Copyright in a Nutshell Modified by John Koester Original by Pamela Kuck Instructional technology Director CESA W. Park St. Gillett, WI

Fair Use Guidelines Include: purpose and character of use nature of copyrighted work amount and substantiality of work effect and use upon potential market

You may use audiovisual materials when: It is shown as part of the instructional program It is shown by students, teachers, or guest speakers It must be shown in classrooms or other similar places Must be shown in a face-to-face situation or in the same building or general area It must be shown only to students or educators Copyright notice must be included and it must be a legitimate copy

You may not use audiovisual materials when: It is for entertainment or recreational purposes unrelated to a teaching activity It is transmitted by radio or television from an outside location (like closed circuit from another building) It is shown to an audience other than students or teachers, even when students or teachers are present It is an illegally acquired or duplicated copy

You can’t copy: to substitute for purchase or replacement workbooks, exercises, standardized tests, or answer sheets the same item by the same teacher term after term if it is directed by a higher authority if there is a charge to students beyond the photocopy charge to create, replace, or substitute for anthologies, compilations or collective works commercially made videotapes, such as feature films or educational tapes programs on cable channels or satellite TV, such as HBO or PrimeTime. (There are some exceptions on the Discovery Channel)

These conditions are required for taping off-the-air: Teacher must specifically request the copy A notice of copyright must be included It must be shown to students within 10 school days It must be erased within 45 days It must be used for instructional, not recreational purposes

A video produced for home use can be used in the classroom only if the following criteria are met: use must take place in an educational institution use must take place in a classroom or similar place devoted to instruction use must be part of the regular instructional process, thus ruling out extra-curricular or recreational uses use must be by the teacher and the students, teacher and video must all be face-to-face, thus ruling out transmissions from outside of the building video must be a lawfully made copy

Software Copyright Issues It is never legal to copy software. You can make one back-up copy to be used if the original fails. You cannot use the back-up copy on a computer simultaneously with the master copy. It is never legal to copy software. You can make one back-up copy to be used if the original fails. You cannot use the back-up copy on a computer simultaneously with the master copy. You can adapt the program by adding content or adapting to another language; however, you cannot sell, distribute, or transfer the adapted version of that program. It is illegal to make or distribute copies of copyrighted materials without authorization. You can adapt the program by adding content or adapting to another language; however, you cannot sell, distribute, or transfer the adapted version of that program. It is illegal to make or distribute copies of copyrighted materials without authorization. You can loan computer software in the school media center. You can loan computer software in the school media center.

Multimedia Guidelines Students May incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course May perform and display their own projects in the course for which they were created May retain them in their own portfolios as examples of their academic work for later personal uses such as job and school interviews. Educators May incorporate portions of lawfully acquired copyrighted works when producing educational multimedia projects to support their teaching needs. May present their projects in face to face instruction when assigned to students for directed self study and for remote instruction (with limitations)

Limitations TimePortionCopyingDistribution

Time Limitations Educators May use their projects for teaching for a period of up to two years after the first instructional use with a class Instructional use beyond that time period requires permission for each copyrighted portion incorporated into the production Students Students may use their projects in the course for which the project was created Students may use their projects in their own portfolios as examples of their own academic work

Portion Limitations The amount of a copyrighted work that can reasonably be used in a project regardless of the original medium from which copyrighted works are taken Limits apply cumulatively to each project for the academic semester, cycle, or term It is recognized that students in K-6 may not be able to adhere rigidly to the portion limitations in their independent development of projects

Motion Media Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work

Text Material Up to 10% or 1,000 words, whichever is less, of a single copyrighted work of text For the purposes of teaching, a single copy of any of the following can legally be used: A chapter from a book An article from a newspaper or periodical A short story, short essay, or short poem, whether or not from a collected work A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical or newspaper

Multiple Copies Multiple copies may be made by teachers of any of the following: Poems or excerpts of poems less than 250 words Complete articles, stories or essays of less than 2500 words words or 10% of the work, whichever is less One chart, graph, drawing, etc. per book or periodical issue Excerpts of children’s books containing up to 10% of the works in text Prose excerpts of less than 1000 words

Text Material Poems An entire poem of less than 250 words No more than 3 poems by one poet No more than 5 poems by different poets from any single anthology In poems of greater length Up to 250 words No more than 3 excerpts by a single poet No more than 5 excerpts by different poets from any single anthology

Music Lyrics and Music Video Up to 10% No more than 30 seconds of music and lyrics from a single musical work Any alterations to a musical work, shall not change the basic melody or the fundamental character of the work

Illustrations and Photographs Reproduction or incorporation of photographs and illustrations is more difficult to find with regard to fair use because fair use usually precludes the use of an entire work A photograph or illustration may be used in its entirety No more than 5 images by an artist or a photographer Not more than 10% or 15 images, whichever is less, from a single published and collected work

Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a data base or data table A field entry is a specific item of information in a record of a database file A cell entry is the intersection where a row and a column meet on a spreadsheet

Copying and Distribution Limitations Including the original, only a limited number of copies may be made of a project Two use copies, one of which, may be placed on reserve An additional copy for preservation to be used or copied only to replace a used copy that has been lost, stolen, or damaged For jointly created projects, each principal creator may retain one copy, but only as permitted by use and time restraints previously outlined

Downloading from the Internet Caution is advised in using digital material downloaded from the Internet Caution is advised in using digital material downloaded from the Internet –Internet access does not automatically mean that works can be reproduced and reused without permission or license –Some copyrighted works may have been posted to the Internet without authorization of the copyright holder

Attribution and Acknowledgement Requirements Crediting copyright ownership Identifying the source Including the copyright notice Special provisions for remote use

Copyright Ownership Information Includes: © Year of first publication Name of the copyright holder

Common Copyright Misconceptions: If something doesn’t have a copyright symbol, it is not copyrighted Copyright laws apply only to text If you change the media of the original image, then--for example, if you draw a copy of an image--you do not need to obtain rights to use the image If you do not publish the altered image, sell it, or display it publicly, you’re ok Copyright does not exist internationally

Additional Fair Use Considerations: Must be part of “systematic instructional activities” Must be directly related to teaching Must be in classrooms or similar places Must be without any purpose of direct or indirect commercial advantage Must be without payment of any fee or other compensation

Miscellaneous Information Much material available on the web is covered by copyright. You must acknowledge it For commercial users, get permission Make assumption that permission has not been received for anything on the web Its not necessary to have a copyright statement on the page in order for materials to be covered by copyright Closed circuit showings are automatically considered public performance and require a license Material taped off television or cable TV may not be shown at any time

Full Text of the Fair Use Guidelines are available at Check out this Web Site for more information Check out this Web Site for more information