boards, etc. Educators may not Change the format, i.e. “blowing up” the graphic Create a hand drawn imitation Copy more than one from a book or periodical Copy more than 9 graphics for the course

Who is Accountable? Teachers, Media Specialists, Administrators, School Boards All equipment in a school is considered “supervised.” Therefore, if it is used to violate copyright law we are all responsible. You are liable if you should have known about it.

Is It Worth It? $250--$10,000 per infringement If the infringement is willful, the fines can be as high as $100,000 Violation of software copyright is a felony and carries fines up to $250,000 per infringement

This presentation covers only a portion of the copyright issues faced by educators. Your Media Specialist has special training in issues relating to copyright. If you are in doubt, ask for advice.

Why is it Important? We are working to produce “Caring and Responsible Learners,” so it is our job to model responsible behavior.

Board Policy From Online Policy Manual, September 8, 2003 Compliance with State Board Policy, State and Federal Laws   It is the policy of this Board to comply with all State Board policies and adopted documents related to media programs and resources (IFA), personnel (GBB and GDBA) and facilities and to adhere to any relevant state and federal laws. Furthermore, the Habersham County Board of Education shall comply with the copyright law.  There shall be one individual at the system level and one individual at each school responsible for ensuring current copyright information is made available to all education personnel, for obtaining copyright clearance for works used in the instructional setting and for recommending system compliance procedures.  Willful infringement by any employee is prohibited and may result in disciplinary action.

Habersham’s Authority on Copyright Habersham County refers to Gary Becker’s book, Copyright: A Guide to Information And Resources as the authority on Copyright Law.

References (2002). ALA Fact Sheet 7: Video and Copyright. Retrieved Aug. 22, 2003, from The American Library Association: http://www.ala.org/Template.cfm?Section=Library_Fact_Sheets&Template=/ContentManagement/ContentDisplay.cfm&ContentID=24635 Becker, G. (2003). Copyright: A Guide to Information and Resources, 3rd Edition. Lake Mary, FL: . Copyright and Fair Use. Retrieved Jan. 8, 2009, from http://www-sul.stanford.edu/cpyright.html Fitzgerald, M. (1999). Copyright for Media Specialists. Retrieved Aug. 22, 2003, from http://it.coe.uga.edu/%7Emfitzger/copyright.html (2000). Regents Guide to Understanding Copyright & Educational Fair Use . Retrieved Aug. 22, 2003, from University System of Georgia Board of Regents: http://www.usg.edu/admin/legal/copyright/copy.html Ryan, L., Smith, L. & Thomas, J. Breaking Down the Monster of Copyright Law. Simpson, C.M. (1997). Copyright for schools: A practical guide (2nd ed.). Worthington, OH: Linworth.