Copyright Compliance Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

What is copyright? “The statutory privilege extended to creators of works that are fixed in a tangible medium of expression.” (Bruwelheide, 1995) Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Why be concerned with copyright compliance? n Respect intellectual rights of creators of information n Reward creativity of authors, artists, musicians, etc. n Legal mandate n Model proper behavior for students, teachers, and other members of educational community Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Information Literacy Standards for Student Learning Standard No. 8: The student who is information literate “…practices ethical behavior in regard to information and information technology.” Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003 Reprinted with permission from Information Power: Building Partnerships for Learning, published by the American Library Association..

NETS for Students n PreK-2 – –Demonstrate positive social and ethical behaviors when using technology – –Practice responsible use of technology systems and software. n Grades 3-5 – –Exhibit legal and ethical behaviors when using information and technology, and discuss consequences of misuse. Reprinted with permission from National Educational Technology Standards for Students - Connecting Curriculum and Technology, published by the International Society for Technology in Education (ISTE) NETS Project. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

NETS for Students n Grades 6-8 – –Exhibit legal and ethical behaviors when using information and technology, and discuss consequences of misuse. n Grades 9-12 – –Demonstrate and advocate for legal and ethical behaviors among peers, family, and community regarding the use of technology and information. Reprinted with permission from National Educational Technology Standards for Students - Connecting Curriculum and Technology, published by the International Society for Technology in Education (ISTE) NETS Project. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Penalties and Liabilities Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Fines n $250 - $10,000 per infringement n Software infringement - now a felony n Up to $250,000 per infringement Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Who’s Liable? n Classroom Teachers n Library Media Specialists n Principals n Curriculum Coordinators n Superintendents n Boards of Education Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Indirect Liability Contributory Contributory (Library Media Specialists) –Checked out equipment –Checked out resources Vicarious Vicarious (Library Media Specialists, Administrators, Others) –Knew of infringement but did not report it Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

“…but I didn’t know!” Called “Innocent Infringement” Called “Innocent Infringement” Occurs when infringer was unaware that material was copyrighted Occurs when infringer was unaware that material was copyrighted No excuse if work properly displays copyright © notice No excuse if work properly displays copyright © notice Since 1976 all works considered copyright protected Since 1976 all works considered copyright protected Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Fair Use n Applies to all types of media n To give certain users conditional permission to use copyrighted materials if certain criteria are met Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Fair Use n Education Exemption - but… n Not free license to copy anything you want n Cannot copy in place of purchasing n Cannot copy in anticipation of a request n Allows for spontaneity of use Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Fair Use n Does not allow use of commercial videos for re-enforcement, entertainment, or reward without paying public performance rights fees in advance Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

SPECIFIC MEDIA Print Resources Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

For research, teaching, or lesson preparation a teacher may copy... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n One chapter from a book n One article from periodical or newspaper n Short story, short essay, short poem n Chart, graph, diagram, drawing, cartoon, or picture from book, periodical, or newspaper Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

A teacher may not... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n Copy “to create or to replace or to substitute for anthologies, compilations, or collective works.” n Copy from consumable products n Copy to substitute for purchasing resources n Copy at direction of superior, i.e. principal n Copy same item each semester Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

A teacher may make multiple copies for classroom use if... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n only one copy of each item per student is made (classroom set) n each item copied is for classroom discussion n each copy includes a notice of copyright n each item meets the three tests for copying... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Three tests for copying n Brevity n Spontaneity n Cumulative effect Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

SPECIFIC MEDIA Videotapes/Movies Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Commercial videos (movies) n Cannot be used for reward or entertainment n Free Friday n During testing n Rainy-day Recess n Field Day Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Commercial videos (movies) n Must be used as part of face-to-face instruction n Must be documented in lesson plans, showing how the video supports goals and objectives of lesson plan n Must be a true and legal copy Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Commercial videos (movies) n Can be rented from video rental store or public library n Borrowed from a student n Owned by the classroom teacher n Purchased by the school Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

But... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n Must be used as part of face-to- face instruction n Must be documented in lesson plans n Must support goals and objectives of lesson plan n Must be a true and legal copy Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Good Rule of Thumb n Consider any program on regular networks, e.g. ABC, CBS, NBC to be restricted clearance – no taping rights n Encourage use of Cable-in-the- Classroom programming Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Fair Use of Recorded Television Programming Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n n “Off-air” recording refers programs received with antenna n n Ten-day Fair Use Guidelines apply n n Recording may be used once as part of teaching activities n n All premium channels (received with cable or satellite) are restricted – no recording rights (use Cable-in-the-Classroom programming) Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n n Recording must be shown during first 10 school days of the 45-day retention period n n After 45-day retention period, recording must be erased n n Recording may be made only at request of and used by individual teachers Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n n Recording may not be made in anticipation of a request by individual teachers n n Recording must include copyright notice on the broadcast program as recorded Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Three things to consider when using videos for instruction Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n Consider the educational value of any video n Preview before use n Videos are not crowd-control devices Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

OTHER MEDIA Computer Software Internet Other Technologies Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Computer software n Single User n Lab packs n Network license n Site license Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Don’t copy that floppy or CD-ROM!Don’t copy that floppy or CD-ROM! Don’t install single- user license on more than one workstationDon’t install single- user license on more than one workstation Remember! Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Multimedia Projects Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Multiple Copyrights Involved n Moving Images: Video,Laserdisc, DVD, n Still Images: Graphics, Scanned images, Photos, Pictures n Music: Tapes, CDs, n Computer Software: CD-ROM n Internet Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Student Use n Students may use copyrighted works in multimedia projects n Students may perform and display multimedia projects for academic assignments n Students may include their multimedia projects in electronic portfolios for assessment purposes Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n Faculty may incorporate copyrighted works into multimedia creations to create multimedia curriculum materials n Faculty may demonstrate multimedia creations at professional conferences and retain for professional portfolios n Time limit on fair use - 2 years from completion of work Teacher Use Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Best Solution n Invest in clip art, music, video clips created especially for multimedia projects because they are copyright free n Use royalty-free images, music, etc., available on Web Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Using Internet Materials Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n Unless specifically stated, everything is copyright protected n Fair Use guidelines apply n May not take print, images, etc., from Internet sites and re-post on Internet site n May post on a protected school/district intranet n May include links to other sites under “implied public access” Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

How much can I use? Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n Motion images - up to 10% or 3 minutes - whichever is less n Text - up to 10% or 1000 words - whichever is less n Music - up to 10% or 30 seconds, whichever is less Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n Photos and images - up to 5 works from one author; up to 10% or 15 works, whichever is less, from a collection n Database information - up to 10% or 2500 fields or cell entries, whichever is less Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Managing Copyright Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n The Library Media Specialist is not the "copyright police"! n The Principal is ultimately responsible for copyright compliance in the school. n The Principal should establish a copyright policy for the school. n The Library Media Specialist should offer assistance to faculty/staff to facilitate copyright compliance. n An annual copyright in-service should be conducted for faculty/staff. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

n Notify principal of known infractions n Can't know everything - But… n Can show that you are complying to the best of your ability n Redundant communication Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Compliance Form for LMC Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Request to tape Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Blanket Release Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Copyright Notice Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

Additional Resources n Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators. ISBN n Bielefield, Arlene and Lawrence Cheeseman. Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. ISBN n Simpson, Carol Mann, Copyright for School Libraries: A Practical Guide. ISBN Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

A Closing Thought Strange how much you’ve got to know before you know how little you know! -Duncan Stuart Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003