Copyright Guidelines for Our Schools

U.S. Copyright Law b U.S. Constitution, Article I, Section 8 b Copyright Act of 1976 b Digital Millennium Copyright Act negotiated 1996

Created in Permanent Format Text Music Illustration Digital/Electronic Graphics Photographs Motion Media

What’s Protected By Copyright? b Original ideas in any format b Copyright is automatic for created works after Jan. 1, 1978 b The copyright mark need not be affixed for a work to be protected b Works of federal government are not protected

Public Domain b Works produced by the federal government b Works with expired copyrights b Works used with permission b Works used with license agreements

Duration of Protection Duration of Protection b b b b b > b 28 years b 42 years b 56 years b 75 years b Life + 50 yrs. Creation date Protection limits *Verify copyright status before copying

“Home-Use” Only “Home-Use” Only b Public Performance Rights b Use for Reward b Face-to-Face Instruction

What is “FAIR USE?” b Nonprofit educational purposes b Size of portion compared to size of work b Effect of use on value of work Yeah, we can use this!

Educators can use copyrighted works... b When they produce their own instructional tools and activities b When they are engaged in face-to-face instruction b When using them for peer conferences or professional portfolios

Portion Limitations for Use of Copyrighted Works b Motion media: 10% or 3 minutes, whichever is less b Text material: 10% or 1000 words, whichever is less b Music/Video: Up to 10%, but no more than 30 seconds b Art/Illustrations/Photographs: Not more than 5 images by an artists/photographer b Numerical data sets: 10% or 2500 field or cells, whichever is less

Installing Computer Software b License agreement documentation is protection. b Single-user means one user. b “No Electronic theft (Net) Act passed in 1997.

Copyrighted Links from the Internet b Keep in mind the four tests for Fair Use. b Consider same factors used for a print document. b Web page displays are the right of the copyright holder.

b Become familiar with copyright laws and guidelines b Understand FAIR USE interpretation for educators b Request permission for the use of copyrighted works b Attribute and acknowledge sources with full citations b Note any alterations to a copyrighted work Therefore, as responsible U.S. citizens we must:

Additional Resources on Copyright b Simpson, C.. M. (2001). Copyright for schools: a practical guide (3rd ed.). Worthington, Ohio: Linworth Publishing, Inc. b b

Thanks to Jackie Smith, library media specialist at E.L. Miller Elementary, and Pat Pickard, Director of Educational Media, for their vision of the value of this project and work toward its development. Please contact the Department of Educational Media, DeKalb County School System, (Pam Kugel at , ext. 3236) for further information concerning this staff development module. CREDITS

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