Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. Teachers and The Law 7th Chapter 8 How Does Copyright Law Affect Me? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program. Copyright © Allyn & Bacon 2007

Key Concepts How Does Copyright Law Affect Me? Introduction to Copyright Law Materials Covered by Copyright Fair Use Created by the 1974 National Child Abuse Prevention and Treatment Act Copyright Violation Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

How Does Copyright Law Affect Me? Chapter 8 How Does Copyright Law Affect Me? Essential Question In what ways does the copyright law affect educators? Copyright © Allyn & Bacon 2007

Key Terms Chapter 8 Common-law copyright (106) Federal copyright law (106) Work for hire (107) Joint work (109) Reasonable effort (109) Independent contractor (110) Doctrine of Fair Use (111) Abrogate (117) Common-law copyright – right of first publication authors have the right to publish their writing first; gives authors exclusive right to control who can make copies of their work Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Case Presentation The Williams Case pp. 106-107 Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

History of Copyright Law Introduction to Copyright Law History of Copyright Law Copyright Law – gives the author the right to establish ownership of a creative work and to prevent anyone else from copying it or using it in any other way without the author’s permission Traced to Renaissance Italy 1600 England 1790 US Constitution 1976 Copyright Act 1978 Federal Legislature on Copyright 2002 TEACH Act -Italy – architects exclusive rights over work England – law protected the printer but not the author US Constitution: secured exclusive rights to writing and discoveries to authors and inventors 1978 Comprehensive to supersede most rules under the common law of copyright Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Materials Covered by Copyright Intellectual products before publication Drawings Writings Photographs Musical scores Grant proposals through a university to the government are not covered. Copyright is needed to protect material. Copyright Art of 1976 Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Obtaining Copyright Copyright Acts of 1976 includes the following: symbol © or the words “copyright” or Copr The year of first publication of the work The name of the owner of the copyright 1988 – Berne Convention Implementation Act discusses affixing the notice Register the copyright and deposit two copies of the work along with a nominal fee with the copyright office within three months Copyright © Allyn & Bacon 2007

Copyright Guidelines The right of first publication exists under common law exists indefinitely Copyrights last until 50 years Owner of copyright can transfer this right to someone else If two or more authors collaborate, they both own the right to the entire work Copyright © Allyn & Bacon 2007

Internet Copyright Law The 2001 Ninth Circuit court granted an injunctive relief against Napster Corporation requiring the corporation to ensure copyrighted music was no longer being distributed using its program. Enforcement of copyrights on the internet requires service providers to post copyright material and may reveal the identity of a user who posts material which infringes a copyright. Copyright © Allyn & Bacon 2007

Fair Use Courts consider the following criteria: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purpose; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; the effect of the use upon the potential market for value of the copyrighted work. It is possible to make copies of an author’s copyright work without first securing permission U.S. Supreme Court – Harper & Row – exclusive right to license prepublication excerpts of President Ford’s memoirs; they agreed to let TIME magazine publish an excerpt; but shortly before it was to appear---an unauthorized source sent a copy of the manuscript to the NATION (they used 300-400 words of the copyrighted material was used. It was found that there was a burden of proof to be proved by Harper Row and they can cancelled using this information Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Teachers and Fair Use Guidelines include the following: Make single copy of the copyrighted works for their own use in scholarly research or classroom preparation (ex. chapter, article, short story etc.) Make multiple copies for use in classroom; providing that the copying meets certain tests of brevity, spontaneity, and cumulative effect. There are exceptions to the “fair use” for libraries that follow standards. Page 113 Brevity – poem (250 words); complete article less than 2,500 words; excerpt of prose (1,000 words or 10%), one chart, diagram Spontaneity: inspiration Cumulative effect-used for one course, not more than one short poem, article, story, essay; two excerpts are copied from the same author, or more than 3 from the same collective work or periodical volume during one class term; not more than nine instances of such multiple copying for one course during one class term Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Copyright Use for Computer Software 1980 Federal Law – computer software is eligible for copyright Teachers who load a copyrighted program onto a classroom terminal or make a backup copy of a program are not infringing on copyright. Teachers who make copies of software for students are infringing on copyright. In 1992, the U. S. Departments of Justice and Education issued a report calling on schools to expand their teaching of the ethical use of computers. Copyright © Allyn & Bacon 2007

Fair Use To Videotape For Educational Purposes Federal allow allows only libraries or archives to tape an audiovisual news program In 1979, the House Judiciary Committee developed appropriate guidelines. In 1984, U.S. Supreme Court established a standard for fair use in videotaping. 1979: guidelines – nonprofit educational institutions may videotape only 45 days (unless they obtain license); then tape must be erased; During the first 10 consecutive school days after taping, teachers may use the tapes for instructional purposes….repeat only for purposes of instructional reinforcement; after 10 day period, tape may be used only for purposes of evaluating its educational usefulness 1984 Sony sale of videotaping equipment to the general public constituted an infringement of copyright…court held that private home-use time shifting was permissible, did not endorse using this outside the home; Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Copyright Violation When schools are considered as an agency of the state government , they are immune from suit under the 11th Amendment. in most states, however, local boards of education are not considered state agencies. Penalties for violating copyright: Court may issue injunction or may impound all copies claimed to be in violation. Copyright owner may collect monetary awards. Criminal sanctions may be levied if the violation was proven willful and for purposes of commercial or private gain. Monetary awards – actual damages the copyright owner has sustained; or the amount to be determined by the court (range is $500-$20,000 for an infringement of any one week….or increase to $100,000 Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Analysis of The Williams Case Copyright © Allyn & Bacon 2007

Case Study Initial Proceedings Complaint Defendant Answers (30 days) or motion to dismiss Facts of claim by plaintiff seeks Complaint Interrogatories Depositions Document Requests Case Study Discovery Begins Settlement Conference Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Copyright © Allyn & Bacon 2007

How Does Copyright Law Affect Me? Chapter 8 How Does Copyright Law Affect Me? Based upon the copyright law, how will you address potential copyright violations in your school setting? Copyright © Allyn & Bacon 2007