Department of Professional & Staff Development Career Tech and Special Education Who’s Getting Sued for Fair Use and Why The Truth You Need to Know Presented by: Barry Starlin Britt, ASCAP Member, President, Co-founder, Dir. Of Licensing & Copyright Compliance

Who’s Getting Sued for Fair Use? Regional Service Centers School Districts School Sites Individuals Parents Teachers Students Administrators Professional Development for Media and Technology 2

Why? Fair Use Guidelines – What is permitted – What is not permitted – Loopholes Media Permissions Branding Professional Development for Media and Technology 3

COPYRIGHT CASE During the 2005–2006 school year, a large and affluent school district with large media programs for the students running their own cable station, was insistent that they were operating within the guidelines of “Fair Use,” using only portions of songs, not for profit.

COPYRIGHT CASE (CONT.) The district personnel did not understand the proper meaning of “Fair Use,” and were forced to explain their actions to authorities. Although sure that its “Fair Use” explanation would hold up, the district was cited in 38 various law suits totaling over $30 million.

COPYRIGHT CASE (CONT.) Upon further research, the authorities also discovered peer- to-peer sharing of illegal music files among students, and filed separate lawsuits against the parents of guilty students. One girl had shared over 5,000 illegal downloads, and her current fine is at $3 million.

“If you are having to talk about Fair Use, then you’re already in trouble.” - Michael Brown, NY Copyright Attorney Professional Development for Media and Technology 7

Important Points Relevant to course content Used for face to face instruction on a closed network No duplication for distribution Credit/ cite the copyright holder One-time use Professional Development for Media and Technology 8 FAIR USE GUIDELINES

9 In this digital day and age, the bigger concern is now branding, privacy, safety and security in addition to copyright.

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“Every person who writes a document published on the internet, who creates a graphic or icon, who scans his own photograph or records his own voice into a digital file, who sends an electronic mail message, who creates a document for a newsgroup, or who designs a web page owns the copyright to his creative work.” - Carol Simpson, “Copyright for Schools” 13

Professional Development for Media and Technology 14 StudentsCreatorsTeachers Copyright Holders

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Does It Matter? Over the last 10 years, we have seen a startling number of students who have left high school with no knowledge of media permissions, a vague understanding of copyright and incorrect information regarding Fair Use. Next, these students enter college or the workforce bringing major lawsuits on themselves, their schools or companies because they were not properly instructed. This does, in fact, affect our workforce and economy. Professional Development for Media and Technology 16

Professional Development for Media and Technology 17 Ethics Ownership Workforce Economy Legal L. E. O.

Take Action If you are trying to keep up with Copyright, your efforts and policies will be outdated as soon as they are written. If you ignore Copyright, and or do not apply Fair Use properly, you will, more than likely, get into trouble. If you embrace Media Permissions and Ethics, you will supersede Copyright, improve the economy, and get over antiquated debates regarding Fair Use and Ownership. Join us in the 21 st Century! Professional Development for Media and Technology 18

5. Rights of Licensee: This Agreement is for Worldwide Master and Composition uses solely for use in education: Licensee may use the Masters, Compositions and Materials solely for school-related or school-supported activities and functions, including school fundraisers, within the school community including, but not limited to, the following: xxxxxx Date 12/11/2009 Licensor for the SOUNDZABOUND TM Music Library Professional Development for Media and Technology 19

20 Media Permissions & Ethics Program Superseding Copyright in the 21 st Century If you are trying to keep up with copyright and Fair Use, you will fall behind. If you ignore it, you will more than likely get into trouble. ●Teachers, students and administrators learn how to obtain multimedia rights for use in projects, presentations, podcasts, videos, broadcasts and more ●Leads to copyright compliance (actually surpasses copyright), proper application and documentation of Fair Use, securing of branding rights, while having fun in the process ●Stimulates The Economy ●Trains for necessary 21 st Century Skills

Professional Development Workshops Digital Copyright Wisdom Media Permissions and Ethics Podcasting with Class Who’s Afraid of the Big, Bad Podcast? Making Your Podcasts and Videos POP with Music Social Networking in Education Making Video History License to Read and more… Professional Development for Media and Technology 21

Department of Professional & Staff Development Career Tech and Special Education Who’s Getting Sued for Fair Use and Why The Truth You Need to Know Presented by: Barry Starlin Britt, ASCAP Member, President, Co-founder, Dir. Of Licensing & Copyright Compliance