Professional Development for Media and Technology Copyright Wisdom for Music and Digital Copyright Presented by: Barry S. Britt This presentation will be published online at

DON’T DOWNLOAD THIS SONG!! 8/18/ Professional Development for Media and Technology

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“If you have illegal Peer to Peer sharing devices on your home or school computer - such as Kazaa or Limewire - get rid of it, it’s not worth it!” - Barry S. Britt 8/18/ Professional Development for Media and Technology

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During the 2005–2006 school year, a large and affluent school district with large media programs for the students running their own cable station, was insistent that they were operating within the guidelines of “Fair Use,” using only portions of songs, not for profit.

The district personnel did not understand the proper meaning of “Fair Use,” and were forced to explain their actions to authorities. Although sure that their “Fair Use” explanation would hold up, the district was cited in 38 various law suits totaling over $30 million. Upon further research, the authorities also discovered peer-to-peer sharing of illegal music files among students, and filed separate lawsuits against the parents of guilty students. One girl had shared over 5,000 illegal downloads, and her current fine is at $3 million.

WHAT IS LEGAL USE? Purchased from a legal distributor for:  Home use  Personal use 8/18/ Professional Development for Media and Technology

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WHAT IS EDUCATIONAL USE? “Educational Use” refers to the Fair Use Guidelines for Educational Multimedia The Conference on Fair Use met in 1997 in order to establish some guidelines for educational use. 8/18/ Professional Development for Media and Technology

“If you are having to talk about Fair Use, then you’re already in trouble.” - Michael Brown, NY Copyright Attorney 8/18/ Professional Development for Media and Technology

Section 1.1 “…only the courts can authoritatively determine whether a particular use is fair use,…” FAIR USE GUIDELINES 8/18/2015Professional Development for Media and Technology 15

Section 1.1 “…uses that exceed these guidelines may or may not be fair use.” 8/18/ Professional Development for Media and Technology FAIR USE GUIDELINES

Crediting the source must adequately identify the source of the work, giving a full bibliographic description where available (including author, title, publisher, and place and date of publication). The copyright ownership information includes the copyright notice (©, year of first publication and name of the copyright holder). 8/18/ Professional Development for Media and Technology FAIR USE GUIDELINES Section 6.2 – Attribution & Acknowledgement

Section Licenses and Contracts Educators and students should determine whether specific copyrighted works, or other data or information are subject to a license or contract. Fair use and these guidelines shall not preempt or supersede licenses and contractual obligations. 8/18/ Professional Development for Media and Technology FAIR USE GUIDELINES

EDUCATIONAL USE 1997 Fair Use Guidelines for Educational Multimedia 8/18/ Professional Development for Media and Technology

8/18/ Professional Development for Media and Technology EDUCATIONAL USE The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Fair Use Guidelines for Educational Multimedia Section  No web publishing No  Must be on a secured, password protected network  No copies 8/18/2015Professional Development for Media and Technology 21 FAIR USE GUIDELINES

Important Points  Relevant to course content  Used for face to face instruction on a closed network  No duplication for distribution  Credit/ cite the copyright holder  One-time use 8/18/ Professional Development for Media and Technology FAIR USE GUIDELINES

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8/18/2015Professional Development for Media and Technology 24 L.E.O.

L egal – The law is the law, and we as educators have a responsibility to obey the law in our classroom setting. E thical – If we do not obey the copyright laws, then what are we teaching our students about ownership and legal issues? O wnership – You do not own the music or material. It is not yours to use outside of home and personal use. L.E.O. 8/18/2015Professional Development for Media and Technology 25

“Every person who writes a document published on the internet, who creates a graphic or icon, who scans his own photograph or records his own voice into a digital file, who sends an electronic mail message, who creates a document for a newsgroup, or who designs a web page owns the copyright to his creative work.” - Carol Simpson, “Copyright for Schools” 8/18/ Professional Development for Media and Technology

“Technology has always challenged laws and policies.” - Glenda Morgan, Director of Technology and Learning Initiatives, George Mason University. 8/18/ Professional Development for Media and Technology

8/18/2015Professional Development for Media and Technology 28 Important Points 1.It is easier to infringe on someone’s © or ®, ™, (circle P) or other intellectual property. 1.It is easier for them to see me do it! DIGITAL CONTENT

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What would you do?

I’m doing a report on the war in Iraq. Can I incorporate some photos I found on the internet? 8/18/2015Professional Development for Media and Technology 34

I printed out some pages from the internet that pertain to my lesson. Is this okay? 8/18/2015Professional Development for Media and Technology 35

If I find a newspaper article online or in print which supports my research, can I use it? 8/18/2015Professional Development for Media and Technology 36

Do I need permission to put a link to another website on my page? 8/18/2015Professional Development for Media and Technology 37

I found a video on YouTube which supports my project for education – can I use it? 8/18/2015Professional Development for Media and Technology 38

I know that some teachers are showing movies as “rewards” for students; should I be concerned? 8/18/2015Professional Development for Media and Technology 39

Several teachers want to view a video at the same time. Can we do this through a video distribution program? 8/18/2015Professional Development for Media and Technology 40

Can I show just a clip from a movie? 8/18/2015Professional Development for Media and Technology 41

We’re studying classical music in our Music Appreciation class. Can we use a Mozart song in a PowerPoint presentation? 8/18/2015Professional Development for Media and Technology 42

We just completed our video yearbook. Can we post it on YouTube? Can we post it on our website? 8/18/2015Professional Development for Media and Technology 43

We did a pod-cast for teaching physical education to special education students at remote locations using pieces of copyrighted music. Is this okay to do? 8/18/2015Professional Development for Media and Technology 44

Can we post our pod-cast on our website? 8/18/2015Professional Development for Media and Technology 45

Is it okay to use pieces of copyrighted music in our pod-cast? 8/18/2015Professional Development for Media and Technology 46

NOT SMART QUESTIONS  If I charge a donation to see the talent show, but don’t pay fees for the music I’m using, is that a problem?  If I purchase a song on I-Tunes, can I use it in our video yearbook? 8/18/ Professional Development for Media and Technology

8/18/2015Professional Development for Media and Technology 48 NOT SMART QUESTIONS  If we use a song to accompany a slide show without permission from the composer, is that wrong?  If our students’ new TV station is using a piece of a song for their theme song, without permission, is that a problem?

SO HOW DO WE, AS EDUCATORS, STAY COMPLIANT IN A DIGITAL ENVIRONMENT?

1. Use only course related content – don’t “stretch” it. If in doubt, don’t use a copyrighted piece without written permission. 2. Think. 3. Ask for permission. 4. Define education for your purposes… if you plan to claim “Fair Use.” 8/18/ Professional Development for Media and Technology

5. Always document usage in your lesson plan. 6. Write a regional, district, school wide, or even classroom copyright policy statement to which all users must agree. 7. Use legitimate (legal) royalty free music, images, photos, and properly licensed video. 8/18/2015Professional Development for Media and Technology 51

Professional Development for Media and Technology Digital Copyrights Presented by: Barry S. Britt This presentation will be published online at