Copyright or Wrong? John Brim Instructional Technology Division North Carolina Department of Public Instruction

Why Care? Law, curriculum, ethics

Federal Law United States Constitution, Article I, Section 8 The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Federal Law Title 17, U.S. Code

Curriculum – NC SCOS Computer skills Information skills Language Arts 21st Century Skills

Ethics What are we teaching? Modeling behavior

Scenario – Online Pictures You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation.

Copyright Review

Scope of Copyright - Six Fundamental Rights Reproduction Adaptation Publication Performance Display Digital transmission Reproduction - making copies Adaptation - making changes Publication - presenting to public Performance - presenting to public Display - presenting to public

Fair Use Sets limitations on rights of copyright holders Guidelines not absolute

Fair Use Conditions Non-profit educational institutions or homebound instruction Face-to-face instruction – students and teachers Support of curricular objectives Legally obtained

Teachers Educators may use their own multimedia presentations to teach in-service classes, for presentations at faculty meetings, workshops, and conferences. Becker, Gary H. Copyright: A Guide to Information and Resources. 3rd Ed. Lake Mary, 2003. 58-59.

Fair Use Factors/Test Purpose and character of use Nature of copyrighted work Amount copied Cumulative effect of use Synopsis from Carol Simpson’s book, Copyright for Schools: A Practical Guide, 4th Ed. Purpose and Character of Use Nonprofit use Criticism, commentary, new reporting Nature of work Factual or creative Published or not published Amount of work used Essence of work Effect of use on market for or value of use Commercial use – transfer of money Sale of yearbooks, band concert videos, t-shirt with cartoon characters Misrepresentation – making it look like it’s yours What would happen if everyone did what you are doing? – cumulative effect

Scenario – Online Pictures You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation. Is this a copyright violation?

Internet Assume everything is copyrighted Use existing guidelines for appropriate media format

Multimedia Citation Copyright statement Credit the sources Display copyright notice ©

Pictures Used in its entirety No more than 5 images per artist No more than 10% or 5 images

Scenario – Photocopying You make a copy of an article for everyone in your workshop session. Is this a copyright violation?

Photocopying You can make a single copy of: book chapter magazine or newspaper article picture from a book, magazine, or newspaper

Conditions May not exceed one per participant Spontaneous

Conditions For scholarly research Use in teaching or preparation

Photocopying Multiple copies for the classroom of: poem of less than 250 words complete article, story, or essay less than 2,500 words

Photocopying Multiple copies of: an excerpt from larger work up to 1,000 words or 10% whichever is less one graphic or picture per book or issue

Photocopying Multiple copies of: combinations of prose, poetry, and illustrations up to 10% of total must bear copyright notice

Scenario – The Presentation You are presenting at a conference using PowerPoint. You include quotes, photographs, music, and videos. Violation Access or boot file is part of the program and there is no brevity provision in fair use for computer software Is this a copyright violation?

Text Up to 10% or 1000 words, whichever is less

Issue - Pictures Up to 5 or 10% of images from single artist Up to 15 images from a collection

Issue - Music 10% but no more than 30 seconds

Video 10% of motion media or 3 minutes, whichever is less

Scenario – The Publication You publish guidelines and distribute them statewide. You used copyrighted text passages and graphics. Violation Access or boot file is part of the program and there is no brevity provision in fair use for computer software Is this a copyright violation?

Probably Publication is a fundamental right Ask for and get permission

Scenario - Web sites You create a Web site and add a popular cartoon character for humor Is this a copyright violation?

Probably Posting on the Internet is publication Cartoon characters are highly creative works Ask for and get permission

Citations www.ncwiseowl.org/reference/citations.htm http://citationmachine.net/ Copyright handout John Brim 919-807-3288 jbrim@dpi.state.nc.us In compliance with federal law, including the provisions of Title IX of the Education Amendments of 1972, N C Public Schools administers all state-operated educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender, except where exemption is appropriate and allowed by law.