Using Copyright Protected Materials For Education Assignment 10: Major Project by Dave Winogron EDD 8434 – – OL3 School Law – Dr. Robert J. Safransky Nova Southeastern University December 2, 2007

2 Copyright –  l l l legal protection granted creators or authors of original works

3 What does copyright protect?  literary works  musical works including lyrics  dramatic works including accompanying music  pantomimes and choreographic works

4 What does copyright protect?  pictorial, graphic, and sculptural works  motion pictures and other audiovisual works  sound recordings  architectural works

5 Copyright –  legal protection granted creators or authors of original works

6 Copyright –  legal protection granted creators or authors of original works  protection for published and unpublished work

7 Copyright’s main purposes:

8  protection of author's right to benefit from valuable work

9 Copyright’s main purposes:  protection of author's right to benefit from valuable work  protection of author's right to control how work is used

10 Why should educators be concerned with copyright?

11 Why should educators be concerned with copyright?  student learning experiences enhanced by outside resources

12 Why should educators be concerned with copyright?  student learning experiences enhanced by outside resources  these resources are often copyrighted materials

13 Why should educators be concerned with copyright?  teachers and administrators must be aware of copyright

14 Why should educators be concerned with copyright?  teachers and administrators must be aware of copyright  students must also be aware of copyright

15 Copyright –  legal protection to authors/creators of original works

16 Copyright –  legal protection to authors/creators of original works  literary, dramatic, music, artistic, & certain other individual works

17 Copyright –  legal protection to authors/creators of original works  literary, dramatic, music, artistic, & certain other individual works  protection for published & unpublished work

18 Copyright – History English License Act of 1662  Company of Stationers of London official printer of the realm

19 Copyright – History English License Act of 1662  Company of Stationers of London official printer of the realm  ownership by printer

20 Copyright – History Statute of Anne  English Parliament established author’s ownership of copyright

21 Copyright – History Statute of Anne  English Parliament established author’s ownership of copyright  fixed term of copyright protection

22 Copyright – History U.S. Constitution Article I, Section 8

23 Copyright – History U.S. Constitution Article I, Section 8  “the Congress shall have power…to promote progress of science and useful arts, secured for limited times to authors and inventors the exclusive right to their respective writings and discoveries”

24 Copyright – History The Copyright Act  Congress implemented copyright provision of U.S. Constitution

25 Copyright – History The Copyright Act  Congress implemented copyright provision of U.S. Constitution  required registration of copyright

26 Copyright – History Copyright Act of 1909  extended copyright duration to 28 years

27 Copyright – History Copyright Act of 1909  extended copyright duration to 28 years  extended categories protected

28 Copyright – History The Copyright Act of 1976  basis of copyright law in the United States

29 Copyright – History The Copyright Act of 1976  basis of copyright law in the United States  extended copyright protection to 50 years after creator's death

30 Copyright – History Berne Convention Implementation Act of 1988  U.S. adoption of international copyright treaty

31 Copyright – History Berne Convention Implementation Act of 1988  U.S. adoption of international copyright treaty   posted copyright notice not required to be protected by copyright law

32 Copyright – History The Digital Millennium Copyright Act 1998  Copyright of print material applies to Internet use

33 Copyright – History The Digital Millennium Copyright Act 1998  Copyright of print material applies to Internet use  Copyright protection systems

34 Copyright – History The Digital Millennium Copyright Act 1998  Copyright of print material applies to Internet use  Copyright protection systems  Link to page within web site not allowed

35 Copyright – History Technology, Education, and Copyright Harmonization Act (TEACH)  Not infringement of copyright for teachers and students under certain conditions

36 Public Domain  work published before January 1, 1923  work published between without valid copyright or not renewed

37 Public Domain  work authored by government employees  work that copyright owner granted to public domain

38 Public Domain  no work published after January 1, 1978, will pass into the public domain until at least 2048

39 Legal use of material for education?

40 Legal use of material for education?  Ask for permission from copyright holder

41 Legal use of material for education?  Ask for permission from copyright holder  Fair Use

42 Legal use of material for education?  Ask for permission from copyright holder  Fair Use  TEACH Act

43 Legal use of material for education?  Provide links to sites with rights to material

44 Legal use of material for education?  Provide links to sites with rights to material  All materials must contain citations

45 Fair Use –  exemption for limited use of work without permission

46 Fair Use –  exemption for limited use of work without permission  criticism or commentary  summary or quotation for news reporting  research and scholarship  parody of another's work  nonprofit educational use

47 Fair Use –  Guidelines  Purpose of use

48 Fair Use –  Guidelines  Purpose of use  Nature of work

49 Fair Use –  Guidelines  Purpose of use  Nature of work  How much used

50 Fair Use –  Guidelines  Purpose of use  Nature of work  How much used  Effect on the market

51 Fair Use –  How much may be used Examples:   A poem of less than 250 words or an excerpt of 250 words from longer poems

52 Fair Use –  How much may be used Examples:   articles, essays, or stories less than 2500 words   excerpts from longer work 10% or 1000 words, whichever is less

53 Fair Use –  How much may be used Examples:  -  video - three minutes or 10%, whichever is less may be used by teachers or students as part of a multimedia program

54 Fair Use –  How much may be used Examples:  -  audio - 30 seconds or 10% of music may be used by teachers or students as part of a multimedia program

55 However, If use does not qualify as fair use then citing source or author does not protect against charge of copyright infringement.

56 TEACH Act – conditions  Accredited, nonprofit educational institution  Direct supervision of instructor  Content-related, not entertainment

57 TEACH Act - conditions  Limited to students enrolled  Technological measures  Notification work copyrighted  Notification work copyrighted

58 Teachers and students must use materials in a legal fashion

59 Legal and ethical behavior imperative Large civil judgments against individuals and institutions for copyright infringement

60 Remember - The same technology that allows for ease-of-use can also be used to track infringement.

61 References DR_ORGANIZATIONS/FLDR_INFOTECH/BUL- 714%20ADOBE%205.0.PDF DR_ORGANIZATIONS/FLDR_INFOTECH/BUL- 714%20ADOBE%205.0.PDF allegislation/dmca/dmcadigitalmillenium.cfm allegislation/dmca/dmcadigitalmillenium.cfm eline.shtml eline.shtml

62 References

63 References hp hp