What Educators Need to Know About Copyright Laws Presented by: Donna Tran October 28, 2009

Copyright Infringement What is it?What are the penalties? Duplicating another person’s material to use without permission/license. In the classroom, it could be the duplication of academic materials like Target Math, Lone Star, Units of Study, etc. $150,000 can be awarded for each willful act of infringement. Ignorance of the law is no excuse. Good faith fair use defense: applies to individuals who reasonably believe they followed the fair use policies (damages are not awarded).

Fair Use What is it?Examples A defense against infringement (illegal use). The copying of copyrighted material used for a limited time or for a “transformative” purpose (to comment on, critique, or parody). Do not need permission from copyright owner. Teacher or student copies a few paragraphs from an article for a lesson/assignment. Quoting a few lines from a song for a music review. SNL

What is protected by copyrights? Original works of authorship: Literature Drama Music Poetry Computer software Architecture

What is not protected? Facts Ideas Systems Methods of operation Material must have existed in some physical form for a period of time in order to be protected

What does this mean for students and teachers? Guidelines for projects and assignments…

Considerations when using multimedia in the classroom… Purpose and character of your use Nature of the copyrighted work Amount and substantiality of the portion taken Effect of the use upon the potential market. 4 factors judges consider in court

Guidelines when using multimedia in the classroom… Limit what is used & don’t make copies Fair use will “expire” after 2 years Permissible for: ◦ class assignments ◦ curriculum materials ◦ remote instruction ◦ exams ◦ student portfolios ◦ professional development

Guidelines for using someone else’s words… Complete poem < 250 words Excerpt < 250 words from a longer poem Complete article, story < 2,500 words Excerpt from any prose work < 1,000 words or 10% of the work whichever is less One chart, graph, diagram, drawing, cartoon or picture/book or periodical issue.

Guidelines for using another’s musical score… Up to 10% (no more than 30 seconds) of the music and lyrics from an individual’s musical work may be reproduced or incorporated as a part of a multimedia project. For more information: ( center/) center/

Guidelines for using film in the classroom? Up to 10% or 3 minutes, whichever is less, may be reproduced or incorporated as part of a multimedia project created.

Guidelines for taping something off the TV to use in the classroom… Only programs broadcast to the general public may be taped. The school should do the recording. Recording may be shown only during the first 10 consecutive school days after it is made. The tape may not be altered in any way. License needed for permanent inclusion in the teaching curriculum. Tape must be destroyed after 45 calendar days. Schools should document their compliance.

How can you get permission to use items in your classroom? Contact publisher, webmaster, photographer – permission department Request permission early! Include copyright notice and credit If you can’t find the copyright owner, don’t use the work…infringement is a possibility

Guidelines for using information from websites… Assume it’s protected Read terms and conditions for use If a complaint is received, stop using the material and seek copyright validity Be aware when you “click around” sites

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