By Katie Alaniz and Jerrod Bain

Teachers spend vast amounts of time looking over educational websites in search of that “perfect page” to duplicate for students. Once they have found what they are looking for, they can access it with only four clicks of a mouse button: select all, copy, paste, and print… Or can they???

Did you know…? Anyone who violates the rights of copyright owners, even unknowingly, may be asked to pay a minimum of $200 in statutory damages. Anyone who violates the rights of copyright owners, even unknowingly, may be asked to pay a minimum of $200 in statutory damages. Willful infringers of copyright may be asked to pay up to $150,000! Willful infringers of copyright may be asked to pay up to $150,000! So, just how much is that copyrighted item worth to you?

We will begin by defining our terms. Copyright: According to the United States Copyright Office, A form of protection provided by U.S. law to the authors of “original works of authorship”Infringement: Also according to the United States Copyright Office, The illegal violation of any of the rights granted by the copyright law to the owner of the copyright

The Fair Use Clause: According to Stanford University’s Copyright and Fair Use website, “Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism… Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute will have to be resolved by courts or arbitration.”

U.S. copyright law states… “The fair use of a copyrighted work” for the following purposes is not an infringement: Criticism Comment News reporting Teaching (including multiple copies for classroom use) Scholarship Research

The following factors are used in determining fair use: 1. What was the purpose for and character of the use? Was it for educational purposes? 2. What type of copyrighted work was this? 3. How much of the copyrighted work was used in relation to the entire work? 4. How did this use effect the copyrighted work’s value?

Under the fair use doctrine of the U.S. copyright statute, it is acceptable to use small portions of another person’s work, including quotes, for purposes such as the following: Commentary Criticism News reporting Scholarly reports According to U.S. Copyright Office’s website, “There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances.”

These guidelines are safe minimums for using multimedia in learning activities: Students may… Incorporate portions of copyrighted materials when creating a project for a specific course. Perform and display their projects and use them in their portfolio, for job interviews, or as a supplement to graduate school applications. Faculty may… Include segments of copyrighted works when creating their own multimedia project in support of instructional activities at school. Faculty may use those project for: assignments for student self-study remote instruction if the network is able to prevent unlawful copying for conferences, presentations, or workshops for their professional portfolio

According to Fair Use guidelines, teachers may: Utilize up to 10% of a musical composition in print, sound, or multimedia form. However, teachers may not: Reproduce the work or alter it in any way (i.e.- for artistic purposes).

Teachers are allowed to use films and videotape productions in their classrooms, however: They may only use a single copy (they cannot make multiple copies for use by students or other teachers) They can use up to 3 minutes or 10% of the whole production, whichever is less. They may not reproduce the work or alter it in any way (i.e.- for artistic purposes).

Can teachers use taped programs in their classes? Yes! This act is in compliance with the Fair Use rule. The following guidelines must be observed: Only programs broadcast to the general public may be used (programs from HBO, The Disney Channel, etc. are prohibited). Teachers should ask their schools to record programs they wish to show. Taped programs may only be shown for the first ten consecutive school days after they are recorded. Limited copies of the tape may be made for educational usage. Taped material cannot be altered in any way. After the ten day period has lapsed, the tape may only be used for evaluation purposes (to determine if the school would like to purchase the program for future use). After 45 days, the tape must be destroyed.

Basic guidelines for requesting permission: 1). Determine if permission is needed- Consult Fair Use guidelines 2). Identify the owner(s) 3). Identify the right(s) needed- What is the purpose of usage? What is the timeline of use? 4). Plan ahead for permission- Allow time for the process; Do not wait until the last minute. 5). Negotiate whether payment is required 6). Get terms of usage in writing

Creators of websites should be diligent about verifying copyright restrictions before posting items. Website creators are vulnerable in that: They need to properly cite sources of posted material. Surfers of the web can upload images and material posted without considering copyright restrictions. Website creators can protect themselves by: Properly citing sources posted on their site(s). Enabling a “click to accept” policy that holds users accountable for following copyright guidelines.

Harper, Georgia K. (2001). The copyright crash course. Retrieved June 25, 2009, from the University of Texas System Web site: cprtindx.htm Newsome, Cathy (1997). A teacher’s guide to Fair Use and copyright: Modeling honesty and resourcefulness. Retrieved June, 26, 2009: Official Web Site: rix%20for%20Teachers Stanford University: Copyright and Fair Use. (2009). Retrieved June 25, 2009: Official Web Site: United States Copyright Office. (2009). Retrieved June 25, 2009: Official Web Site: