Copyright Laws and Education David, Myra and Valarie CTE 629B January 26, 2009

Copyright… You Need to Know “The legal right granted to an author, a composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.”

What about the Performance of Music & Multimedia Materials? 1.Every piece of music used must be evaluated by the law. 2.The rule for performance applies to the classroom possible even for a 300 year old song. 3.The guidelines suggest a limit of 30 seconds or no more than 10% of the piece. 4.A teacher must get permission from the publisher and usually pay a usage fee for using most music in the classroom.

Public Domain Explained The public domain is a range of abstract materials—commonly referred to as intellectual property —which are not owned or controlled by anyone. The public domain is a range of abstract materials—commonly referred to as intellectual property —which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose. The public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast to copyrighted works is different from the public domain in contrast to trademarks or patented works. The public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast to copyrighted works is different from the public domain in contrast to trademarks or patented works.

Public Domain - Music 1.Works published before January 1, 1923 or between 1923 and 1978 that did have a valid copyright are “fair” to use. 2.Works published between 1923 and 1978 that the copyright has not been renewed. 3.Materials authored by federal employees are “free” for teachers to use. 4.All works published after January 1, 1978 are protected until Beware these works are not “free”!

Fair Use Laws What is “fair use”?  It is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review.  It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

Know Your “Fair Use” Rights Balancing the “Fair Use” Laws: 1.The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.The nature of the copyrighted work; 3.The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4.The effect of the use upon the potential market for or value of the copyrighted work.

Fair Use Laws - Multimedia Some of the laws can be confusing: 1.No more than five images from one artist or photographer. 2.No more than 10% or 15 images from an artistic or photography collection. 3.No more than two copies made from a media project. 4. Schools generally must pay a significant fee for using any part of a video.

Fair Use Laws - Consumable Some of the laws can be confusing: 1. Consumable workbooks are copy protected. 2.“Black line” masters can be copied enough for your own class but cannot be reproduced from term to term. 3.No more than nine instances of multiple copying of “black line” masters can occur during a single term or semester. 4.Standardized test shall not be copied.

What are your “fair use” rights? “fair use” rights? Don’t get caught breaking the law!

Test Your Knowledge 1.Workbooks are “consumable” items and therefore excluded from permitted multiple copying. TRUE FALSE

Test Your Knowledge 2. You can, for instance, make copies of several chapters from the same book. TRUE FALSE

Test Your Knowledge 3. It is not permissible to use an unlimited supply of photographs from one collection. TRUE FALSE

Test Your Knowledge 4. You must contact the publisher and pay the usage fee for all music published after 1978 under most circumstances. TRUE FALSE

Test Your Knowledge 5. Works authored by employees of the federal government are a part of the public domain. TRUE FALSE

False is the correct answer is the correct answer

TRUE is the incorrect answer!

False is the correct answer

TRUE is the incorrect answer! is the incorrect answer!

False is the incorrect answer!

TRUE is the correct answer!

False is the incorrect answer!

False

TRUE is the correct answer!

TRUE

TRUE

False is the incorrect answer!

YOU DID IT!! If you scored 90% or better you passed! If not, reread the PowerPoint and try again! Good Luck with your new job!