1. Keys to Understanding Copyright
Presented by
Laura J. Toki
Assistant Director
Curriculum, Training and Development Services
Appalachia Intermediate Unit 8

2. “Fair Use”
Definition: Legal right to copy a limited amount of material under certain conditions without undue harm to the owner
Four Factors:
Purpose and character of use
Nature of copyrighted work
Amount and substantiality of portion used
Commercial value of the item

3. Face-to-Face Teaching Exemption
Permissible to use copy protected material in a non-profit educational institution with the following conditions:
As part of the instructional program
By students, instructors, or guest lecturers
In a classroom or school location devoted to instruction (e.g., library, gym, auditorium, etc.)
In a face-to-face environment or where students and teachers are in same building or area
Only to students and educators
From a legitimate copy with copyright notice attached

4. Duration of Copyright
Works copyrighted before 1978 are protected for 28 years with a renewal of 47 years
Works copyrighted in and after 1978 are protected for the life of the author plus 70 years

5. Penalties for Copyright Infringement
Statutory fines range from $750 to $30,000 per infringement
Each individual work constitutes a separate act of infringement
If court rules infringement was intentional, damages can go as high as $150,000 per instance

6. Computer Piracy Copy infringement of computer software copyright
Felony status
Fines up to $250,000
Making as few as 10 illegal copies with a total value of $2,500 or more is a criminal offense

7. Liability: “Chain of Command”
If a teacher makes illegal copies on library-owned equipment, the librarian who loaned the equipment could be involved in the lawsuit
The principal, as instructional and administrative leader, must be aware of what happens in his/her school is potentially liable
Superintendent
Principal
Librarian
Teacher

8. District Copyright Policy
If the district has an established copyright policy in place, liability begins and ends with the violator!

9. District Copyright Policy
Tips for districts:
If you don’t already have a copyright policy, get one!
Train school staff members about what’s expected under the law.

10. Digital Millennium Copyright Act of 1998
Allows for conversion of works in “obsolete formats”
Says 3 digital copies of works in a library’s collection may be kept for preservation purposes

11. Guidelines for Computer Software
Computer software may only be copied by the original owner
One archival copy may be made of a program, but only one disk may be used at a time; if this back-up disk fails, you have to buy the software again
Printed documentation accompanying software is also copyrighted; multiple copies for classroom use are not permitted
A single-user copy of a program may not be installed on multiple machines

12. Guidelines for Computer Software
Multiple copies cannot be made for a lab situation; you have to buy additional software programs or additional licenses
Networking software is not covered under “fair use” – networking a piece of computer software ALWAYS requires a license in writing!
It is illegal to make a copy from a computer program acquired for preview purposes
“Public domain” software may be freely copied without licenses

13. Guidelines for Computer Software
“Shareware” is copyrighted, but the author is using a “try-it-before-you-buy-it” method; once you’ve used and evaluated it, you’re expected to register and pay the fee

14. Guidelines for Computer Software
Ask yourself:
“Are we reproducing this software because we don’t have the funds to purchase another copy?”
If the answer is “yes,” you have violated copyright law!

15. Fair Use Guidelines for Educational Multimedia (1997)
Permitted Uses
Educators may perform and display their educational multimedia projects, in the course for which they were created, in curriculum-based instruction to students:
Face-to-face instruction
For students’ directed self-study
As long as the technology limits access and prevents the making of copies of copyrighted material

16. Fair Use Guidelines for Educational Multimedia (1997)
Time Limits
Educators may also use multimedia projects for up to 2 years after the first instructional use
After that, you need permission for each copyrighted portion

17. Fair Use Guidelines for Educational Multimedia (1997)
Portion Limits
Motion media: Up to 10% of the total or 3 minutes (whichever is less)
Text material: Up to 10% of the total or 1000 words, whichever is less
Entire poem of less than 250 words
No more than 3 poems by one poet or 5 poems by different authors
For poems over 250 words, 250 words may be used, but no more than 3 excerpts from one poet or 5 excerpts from different poets

18. Fair Use Guidelines for Educational Multimedia (1997)
Music, lyrics, and music videos: Up to 10% of the work but no more than 30 seconds of the music or lyrics from an individual musical work

19. Fair Use Guidelines for Educational Multimedia (1997)
Illustrations and photos:
No more than 5 images from one artist or photographer
No more than 10% or 15 images, whichever is less, from a collection

20. Fair Use Guidelines for Educational Multimedia (1997)
Numerical data sets: Up to 10% or 2500 fields or cell entries, whichever is less

21. Fair Use Guidelines for Educational Multimedia (1997)
Limits on Copying and Distribution
Two “use copies”—one for use and one on reserve
A back-up copy may also be made, but only used or copied to replace a lost, stolen, or damaged copy

22. Fair Use Guidelines for Educational Multimedia (1997)
Notices of Attribution
Educators and students must credit sources (i.e., author, title, publisher, date and location of publication) AND show copyright information (copyright notice, year of first publication, and name of copyright holder)

23. Videos
In order for schools to use videos in an educational program without paying royalties, they must meet all 4 of the following criteria:
Performance takes place in a classroom or other place of instruction in a nonprofit educational institution.
The performance is directed by students or teachers of the school.
The performance must be made in the course of face-to-face teaching activities.
The performance must be made from a copy of the work that was legally made or acquired.

24. “Home Use Only” Videos
If an educational institution purchases a copy of this type of video, it IS permissible to use it for face-to-face instruction in the classroom
It MUST be incorporated as part of the program in which it’s being used

25. Rented Videos
Same as “Home Use Only” videos, unless the rental agreement limits this use (check your rental agreement!)
To show a video for reward, motivation, entertainment, or a fundraiser, public performance rights MUST be obtained!

26. Off-Air Taping of TV Shows
9 Guidelines:
Videotaped recordings may be kept for no more than 45 calendar days after the recording date
Videotaped recordings may be shown to students only within the first 10 days of the 45-day retention period

27. Off-Air Taping of TV Shows
Off-air recordings must be made only at the request of an individual teacher for instructional purposes, not by school staff in anticipation of later requests by teachers
Recordings are to be shown to students no more than 2 times during the 10-day period, and the second time only for necessary instructional reinforcement

28. Off-Air Taping of TV Shows
Taped recordings may be viewed after the 10-day period only by teachers to see if they want to buy it
If several teachers request the same program, duplicate copies are permitted, with all the same restrictions that apply to the original recording

29. Off-Air Taping of TV Shows
Off air-recording may not be physically or electronically altered or combined with others to form an anthology (even if they’re not shown in their entirety)
All copies of off-air recordings must include the copyright notice

30. Off-Air Taping of TV Shows
Guidelines apply only to nonprofit educational institutions, which are also “expected to establish control procedures to maintain the integrity of these guidelines.”

31. Copyright and Print Materials
Single Copies
Teachers may copy for the purposes of research, teaching, or preparation for teaching:
A book chapter
A newspaper or magazine article
A short story, short essay, or short poem
A chart, graph, diagram, drawing, cartoon, or picture from a book, newspaper, or magazine

32. Copyright and Print Materials
Multiple Copies
Teachers may copy for the purposes of research, teaching, or preparation for teaching:
Complete poem if less than 250 words and printed on not more than 2 pages
An excerpt of a longer poem, but not to exceed 250 words
A complete article, story, or essay of less than 2500 words; or an excerpt, not more than 1000 words, from a larger printed work, not to exceed 10% of the whole
One chart, graph, diagram, cartoon, or picture per book or magazine

33. Copyright and Print Materials
Special works containing prose, poetry, or illustrations, but no more than 10% of the total
Only 2 pages of a “picture book,” as long as they don’t comprise more than 10% of the book
All previously-listed documents must bear the copyright notice

34. Copyright and Print Materials
Three tests for educational “fair use”:
Brevity (see 3 previous slides)
Spontaneity – Decision to use a work must occur so soon prior to use that there is insufficient time to request and receive permission from the publisher to copy the work
Cumulative effect – Copying is not a substitute for the purchase of books and magazines

35. Copyright and Print Materials
Other Limit Considerations
Copying done for one course only
One work from a single author
No more than 3 authors from a collective work
No more than 9 instances of such multiple copying in 1 class term
Copies can’t replace anthologies or collective works
Copying of “consumable” works (e.g., workbooks, answer sheets, etc.) is absolutely prohibited
Same item not reproduced term to term
No charge made to students beyond actual photocopying