COPYRIGHT AND MATH TEACHING Jerry Tuttle, FCAS, CPCU 1

May I play an audio clip in class?. 2 Photo:

May I show this photo in class? 3 Photo: (1689 portrait)

May I copy and distribute this graph in class? Social Security. CPI for urban wage earners and clerical workers 4

May I copy and distribute this journal article in class? Mathematics Teacher. September,

May I copy and distribute pages of a book in class?. 6

Outline Faulty copyright axioms. Who owns the copyright? Copyright owner’s exclusive rights. What is not subject to copyright? Classroom & online uses. Fair use; & so-called guidelines. Websites & blogs. Conclusion; References. 7

Faulty Axioms You didn’t get caught, so it’s legal. It’s on the Internet, so OK to copy. It doesn’t say “Copyrighted”, so OK to copy. Cite the source, so OK to copy. A teacher automatically has “fair use”. Law is absolute & unambiguous. 8

Who owns the copyright? Creator when work is tangibly fixed. No action required like ©. Owner has 5 exclusive rights. Rights last lifetime, + 70 years. Copyright for digital and non-digital work. Physical ownership is not copyright. 9

Copyright owner’s exclusive rights Make copies. Make derivative works. Distribute copies. Perform publicly. Display publicly. 10

Not subject to copyright? Facts and ideas. Public domain: Fed Govt; copyright expired. Or, just get permission Ask for permission. Owner may grant or license permission. 11

Creative Commons License Owner gives permission Search creativecommons.org 12

Classroom use – §110 (1) May perform or display copyrighted work. Those are 2 of 5 exclusive rights. Must have legal copy.. 13

Online education §110 (2) Perform or display comparable to live classroom. Those are 2 of the 5 exclusive rights. Limit to currently enrolled students. Tech. to prevent students from retaining. Must have legal copy.. 14

Fair use §107 Applies to all 5 exclusive rights. Purpose Nature Amount Effect Assess all 4 factors. 15

More on fair use Commercial use usually not fair use, unless transformative. Small amount used likely fair. Economic harm likely not fair. Multiple copies for teaching is not infringement, per §107 ! 16

May I copy and distribute this in class? 17 Data: Is #16 an outlier?

May I copy and distribute this in class? 18 Data: Photos: coed.com/2011/03-25/barry-bonds-before-and-after-steroids-14-pictures Is #16 explainable?

So-called guidelines Publishers w vested interests produce guidelines. Charts, 10% rule, “brevity”, “spontaneity”. This is not the law. Guidelines are not ceilings. Sufficient, but not necessary? One expert says, “The 10% rule is fiction.” 19

May I copy old AP exams and assign as homework? College Board’s site says: “For in-classroom use only... do not assign them as take-home” But what about Fair Use? 20

May I copy & distribute textbook pages? “No part of this publication may be reproduced … without prior permission of the publisher.” But what about Fair Use? 21

Websites, blogs, etc. Link instead of copying Internet material. Posting on website or blog is copying. Perform fair use analysis. Attribution not required. Couldn’t hurt Companies do troll Internet for violations. 22

Conclusions Most unauthorized use never discovered. Large-scale copying is infringment. Using your own work is always OK. Why are we so risk-averse? Have school statement reviewed by lawyers. Have someone available for copyright questions. 23

References Copyright Clearance Center. Creative Commons. Digital Media Law. Linking to copyrighted materials. copyrighted-materialshttp:// copyrighted-materials Hobbs, R. (2010). Copyright Clarity. Thousand Oaks, CA: Corwin. Stanford University Libraries. Copyright & Fair Use. United States Copyright Office. Copyright law of the United States. Title17 of the U.S. Code. University of Texas. Copyright Crash Course. 24