Copyright Pebblebrook High School July 29, 2010

What is copyright? Legal definition: A copyright is attached to an original work of art or literature & gives the creator exclusive rights. No one else may use, copy or alter the work without permission or under certain circumstances Work created since 1978 has copyright protection as soon as it’s in tangible form. Work created before 1978 has copy right protection for 75 years. U.S. Copyright Office

Fair Use Guidelines for Educators Purpose of use Nature of the work Amount of the work used Effect on marketability or value A copyrighted work may be used or copied for educational purposes under fair use conditions. Copyright law provides four standards to determine fair use:

Why be concerned about copyright? Legal - Penalties are harsh and expensive. Teachers who violate established policy receive no legal support from the school district. Ethical - Taking someone’s property is stealing. Teachers must model honesty and truthfulness.

Fair Use of Copyrighted Print Materials Make and retain a single copy for the teacher Make one copy per student, if the work is brief, spontaneously copied, and it had no effect on marketing the work. Copies must contain copyright information. When used for face-to-face teaching, educators may :

Fair Use of Copyrighted Print Materials Make or use multiple copies again and again. Copy to avoid purchase of textbook or other material. Copy more than one or two excerpts from a single author during a class term. Copy from workbooks, tests or other consumables meant for one student to use once. Copy if directed by a higher authority. Educators cannot: Educators can request permission to override the copyright limits.

Fair Use of Off-Air Taping It must be viewed within 10 consecutive school days and only for face-to face instruction, not a time-filler. The tapes may be held for 45 days after taping so that teachers may go over them for their own reviewing or background information. They may not be shown to students during this time. The recording must be requested. The media specialist cannot tape for anticipated use. Taping of programs shown on channels other than the instructional stations is allowed with the following limits:

Fair Use of Off-Air Taping (continued) Multiple copies of a taped program can be made only if more that one teacher requests such a taping. A teacher can only request a program once per teaching year. Any taped program must contain copyright notice. It may not be altered or merged with another program. Taping of programs shown on channels other than the instructional stations is allowed with the following limits:

Fair Use of Music Up to 10% of a copyrighted music composition and may reproduce, perform, and display it as a part of a multimedia program produced by the educator or for educational purposes. A maximum of 30 seconds per musical composition may be used for an educational purpose. Educators are permitted to use:

Fair Use of Videos Use video that states “Home Use Only” is acceptable if purchased or rented by the school for curriculum-based, face-to-face instruction. Videos may be copied for archival purposes or to replace lost, damaged or stolen copies if replacements are not available at a fair price or in a viable format. Copy commercial videos for classroom use. Use videos for entertainment purposes, not educational use. Play videos outside of the regular classroom without public performance rights or express permission. Broadcast videos (outside the building) without permission or a license. (including DVD & Laser Discs) Educators are allowed to:Educators aren’t allowed to:

Fair Use of Closed Circuit TV To distribute videos over closed circuit, the videos must be purchased with closed circuit rights.

Videotaping student performances No videotaping copyrighted plays or music. Must have a signed release form to video or display student images.

Fair Use of the Internet Download public domain software. Download images for student projects and teacher lessons. Download sound files and video for use in multimedia projects. However they must follow the Fair Use for Music and Video guidelines. Post links to legitimate sources. Upload copyrighted software to the Internet for downloading. Collect materials off the Internet and compile them into a new work. Repost resources from the Web back on to the Internet without permission. Download resources that have not been legitimately acquired by the website. Educators are allowed to:Educators aren’t allowed to:

References Becker, Gary. Copyright. Report in “What is Copyright?” by Brenda Myers, Simpson, Carol. “Copyright 101.” Educational Leadership. January 2002.

Wonderful Websites PBS Library, University California, Berkeley A Teacher's Guide to Fair Use and Copyright by Cathy Newsome Go to the following sites and search on copyright: Technology & Learning Cable in the Classroom Association for Supervision and Curriculum Development (ASCD)