The T.E.A.C.H. Act New standards and requirements for the use of copyrighted materials in education

The Mystery of c Copyright

c What is Copyright?

Background of Copyright Law Copyright applies automatically to all works that are: Copyright applies automatically to all works that are: original works of authorship original works of authorship fixed in any tangible medium of expression fixed in any tangible medium of expression Copyright notices are NOT required Copyright notices are NOT required Registration with the U.S. Copyright Office is NOT required Registration with the U.S. Copyright Office is NOT required

The copyright owner has five “exclusive” rights to their work.

1. The right to reproduce the work in copies (make copies)

2. The right to prepare derivative works (transform the work)!

3. The right to distribute copies of the work to the public (market copies)

4. Perform the work publicly

5. The right to display the work publicly

Do copyright laws apply to cyberspace?

Copyright laws are in effect in today’s cyberspace

On the Internet, if there is no copyright notice, can we use any work?

No!

Everything from April 1, 1989 is copyrighted whether it has a notice or not!

All Internet users must assume that the work is copyrighted.

Many Internet works are available for public use

“I grant this to the public domain.”

Public domain works can be used without credit to the owner

Many copyright owners will grant permission to use their work

To be safe, Internet users should ask permission from the owner

Copyright law on the Internet is new territory for the court system

c Copyright and Fair Use in Education The T.E.A.C.H. Act

Fair Use - based on an equitable rule of reason c

c Four criteria have been adopted -

1. The purpose and character of the use (commercial or non-profit educational)

2. The nature of the copyrighted work

3. The amount of the portion used in relation to the work as a whole

4. The effect of the use upon the potential market for the work

Time Limitations Educators may use their educational multimedia projects created for educational purposes for a period of up to two years after the first instructional use with a class. Use beyond that time period, even for educational purposes, requires permission for each copyrighted portion incorporated in the production.

Portion Limitations Motion Media Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of a multimedia project Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of a multimedia project

Portion Limitations Text Material Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of a multimedia project. Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of a multimedia project. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used.

Portion Limitations Music, Lyrics and Music Video Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, or audio or audiovisual works, may be reproduced or otherwise incorporated as a part of a multimedia project. Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, or audio or audiovisual works, may be reproduced or otherwise incorporated as a part of a multimedia project.

Portion Limitations Illustrations and Photographs When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project. A photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated. A photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated.

Golden Rules If you did not create it or do not have permission from the owner, don’t use it. If you did not create it or do not have permission from the owner, don’t use it. If you use something that is not yours, make sure you give credit to the owner. If you use something that is not yours, make sure you give credit to the owner.