“Digital Copyrights” Welcome to VEGAS Baby! Presenter: Barry S. Britt Soundzabound Royalty Free Music 11/16/07 To link us to your site, go to THANKS!

DON’T DOWNLOAD THIS SONG!!

Copyright Cases During the end of the 2005 – 2006 school year, a large and affluent school district in (sorry, we took out the state name to omit speculation), who had large media programs for the students while running their own cable station, had been insistent that they were operating within “Fair Use”, and using only portions of songs which were not for profit. The district did not understand the proper meaning of “Fair Use”, and were forced to explain their actions to authorities. Thinking that their “Fair Use” explanation would hold up, the district was sited on 38 various law suits totaling over $30 million dollars. 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. In the case of one girl, she had shared over 5 thousand illegal downloads, and her current fine is at $3 million dollars.

“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

It’s not so hard to get permission for some things, you just have to ask. (see next slide)

Nobody’s perfect – we all break the law in some way. My downfall is speeding! (see next slide)

I don’t mind showing you the previous slide, because it demonstrates 2 things: 1.You can break the law, but you’d better be ready to pay the price. And… (see next slide)

2.It’s best not to break the law in the field in which you work. For example, if you’re a state trooper, by all means, don’t speed. If you work for the DEA, don’t take illegal drugs. Here’s a case in point: I recently, I heard a news report of an anger management counselor who beat his wife nearly to death and has now been convicted. How sad, and how hypocritical. So, if you work in education as a media or technology specialist, of all things, don’t break copyright laws – especially knowingly. And, get educated on what the law really says. Do not go by hear-say.

REMEMBER L.E.O. Legal – The law is the law, and we as educators have a responsibility to obey the law in our classroom setting. Ethical – If we do not obey the copyright laws, then what are we teaching our students about ownership and legal issues? Ownership – You do not own the music or material. It is not yours to use outside of home and personal use.

Click here: Copyright Questions with answersCopyright Questions I must clarify, one of the comments on this slide mentions crediting the author. When it comes to music especially, authors don’t always hold the copyright, so they can’t grant permission. I left the slide in to demonstrate that you can’t trust everything you see and read on-line…of course! However, the other basic answers are very helpful.

“If you are having to talk about Fair Use, then you’re already in trouble.” - Michael Brown, NY Copyright Attorney

“Technology has always challenged laws and policies.” -Glenda Morgan, Director of Technology and Learning Initiatives, George Mason University.

1.It’s easier to infringe on someone’s © or ®, ™, (circle P) or other intellectual property. 2.It’s easier for them to see me do it! What does digital mean to me?

“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”

“What to do” scenarios We’re studying classical music in our appreciation class. Can we use a Mozart song in a PowerPoint presentation? Answer: Yes. You can use 10% or 30 seconds. How else is your class going to know about Mozart if they don’t hear it! Do I need permission to put a link to another website on my page? Answer: No. Links are not copyrighted, however, be careful not to link deeper than the main page. I printed out some pages from the internet that pertain to my lesson, is this okay? Answer: Yes. Just don’t print the entire item. For example, if it’s and excerpt from USA Today, just print the related article, NOT the entire publication for that day. I know that some teachers are showing movies as “rewards” for students, should I be concerned? Answer: Absolutely you should be concerned. Movies that are not specifically licensed for your school are for home and personal use only.

“What to do” scenarios We did a pod-cast for teaching physical education to special education students at remote locations using pieces of copyrighted music. Are we ok in this? Answer: No you’re not ok, unless you have written permission from the copyright holder. Can we post our pod-cast on our website? Answer: Depends. If you own every aspect of the podcast as your sole creation, sure. If you’ve incorporated other copyrighted works for which you do not have permission to use, then the answer is “no”. Is it ok to use pieces of copyrighted music in our pod-cast? Answer: Not unless you have written permission from the copyright holder.

“What to do” scenarios We just completed our video yearbook, can we post that at on youtube? And, can we post it as well on our website? Answer: The answer is “yes” only if you own and created all the contents. If you’re using copyrighted music or images you do not have written permission to use, then the answer is “NO”. Go ahead, just do a search at for “video yearbooks”, and count the potential copyright infringements. Copyright infringement? Yes or No. You decide.

“What to do” scenarios I’m doing a report on the war in Iraq. Can I incorporate some photos I found on the internet? I find a newspaper article on-line or in print which supports my research, can I use it? I found a video on youtube which supports my project for education – can I use it? Answer: It depends. If the owner truly owns every element of the video, and, if you get their written permission…then sure. Think you can’t get permission? My 8 th grade daughter Bethany got permission. (Due diligence). (see next slide)….

A good method is to ask your question out loud, and sometimes the answer (NO) becomes obvious. 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? If our children’s new TV station is using a piece of a song as a theme song, without permission, is that a problem? (the answer is NO to each of these)

If we use a song to accompany a slide show, without permission from the composer, is that wrong?

I can download music legally from Napster True I can download music legally from Lime wire False I can download music legally from Kazaa False I can download music legally from I-tunes True

I purchased a song, I can burn to CD True I purchased a song, I can load to my player True I can send it to my friend by or on CD False I can use it as background music for my video False

What is legal use? Purchased from legal distributor for: Home use Personal use

Educational Use (Refer to) Fair Use Guidelines for Educational Multimedia The Conference on Fair Use met in 1997 to try and establish some guidelines for educational use.

Educational Use Fair Use Guidelines for Educational Multimedia 6.7 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.

Educational Use Fair Use Guidelines for Educational Multimedia 1997 However, In 2007 U.S. Copyright Office states: 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.

Educational Use Fair Use Guidelines for Educational Multimedia Section No web publishing No Must be on a secured, password protected network No copies

Other points in the Fair Use Guidelines Must be relevant to course content Used for face to face instruction (Wise to document in your lesson plan) One time use

So what do we as educators do to be 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.If Fair Use for Education is a possibility, use the 4-factor criteria. 5.Always document usage in your lesson plan. 6.Write a regional, district, school wide, or even class wide copyright policy statement to which all users must agree. 7.Use legitimate (legal) royalty free music, images, photos, and properly licensed video.

Links and Resources U.S. Copyright Office – Complying with the Digital Millenium Copyright Act - Copyright Workshop – Videos produced for education - Fair Use Guidelines - Free on-line information for teachers, parents and students published by the RIAA (Recording Industry Association of America) – Recording Industry Association of America Carol Simpson’s “Copyright Basics for Schools” – Linworth Publishing