as applied to Madison City Schools

2 Material from Gary Becker’s book Copyright: A Guide to Information And Resources, 2 nd Edition (1997) Material from Gary Becker’s book Copyright: A Guide to Information And Resources, 2 nd Edition (1997)

3 Basic Copyright Law

4 What is Copyright? EXCLUSIVE Copyright is the legal EXCLUSIVE right of the author to control the copying and use of their work.

5 Berne World Copyright Convention in 1989 Since the Berne World Copyright Convention in 1989, almost everything created privately and originally is copyrighted and protected whether it has a notice or not.

6 Copyright & Time Limits: Works Copyrightedbefore 1978 Works Copyrighted before 1978: 28 years and renewal of 47 years Works Copyrightedin 1978 &After Works Copyrighted in 1978 & After : Life of the author, + 50 years (If joint authors, life + 50 years of surviving author) Works Copyrightedbefore 1978 Works Copyrighted before 1978: 28 years and renewal of 47 years Works Copyrightedin 1978 &After Works Copyrighted in 1978 & After : Life of the author, + 50 years (If joint authors, life + 50 years of surviving author)

7 Author's Rights Copyright owners have EXCLUSIVE rights to: 1. Reproduction of work. 2. Prepare a derivative work based on copyrighted work. 3. Distribution of the work by public sale, transfer of ownership, or by rental lease. 4. Performance of the work publicly. 5. Display of the work publicly. Copyright owners have EXCLUSIVE rights to: 1. Reproduction of work. 2. Prepare a derivative work based on copyrighted work. 3. Distribution of the work by public sale, transfer of ownership, or by rental lease. 4. Performance of the work publicly. 5. Display of the work publicly.

Fair Use

9 What is Fair Use? Fair Use Fair Use is an United States exception to the copyrights of an author.

10 Fair Use Concept Fair Use “The “Fair Use" concept varies from country to country, and has different names ( such as “Fair Dealing" in Canada ) and other limitations outside the USA. “

11 Presupposes good faith and fair dealing. Balancing Fair Use Fair Use 1. Fair Use is designed to balance the protection rights of the author with the needs of society. Fair Use 2. Fair Use presupposes good faith & fair dealing.

12 Reason for Fair Use Fair Use The “Fair Use" exemption was created to allow things like commentary, parody, news reporting, research, education, etc. for copyrighted work without the permission of the author.

13 Applying Fair Use Reproduction of an entire work can be a major copyright problem. FAIR USE is usually a short excerpt and one should not use more of the work than necessary. Fair Use: Using movies in the classroom should not harm the commercial value of the work -- in the sense that people no longer need to buy the original. Reproduction of an entire work can be a major copyright problem. FAIR USE is usually a short excerpt and one should not use more of the work than necessary. Fair Use: Using movies in the classroom should not harm the commercial value of the work -- in the sense that people no longer need to buy the original.

14 Fair Use & Videos Fair Use generally applies to written materials. (Books, Articles, Speeches, etc.) Fair Use exemptions are limited when dealing with Videos. The copying of Videos, DVDs, CDs have specific legal copyright requirements. See: Videotaping and Copyright Fair Use generally applies to written materials. (Books, Articles, Speeches, etc.) Fair Use exemptions are limited when dealing with Videos. The copying of Videos, DVDs, CDs have specific legal copyright requirements. See: Videotaping and Copyright

15 Courts & Fair Use The U. S. Courts follow FOUR criteria in determining Fair Use.

16 Court’s 1 st Criteria for FAIR USE 1. Purpose & Character of Use: Is the item used for commercial or nonprofit educational uses?

17 Court’s 2 nd Criteria for FAIR USE 2. Nature of the Copyrighted Work: Material designed for educational use are less susceptible to a claim of Fair Use. Fair Use is greater in the case of factual works than for creative, original, or fiction works. 2. Nature of the Copyrighted Work: Material designed for educational use are less susceptible to a claim of Fair Use. Fair Use is greater in the case of factual works than for creative, original, or fiction works.

18 Court’s 3 rd Criteria for FAIR USE. The quantity & quality of the portion copied in relation to the whole body of work. 3. The quantity & quality of the portion copied in relation to the whole body of work.

19 Court’s 4 th Criteria for FAIR USE 4. The effect of the use upon the potential market or the value of the copyrighted work.

20 Remember the Concepts of Fair Use “Facts and ideas can't be copyrighted, but their expression and structure can.” “You can always write the facts in your own words.” “Facts and ideas can't be copyrighted, but their expression and structure can.” “You can always write the facts in your own words.”

21 A Teacher’s Legal Liability Fair Use The court must waive statutory penalty for an employee of a nonprofit school or library, where the employee can prove they believed they were operating under “Fair Use” interpretation. Ruling Does Not Eliminate Civil Suits!!! Fair Use The court must waive statutory penalty for an employee of a nonprofit school or library, where the employee can prove they believed they were operating under “Fair Use” interpretation. Ruling Does Not Eliminate Civil Suits!!!

22 Copyright Infringement Penalties $ to $ 20,000 per Infringement * $ to $ 20,000 per Infringement. If the law is broken by willful intent, statutory penalty may be raised to $ 100,000. $ to $ 250,000 per Infringement and/or * $ to $ 250,000 per Infringement and/or 1-5 years imprisonment, if found guilty of willfully infringing on the law for private or commercial gain. $ to $ 20,000 per Infringement * $ to $ 20,000 per Infringement. If the law is broken by willful intent, statutory penalty may be raised to $ 100,000. $ to $ 250,000 per Infringement and/or * $ to $ 250,000 per Infringement and/or 1-5 years imprisonment, if found guilty of willfully infringing on the law for private or commercial gain.

23 Madison City Schools The Madison City School Board has indicated that it will not legally support, nor employee, any teacher that knowingly infringes on or shows disregard for U.S. Copyright Laws.

24 Copyright & Photocopying

25 Making a Single Copy When is it legal? 1. A chapter of a book. 2. An article from a periodical or newspaper. 3. A short story, short essay or short poem. 4. A chart, diagram, cartoon or picture from a book, periodical, etc. When is it legal? 1. A chapter of a book. 2. An article from a periodical or newspaper. 3. A short story, short essay or short poem. 4. A chart, diagram, cartoon or picture from a book, periodical, etc.

26 Making Several Copies When is it legal? 1. A complete poem, if less than 250 words. 2. An excerpt from a longer poem, not to exceed 250 words. 3. A complete article, story, or essay of less than 2,500 words. When is it legal? 1. A complete poem, if less than 250 words. 2. An excerpt from a longer poem, not to exceed 250 words. 3. A complete article, story, or essay of less than 2,500 words.

27 MULTIPLE Photocopying 4. Excerpt from a larger article, story, or essay NOT to exceed 2,500 words or 10% of the whole, whichever is less. 5. One chart, graph, diagram, cartoon, or picture per book or periodical issue. 6. Special works containing prose, poetry, and illustrations, but limited to no more than 10% of the total works. 4. Excerpt from a larger article, story, or essay NOT to exceed 2,500 words or 10% of the whole, whichever is less. 5. One chart, graph, diagram, cartoon, or picture per book or periodical issue. 6. Special works containing prose, poetry, and illustrations, but limited to no more than 10% of the total works.

28 Cartoons Syndicated or Copyrighted Cartoon Characters Cartoon Characters are NOT Permitted to be Copied. Syndicated or Copyrighted Cartoon Characters Cartoon Characters are NOT Permitted to be Copied.

29 Limits to Photocopying 1. Copy is made for ONE course only. 2. One work from a single author. 3. NO more that three authors from a collective work. 4. NO more than nine instances of multiple copying in ONE TERM. 1. Copy is made for ONE course only. 2. One work from a single author. 3. NO more that three authors from a collective work. 4. NO more than nine instances of multiple copying in ONE TERM.

30 Limits to Photocopying 5. Copying does not replace or substitute for anthologies or collective work. 6. Same item is not reproduced TERM to TERM. 7. NO charge made to students beyond actual photocopy cost. 5. Copying does not replace or substitute for anthologies or collective work. 6. Same item is not reproduced TERM to TERM. 7. NO charge made to students beyond actual photocopy cost.

31 Photocopying of Out-of-Print Material Out-of-Print is not necessarily Out-of-Copyright; If copyright is still in effect, you must request permission. Out-of-Print is not necessarily Out-of-Copyright; If copyright is still in effect, you must request permission.

Copyright & Videos or DVDs in the Classroom

33 Videos & DVDs in the Classroom. Teachers are not allowed to use rental Videos or DVDs in MCS classrooms. Madison City School Board Section 110(1)

34 The reason for NO Rental Videos in a MCS classroom is the contract signed when you originally enrolled with your video rental provider generally states, that you will abide with U. S. Copyright Laws and rental videos are for "Home Use Only." There are always some gray area arguments in Copyright Law. However, the national literature recommends that school districts take the legally safe approach to video rentals. In today’s legal world, teachers and their school districts are actively being sued for copyright infringements. Past suits were for showing free or rented "Home Use Only" videos acquired from rental companies and then shown to large groups of people, such as: students in the classroom, church groups, college campus groups, etc. Without permission from the Movie Corporations.

35 Videos & DVDs in the Classroom. Copyright law requires that the use of videos in the classroom: Academic Purposes only. 1. Must be for Academic Purposes only. 2. Must be part of a Teacher’s Active Lesson Plan. Reward Entertainment Value 3. Can NOT be for just Reward or strictly Entertainment Value.

36 Videos & DVDs that are Approved for Classroom Use 1. Teachers are allowed to show: School owned Videos & DVDs. Public Library Videos & DVDs. Teacher owned Videos & DVDs. Providing the video is directly related to instruction & incorporated into the teacher’s active lesson plan.

37 Copyright and Videotaping

38 Off-Air Videotaping #1 (Teacher & Classroom Use) The privilege of off-air taping applies only to non-profit educational institutions. Programs taped must be used directly for instruction and not entertainment. Programs may only be taped from broadcasting stations from which no payment is made to receive programs. Knology provides MCS free cable access. The privilege of off-air taping applies only to non-profit educational institutions. Programs taped must be used directly for instruction and not entertainment. Programs may only be taped from broadcasting stations from which no payment is made to receive programs. Knology provides MCS free cable access.

39 Off-Air Videotaping 45 /10 Day Rule: 45 /10 Day Rule: If you do not know the copyright time period allotted to a video, then a teacher has 10 school days to view the video once in each class, & 45 days to erase the video. 45/10 day rule Videos using the 45/10 day rule, may only be used with students during first 10 consecutive school days. 45 /10 Day Rule: 45 /10 Day Rule: If you do not know the copyright time period allotted to a video, then a teacher has 10 school days to view the video once in each class, & 45 days to erase the video. 45/10 day rule Videos using the 45/10 day rule, may only be used with students during first 10 consecutive school days.

40 Off-Air Videotaping #3 (Teacher & Classroom Use) Recordings may only be made at the request of or by teachers. No broadcast program may be recorded off-air more than once for the same teacher, no matter how many times broadcast. Recordings may only be made at the request of or by teachers. No broadcast program may be recorded off-air more than once for the same teacher, no matter how many times broadcast.

41 Off-Air Videotaping #4 (Teacher & Classroom Use) Limited number of copies may be made to service all teachers requesting use, but all governed by same 10 day use, 45 day erasure period. Program must be recorded in its entirety and may not be altered/edited. Limited number of copies may be made to service all teachers requesting use, but all governed by same 10 day use, 45 day erasure period. Program must be recorded in its entirety and may not be altered/edited.

42 Taping from Satellite or Cable (Teacher / Classroom Use) #2 Permissible when copyright holder offers rights without requesting. (Examples: Cable in the Classroom programming; C-Span; Channel One; special Satellite Broadcasting) May tape programs from cable that may also be received on local, open-air broadcast stations. (Same channels you can receive with “rabbit ears” that are carried on cable). Permissible when copyright holder offers rights without requesting. (Examples: Cable in the Classroom programming; C-Span; Channel One; special Satellite Broadcasting) May tape programs from cable that may also be received on local, open-air broadcast stations. (Same channels you can receive with “rabbit ears” that are carried on cable).

43 Using Videotapes with the “Home Use Only” Warning Label #1 Purchased videos may be used for direct instruction only & not for strictly entertainment purposes. Rental videos are not permitted in the Madison City Schools. Purchased videos may be used for direct instruction only & not for strictly entertainment purposes. Rental videos are not permitted in the Madison City Schools.

44 Using Videotapes with the “Home-Use-Only” Warning Label #2 3. Libraries may acquire and loan videos. 4. Libraries wishing to make videos available for public viewing in the library would need to obtain public performance rights. 3. Libraries may acquire and loan videos. 4. Libraries wishing to make videos available for public viewing in the library would need to obtain public performance rights.

45 Teradon System is a Closed Circuit TV System or CCTV. 1. In general, copyright permission is granted for instructional programs to be viewed in the classroom by educational venders. However, some may charge for closed circuit rights or may require separate permit for CCTV use. 2. Most educational video venders give copyright permission to use their videos in a CCTV system or stand alone TV. 1. In general, copyright permission is granted for instructional programs to be viewed in the classroom by educational venders. However, some may charge for closed circuit rights or may require separate permit for CCTV use. 2. Most educational video venders give copyright permission to use their videos in a CCTV system or stand alone TV.

46 Using Videos on Closed Circuit Systems (CCTV) #2 3. Discovery Channel will NOT give permission to use their videos in a Teradon System /CCTV System. However, they do give permission for their products to be shown to one class at a time, using a TV & VCR/DVD unit. Their reasoning: CCTV systems allow more than one class at a time to view a video. 3. Discovery Channel will NOT give permission to use their videos in a Teradon System /CCTV System. However, they do give permission for their products to be shown to one class at a time, using a TV & VCR/DVD unit. Their reasoning: CCTV systems allow more than one class at a time to view a video.

47 Using Videos on Closed Circuit Systems (CCTV) # 3 4. In general, programs provided by State Departments of Education, higher education governing boards, or State Library Systems can be used with a CCTV system.

Copyright & Computers, Internet & CDs

49 Making Copies of Computer Software By law, the legitimate owner of a legitimate copy of software may: 1. Make a copy or adaptation of the program in order to be able to use the program with the machine. 2. Make a copy for archival / preservation / back-up purposes. (Cannot be used as another working copy). By law, the legitimate owner of a legitimate copy of software may: 1. Make a copy or adaptation of the program in order to be able to use the program with the machine. 2. Make a copy for archival / preservation / back-up purposes. (Cannot be used as another working copy).

50 Copying from CD/ROM Sources: In general, you may copy information from a CD-ROM, if you are applying the photocopying guidelines.

51 Copying from the Internet Unless otherwise stated, one should assume that all materials on the Internet, including web sites, are copyrighted and that existing copyright guidelines apply. When in doubt, permission should be secured from the copyright holder. Unless otherwise stated, one should assume that all materials on the Internet, including web sites, are copyrighted and that existing copyright guidelines apply. When in doubt, permission should be secured from the copyright holder.

52 Using Copyrighted Material in Multi-Media Productions #1 User Limitations: STUDENT May create, perform and display multimedia productions, for educational uses, only in the course for which it was created and may retain for portfolio use. User Limitations: STUDENT May create, perform and display multimedia productions, for educational uses, only in the course for which it was created and may retain for portfolio use.

53 Using Copyrighted Material in Multi-Media Productions #2 User Limitations: EDUCATORS May create, perform and display multimedia productions for educational uses, for the purposes of face-to-face instruction, assigning students to self- study, for remote instruction to students, at peer conferences and may retain for their professional portfolio. User Limitations: EDUCATORS May create, perform and display multimedia productions for educational uses, for the purposes of face-to-face instruction, assigning students to self- study, for remote instruction to students, at peer conferences and may retain for their professional portfolio.

54 Using Copyrighted Material in Multi-Media Productions #3 Time Limitations: STUDENTS May only use their productions for and during the course for which it was prepared. However, they may retain, indefinitely, for their personal portfolio. Time Limitations: STUDENTS May only use their productions for and during the course for which it was prepared. However, they may retain, indefinitely, for their personal portfolio.

55 Using Copyrighted Material in Multi-Media Productions #4 User Limitations: EDUCATORS May create, perform and display multimedia productions for educational uses, for the purposes of face-to-face instruction, assigning students to self-study, for remote instruction to students, at peer conferences and may retain for their professional portfolio. User Limitations: EDUCATORS May create, perform and display multimedia productions for educational uses, for the purposes of face-to-face instruction, assigning students to self-study, for remote instruction to students, at peer conferences and may retain for their professional portfolio.

56 Using Copyrighted Material in Multi-Media Productions #5 Portion Limitations: Motion Media May take up to 10% or 3 minutes, whichever is less, in the aggregate, of a copyrighted motion media work. Portion Limitations: Motion Media May take up to 10% or 3 minutes, whichever is less, in the aggregate, of a copyrighted motion media work.

57 Using Copyrighted Material in Multi-Media Productions #6 Portion Limitations: Text Material Poems longer than 250 words, may use 250 words, but no more than 3 excerpts by a poet, or single excerpts from different poets from a single anthology. Portion Limitations: Text Material Poems longer than 250 words, may use 250 words, but no more than 3 excerpts by a poet, or single excerpts from different poets from a single anthology.

58 Using Copyrighted Material in Multi-Media Productions #7 Portion Limitations: Music, Lyrics, Music Video: 1. May use up to 10% or a maximum of 30 seconds of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work). 2. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work. Portion Limitations: Music, Lyrics, Music Video: 1. May use up to 10% or a maximum of 30 seconds of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work). 2. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

59 Using Copyrighted Material in Multi-Media Productions #8 Portion Limitations: Illustrations & Photographs: 1. When using photographs or illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be used. 2. No more than one copy of a single images by an artist or photographer may be used. Portion Limitations: Illustrations & Photographs: 1. When using photographs or illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be used. 2. No more than one copy of a single images by an artist or photographer may be used.

60 Using Copyrighted Material in Multi-Media Productions #9 Portion Limitations: Numerical Data Sets 1. May take up to 10% or 2500 fields, whichever is less, from a copyrighted database or data table. Portion Limitations: Numerical Data Sets 1. May take up to 10% or 2500 fields, whichever is less, from a copyrighted database or data table.

61 Copyright Office Address Copyright Office, Library of Congress, Washington, DC. 1. To speak to an information specialist, M-F, 8:30-5:00, call (They do not interpret the law) 2. To request publications or applications forms, 24hrs a day, call Web site: Copyright Office, Library of Congress, Washington, DC. 1. To speak to an information specialist, M-F, 8:30-5:00, call (They do not interpret the law) 2. To request publications or applications forms, 24hrs a day, call Web site:

62 Contact your school’s library media specialist or an administrator if you have specific questions related to copyright. (PowerPoint provided by Debbie Cox and Madison City Schools, 2009)