What every educator should know Copyright What every educator should know

What is Copyright? Copyright protects “original works of authorship” that are fixed in a tangible form of expression. 1 literary works 2 musical works, including any accompanying words 3 dramatic works, including any accompanying music 4 pantomimes and choreographic works 5 pictorial, graphic, and sculptural works 6 motion pictures and other audiovisual works 7 sound recordings 8 architectural works

Copyright infringement in the classroom Copyright infringement occurs when anyone violates the rights of the copyright owner In the classroom, copyright infringement can occur when students and teachers neglect to adhere to the fair use clause Fair Use: Fair use allows people other than the copyright owner to copy part or, in some circumstances, all of a copyrighted work, even where the copyright holder has not given permission or objects Let’s learn more about fair use in the classroom…

Fair use in the classroom Both teachers and students must be aware of the Fair Use guidelines that should be followed when using copyrighted material within the classroom. It can be very easy to neglect the guidelines, but the consequences for doing so can be detrimental to a student or teacher’s academic career. Let’s look at some of the guidelines that are most likely to be violated within the classroom…

Guidelines for the Top 6 Fair Use Violators Text Up to 10% of a copyrighted work or 1000 words, whichever is less Poems Entire poem if less than 250 words 250 words or less if longer poem No more than 5 poems (or excerpts) of different poets, from an anthology Only 3 poems (or excerpts) per poet Internet Internet resources often combine both copyrighted and public domain sites; therefore care should be used in downloading any sites for use in multimedia presentations. Until further clarification, educators and students are advised to write for permission to use Internet resources and to be mindful of the copyright ramifications of including embedded additional links to that particular site. Multimedia Presentations Citations Educators and students must credit sources, giving 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 (i.e. it must appear on the screen when the image is viewed). Motion Media Up to 10% of a copyrighted work or 3 minutes, whichever is less Clip cannot be altered in any way Illustrations A photograph or illustration may be used in its entirety No more than 5 images of an artist's or photographer's work When using a collection, no more than 10% or no more than 15 images, whichever is less Copying and Distribution Limitations Do not post multimedia projects claiming fair use exemption on an unsecured web site No more than 2 copies of the original production may be made Only 1 may be placed on reserve for others to use for instructional purposes An additional copy may be made for preservation purposes, but may be used or copied only to replace a use copy that has been lost, damaged, or stolen If more than one person has created the multimedia presentation, each principal creator may retain only one copy Guidelines for the Top 6 Fair Use Violators

Four Factors in Assessing Fair Use… How can we be sure that the fair use guidelines are being followed during class? Four Factors in Assessing Fair Use…

Factor #1 The Purpose and Character of the Use of Copyrighted Work Is the new work the same or have you altered it in any way? Will you make money for this work, or is it for educational purposes? Example: Sarah is writing an article for her school newspaper and borrows quotes from a speech given by President Obama. She places the quotes under pictures of an American flag. Since Sarah transformed the quotes to have new meaning from its original meaning, this would be considered fair use.

Factor #2 The Nature of the Copyrighted Work Example: A particular use is more likely to be considered fair when the copied work is factual rather than creative Example: A university professor makes several dozen copies, one for each student in the class, of a published, academic journal article, does this violate the fair use clause?

NO! The professor is probably not violating copyright. The professor/teacher is allowed to make multiple copies of the article if: It meets the test of brevity--is less than 2500 words It meets the test of spontaneity --done within a reasonable time period. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission It meets the cumulative effect test (the content is relevant to the course being taught). A copyright notice appears on each copy.

Factor #3 The Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole How much of the copyrighted work did you use in your new work? Tip! Only those portions of a work relevant to the course’s objectives should be copied and distributed.

Factor #4 The Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work If you use the copied work in a way that substitutes for the original in the market, that will weigh against fair use. Tip! Copying for use in one semester may have minimal market effect. Repeated copying over several semesters may begin to tip this factor against fair use.

Importance of understanding and implementing fair use in the classroom For Teachers: The law does not grant special privileges to educators. As a teacher you must understand the limits of fair use so that you do not violate the law inadvertently, and to set a positive example for your students. For Students: Teach students to respect the law, property, and guide students towards proper usage of computer technology and resources. A students understanding of copyright also provides them with sound values and ethical decision making skills. Thus preparing them for the world outside the classroom.