Copyright for Teachers Taylor Blackmon October 9, 2012

Copyright Infringement? Copyright infringement occurs when someone other than the copyright holder copies the expression of a work. COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S RIGHTS ARE VIOLATED

Plagiarism vs. Infringement Plagiarism is using someone else's work without giving proper credit (failure to cite adequately.) Copyright infringement is using someone else's creative work, which can include a song, a video, a movie clip, a piece of visual art, a photograph, and other creative works, without authorization. Schools enforce plagiarism. The courts enforce copyright infringement To stay on the safe side, students should… Put those words in quotation marks or indent them to indicate clearly that they are not your own words. Add a footnote to give credit to the original author. Keep the length of your quotation down to a few sentences so you won't be guilty of copyright infringement

Fair 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.

The only guidance for FAIR USE is provided by a set of factors outlined in copyright law. These factors are weighed in each case to determine whether a use qualifies as a fair one. One important factor is whether your use will deprive the copyright owner of income. Unfortunately, weighing the fair use factors are often subjective.

1. The Transformative Factor This factor is based on the purpose and character of your use. A determining detail with this factor is whether the material has been used to help create something new or copied verbatim into another work. When taking portions of copyrighted work, ask yourself the following questions: Has the material you have taken from the original work been transformed by adding new expression or meaning? Was value added to the original by creating new information, new aesthetics, new insights, and understandings?

2. The Nature of the Copyrighted Work What type of work is it ? You have more flexibility to copy from factual works like biographies than you do from fictional works like plays or novels. You will have a stronger case of FAIR USE if you copy the material from a published work than an unpublished work. The extent of FAIR USE is narrower for unpublished works because an author has the right to control the first public appearance of their expression.

3. The Amount and Substantiality of the Portion Taken The less you take, the more likely that your copying will be excused as a fair use. However, even if you take a small portion of a work, your copying will not be a FAIR USE if the portion taken is the heart of the work. You are more likely to run into problems if you take the most memorable aspect of a work.

4. The Effect of the Use to the Potential Market Another important fair use factor is whether your use denies the copyright owner of income or undermines a new or potential market for the copyrighted work. Depriving a copyright owner of income is very likely to trigger a lawsuit. This is true even if you are not competing directly with the original work.

Videotaping in the classroom Here are the rules: Only programs broadcasted to the general public may be taped. includes all programs broadcast to homes and schools. the guidelines do not apply to programs available only from cable television services such as Showtime, HBO, The Disney Channel, C-Span and ESPN. A classroom teacher who wants a particular program taped should ask the school to tape it. The tape may be shown only during the first ten consecutive school days after it is made, and only in a classroom or similar place devoted to instruction. (A tape may be shown to several classes if appropriate.) A limited number of copies may be made from each off-air recording. Each copy is subject to all the provisions governing the original recording. The tape may not be altered in any way. For example, tapes may not be edited to create an anthology or compilation. After the ten-day classroom period expires, the tape may be used only for evaluation – (to determine whether it should be bought or licensed for permanent inclusion in the teaching curriculum.) After 45 calendar days after the tape was made, it must be destroyed.

Penalties of Copyright Infringement Injunction or warning Impoundment Destruction of all copies made or used in violation of the copyright owner's exclusive rights Recovery of full costs and attorney fees

Using Multimedia in the classrooms Copyright guidelines to adhere to: Educators and students must credit sources give 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. Copyright information for images may be shown in a separate bibliographic section ,unless the presentation is being used for distance learning. In this case, the information must be incorporated within the image itself it must appear on the screen when the image is viewed

When Using Someone Else’s Words Remember to ALWAYS GET PERMISSION! Up to 10% of a copyrighted work or 1000 words, whichever is less should be used. Changing only the words of an original source is NOT sufficient to prevent plagiarism. You must cite a source whenever you borrow ideas as well as words. You are allowed to borrow ideas or phrases from other sources provided you cite them properly and your usage is consistent with the guidelines set by FAIR USE laws. As a rule: you should be careful about borrowing too liberally; if you follow the words of a source too closely, and do not use quotation marks, it can be considered plagiarism even if you cite the source.

Conditions for Using Music Guidelines include: Only up to 10% of a copyrighted musical composition can be used, but no more than 30 seconds is allowed Only up to 10% of a body of sound recording can be used, but no more than 30 seconds is allowed Any alterations cannot change the basic melody or the fundamental character of the work

Guidelines for Film in the Classroom Performance or display of a copyrighted work must occur in a non-profit educational institution or setting The performance or display of the copyrighted material occur in the course of face-to-face teaching activities The performance or display of a work is by instructors or pupils in the course The film/audiovisual material is related to the course The copyrighted work is performed or displayed in a classroom or other designated teaching spaces In the case of an audiovisual work, the performance or display of individual images must be given by a means of a copy that is lawfully made (The material must be purchased, rented, or borrowed from the library).

Permission for Classroom Use Every institution should have a comprehensive policy for copyright compliance. This policy should include detailed procedures for obtaining copyright permission and for ensuring compliance with the DMCA (digital millennium copyright act) and TEACH Act (Technology, Education and Copyright Harmonization). It should also provide institutionally accepted guidelines and interpretations of fair use.

When posting to a Website, be Careful to Consider… Obtaining images for a web page the best way to obtain images is to create them in a drawing or other image creation program. It’s best to start from scratch Developing text for a web page. The guidelines for text development are similar to those for obtaining images. Truly original text, developed by the creator of the web-site, may be used without copyright concerns. Developing Java Applets, JavaScripts, and ActiveX scripts. Like text and pictures, it is normally a violation of copyright law to appropriate scripting or programming from someone else without permission. Many parties have made their scripts and applets available for use by the public. In these cases, use is allowed as long as any requirements set forth by the programmer are followed.

Resources http://copyright.lib.utexas.edu/ http://www.templetons.com/brad/copymyths.html http://www.copyright.com/content/cc3/en/toolbar/getPermission.html http://www.ncpublicschools.org/copyright1.html http://fairuse.stanford.edu/ http://www.microsoft.com/about/legal/en/us/Copyright/Default.aspx http://www.plagiarism.org/plag_article_plagiarism_faq.html http://classguides.lib.uconn.edu/mediaresources http://www.copyright.com/Services/copyrightoncampus/compliance/index.html http://www.bitlaw.com/internet/webpage.html http://www.clickandcopyright.com/copyright-resources/copyright-infringement.aspx http://www.plagiarismchecker.com/plagiarism-vs-copyright.php