Hillgrove High School August 2009 Copyright Hillgrove High School August 2009

Fair Use Notice This presentation is included under the Fair Use exemption of US Copyright Law It was prepared according to educational multi-media fair use guidelines It is restricted from further use

Credits This presentation was prepared in part using materials copyrighted by Dr. Elizabeth Bennett at University of West Georgia.

What is Copyright? It’s the Law! Title 17 US Code PL 94-553 90 Statute 2541 Congressional Guidelines for Fair Use

How does one get a copyright? Creators once had to apply for copyright protection. Work created since 1978 has copyright protection as soon as it’s in tangible form. Slide 3 – Duration of copyright Creators once had to apply for copyright protection. However, any work created since 1978 has copyright protection as soon as it is in tangible form. Works created before 1978 have copyright protection for 75 years.

Copyright Owners Reproduce Adapt Distribute, rent, lend Have exclusive rights to Reproduce Adapt Distribute, rent, lend Perform, display Digitally transmit Transfer ownership of their work

What does it apply to? Anything created after 1978 Anything created after 1978, life of the creator + 70 years 1923 – 1977, ??? Before 1923, Public Domain

Why be concerned about copyright? Legal - Penalties are harsh and expensive. Teachers who violate established policy receive no legal support from the school district. In CCSD, the use of copyrighted materials is addressed in Administrative Rule IJNDB and Rule IFAB Neither the Cobb County Board of Education nor the District shall assume responsibility for actions of District employees or students in violation of the above-mentioned laws. Ethical - Taking someone’s property is stealing. Teachers must model honesty and truthfulness. Slide 5 – Why be concerned about copyright? Legal – Penalties are harsh and expensive. Teachers who violate established policy receive no legal support from the school district. Ethical – Taking someone’s property is stealing. Teachers must model honesty and truthfulness

Fair Use Guidelines Permit educators to use Portions of copyrighted, published materials For planned instruction Provided marketability is not impaired

Fair Use Guidelines A copyrighted work may be used or copied for educational purposes under fair use conditions. Copyright law provides four standards to determine fair use: Purpose and character of work Nature of the work Amount of the work used Effect on marketability or value Slide 4 - Fair Use Guidelines for Educators A copyrighted work may be used or copied for educational purposes under fair use conditions. Copyright law provides four standards to determine fair use. 1. Purpose of use – Will it be used in a non-profit educational institution? 2. Nature of the work – Is it published? Is it factual or creative? 3. Amount of the work used – The more you use, the less likely it is fair use. 4. Effect on marketability or value– Will there be a reduction in sales? What would happen if everyone does what you do?

Fair Use of Copyrighted Print Materials When used for face-to-face teaching, educators may: Make and retain a single copy for the teacher Make one copy per student, if the work is brief, spontaneously copied, and it had no effect on marketing the work. Copies must contain copyright information. Slide 6 – Fair Use of Copyrighted Print Materials When used for face-to-face teaching, educators may  make and retain a single copy for the teacher and  make one copy per student, if  the work is brief, spontaneously copied, and it has no effect on marketing the work.,  copies contain copyright information..

Fair Use of Copyrighted Print Materials Educators cannot: Make or use multiple copies again and again. Copy to avoid purchase of textbook or other material. Copy more than one or two excerpts from a single author during a class term. Copy from workbooks, tests or other consumables meant for one student to use once. Copy if directed by a higher authority. Slide 7 - Fair Use of Copyrighted Print Materials Educators cannot  Make or use multiple copies again and again.  Copy to avoid purchase of textbook or other material.  Copy more than one or two excerpts from a single author during a class term.  Copy from workbooks, tests, or other consumables meant for one student to use once.  Copy if directed by a higher authority. Educators can request permission to override copyright limits. Educators can request permission to override the copyright limits.

Fair Use of Copyrighted Graphics Use image in entirety No more than 5 images from 1 artist or photographer No more than 10% or 15 images (whichever is less) from a published collected work

Fair Use of Off-Air Taping Taping of programs shown on channels other than the instructional stations is allowed with the following limits: It must be viewed within 10 consecutive school days and only for face-to face instruction, not a time-filler. The tapes may be held for 45 days after taping so that teachers may go over them for their own reviewing or background information. They may not be shown to students during this time. The recording must be requested. The librarians cannot tape for anticipated use. Slide 8 - Fair use of off-air taping It must be viewed within 10 consecutive school days and only for face-to face instruction, not a time-filler. The tapes may be held for 45 days after taping so that teachers may go over them for their own reviewing or background information. They may not be shown to students during this time. The recording must be requested. The media specialist cannot tape for anticipated use.

Fair Use of Off-Air Taping (continued) Taping of programs shown on channels other than the instructional stations is allowed with the following limits: Multiple copies of a taped program can be made only if more that one teacher requests such a taping. A teacher can only request a program once per teaching year. Any taped program must contain copyright notice. It may not be altered or merged with another program. Slide 9 - Fair Use of Off-Air Taping (continued) Multiple copies of a taped program can be made only if more that one teacher request such a taping. A teacher can only request a program once per teaching year. Any taped program must contain copyright notice. It may not be altered or merged with another program.

Fair Use of Music Music, lyrics, or music video: Up to 10% or 30 seconds, whichever is less Fair Use of Music Up to 10% of a copyrighted music composition may be reproduced, performed, and displayed as a part of a multimedia program produced by an educator or for educational purposes. A maximum of 30 seconds per musical composition may be used for an educational purpose.

Fair Use of Videos Educators are allowed to: (including DVD & Laser Discs) Educators are allowed to: Educators aren’t allowed to: Use up to 10% or 3 minutes in a presentation, whichever is less. Use video that states “Home Use Only” if purchased or rented by the school for curriculum-based, face-to-face instruction. Videos may be copied for archival purposes or to replace lost, damaged or stolen copies. Copy commercial videos for classroom use. Use videos for entertainment purposes, not educational use. Play videos outside of the regular classroom without public performance rights or express permission. Broadcast videos (outside the building) without permission or a license. Fair Use of Videos Use video that states “Home Use Only” are acceptable if purchased or rented by the school for curriculum-based, face-to-face instruction. Videos may be copied for archival purposes or to replace lost, damaged or stolen copies if replacements are not available at a fair price or in a viable format. Copy commercial videos for classroom use. Use videos for entertainment purposes, not educational use. Play videos outside of the regular classroom without public performance rights or express permission. Broadcast videos (outside the building) without permission or a license.

Fair Use of Closed Circuit TV To distribute videos over closed circuit, the videos must be purchased with closed circuit rights. Fair Use of Closed Circuit TV To distribute videos over closed circuit, the videos must be purchased with closed circuit rights.

Videotaping student performances No videotaping copyrighted plays or music – except for instruction. Must have a signed release form to video or display student images. Videotaping student performances No videotaping copyrighted plays or music. Must have a signed release form to video or display student images.

Fair Use of the Internet Educators are allowed to: Educators aren’t allowed to: Upload copyrighted software to the Internet for downloading. Collect materials off the Internet and compile them into a new work. Repost resources from the Web back on to the Internet without permission. Download resources that have not been legitimately acquired by the website. Download public domain software. Download images for student projects and teacher lessons. Download sound files and video for use in multimedia projects. Post links to legitimate sources. Must follow the Fair Use for Music and Video guidelines. Fair Use of the Internet Download public domain software. Download images for student projects and teacher lessons. Download sound files and video for use in multimedia projects. However they must follow the Fair Use for Music and Video guidelines. Post links to legitimate sources. Upload copyrighted software to the Internet for downloading. Collect materials off the Internet and compile them into a new work. Repost resources from the Web back on to the Internet without permission. Download resources that have not been legitimately acquired by the website.

Internet Issues Mix of copyrighted/public domain Access doesn’t imply permission for free use Copyrighted materials may be posted without authorization

More Red Tape Opening screens & print materials must post fair use notice Sources & copyright must be acknowledged Copyrighted materials should not be altered

Fair Use Notice Fair Use Opening screen & print materials must state that some materials are: Included under the Fair Use exemption of US Copyright Law Prepared according to educational multi-media fair use guidelines Restricted from further use Fair Use

Acknowledging © Materials Credit and copyright info may be combined and displayed in a separate credits section EXCEPT for Images! Credits

Acknowledging © Images Copyright notice & creator’s name (if known) must be attached to image © 2002, UWG, Elizabeth Bennett

Did You Know??? Students own copyright on works they create For minors, parents or guardians must grant written permission for schools to use student work in publications, exhibits, or other public venues

What Do You Think??? Can you videotape Hillgrove’s musical production of “High School Musical?” Can you sell the video to parents? Can you show the video at a neighboring school?

Find It at Hillgrove Complete Copyright: An Everyday Guide for Librarians by Carrie Russell, Editor PRO 346.7304 COM Copyright for Schools: A Practical Guide by Carol Simpson PRO 346.7304 SIM Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity by Siva Vaidhyanathan 346.7304 VAI Digital Copyright by Jessica Litman 346.7304 LIT Downloading Copyrighted Stuff from the Internet: Sealing or Fair Use? By Sherri Mabry Gordon 346.7304 GOR Every Writers Guide to Copyright and Publishing Law by Ellen M. Kozak REF 346.7304 KOZ

Links to Additional Resources Copyright Overview for Students Copyright Myths United States Copyright Office University of Georgia System - Guide to Understanding Copyright and Educational Fair Use TechLearning - The Educator's Guide to Copyright and Fair Use