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2. When It Comes to Copyright, Educators are a Privileged Class! Gary H. Becker © 2011

3. Author Has Exclusive Rights To Do And Authorize: n Reproduction of work n Prepare a derivative work based on copyrighted work n Distribution of work by public sale, transfer of ownership or by rental, lease or lending n Performance of the work publicly n Display of the work publicly

4. Conditions for Using/Reproducing a Copyrighted Work Conditions for Using/Reproducing a Copyrighted Work n Copyright holder grants permission –By sale or purchase agreement –By request –Freely offered n Special exemptions in the law n Fair Use

5. Performance/Display Exemption n Section 110(1) Grants educators privilege to publicly display or perform copyrighted works for the purpose of face-to-face instruction

6. Library Photocopying Special Exemptions n Reproduction of unpublished works for the purpose of preservation and security n Reproduction of published works for purpose of replacement of damaged, deteriorating, lost or stolen copies, or obsolete format if replacements cannot be obtained at a fair price

7. Library Photocopying Special Exemptions n Reproduction for a patron of 1 single copy of one article or small part of work to become the property of patron for purpose of study or research –Must display copyright warning notice

8. Library Photocopying Special Exemptions n Reproduction of entire work if cannot be obtained at fair price –Copy becomes property of user for study and research –Copyright warning is displayed n All preceding for isolated and unrelated reproduction on different occasions. Systematic, single reproduction prohibited!

9. Recording Exemption n Critiquing - students may be audio or video recorded performing a copyrighted work for the purpose of critiquing their performance

10. Fair Use (Four Criteria to be met) n The purpose and character of the use –Commercial? Non-Profit? –Criticism, comment, news reporting? –Teaching, scholarship, research?

11. Fair Use - Photocopying Single Copy n Chapter of a book n Article from a periodical or newspaper n Short story/essay n Short poem

12. Fair Use - Photocopying Multiple Copies for Classroom Use n A complete poem if less than 250 words n An excerpt from a longer poem, but not to exceed 250 words n A complete article, story or essay of less than 2500 words n An excerpt from a larger printed work which must not exceed 10% of the whole, or 1,000 words, whichever is less

13. Off-Air Videotaping Guidelines n n Only for educational institutions n n May be held for a period not to exceed (45) days n n May only be used instructionally for first (10) consecutive school days n n Only at request of individual teachers n n May not be recorded more than once for same teacher

14. Off-Air Videotaping Guidelines n n Multiple copies may be made n n Programs cannot be altered, combined or merged n n All Copies must include copyright notice n n Institutions must establish appropriate control procedures

15. Multi-Media Fair Use Guidelines

16. Permitted Uses - Student n Produce for a specific course n Perform or display in course for which they were created n May use in a portfolio – Evidence of academic work – Support position application – Graduate school interviews

17. Permitted Uses - Educators n Instruction in Multimedia Development n Curriculum-Based Instruction – Face-to-face activities – For directed self-study by students – Remote instruction on a secure network n Peer Conferences – Workshops and Conferences n Professional Portfolio

18. Portion Limitations From Sources n Motion Media - up to 10% or 3 minutes, whichever is less n Text - up to 10% or 1,000 words, whichever is less n Poem - 250 words or less, entire poem, no more than three poems per poet – Poem - From anthology, no more than 5

19. Portion Limitations (Cont) n Poem - greater than 250 words, limited to 250 – No more than three excerpts by a poet – No more than five excerpts by different poets n Music, Lyrics and Music Video – Up to 10%, but not more than 30 seconds – Alterations do not change basic melody/character

20. Portion Limitations (Cont) n Illustrations and photographs – Not more than 10% or 15 images, whichever is less – No more than 5 images from a single artist or photographer n Numerical Data Sets – Up to 10% or 2500 fields or cell entries, whichever is less

21. Fair Use and Media Literacy n Funded project n Involved following institutions: –Media Education Lab - Temple University –Center for Social Media - American University –Program on Information Justice and Intellectual Property - Washington College of Law at American University n November 11, 2008 - Release of Code of Best Practices in Fair Use for Media Literacy Education - http://www.centerforsocialmedia.org/fair-use/related- materials/codes/code-best-practices-fair-use-media- literacy-education Code of Best Practices http://www.centerforsocialmedia.org/fair-use/related- materials/codes/code-best-practices-fair-use-media- literacy-educationCode of Best Practices http://www.centerforsocialmedia.org/fair-use/related- materials/codes/code-best-practices-fair-use-media- literacy-education

22. Digital Millenium Copyright Act n Computer Maintenance or Repair –Permitted to make one copy of the software in the course of repair. –Copy to be destroyed after repair complete n Ephemeral Recordings by Broadcasters –May make recording in order to facilitate a transmission –Must be licensed FCC station operating under exemption for digital broadcasts or statutory license

23. Digital Millenium Copyright Act (cont) n Distance Education Study n Exemption for Non-Profit Libraries –May may make up to 3 copies of a work, including digital, for purpose of preservation interlibrary loan –Digital copies may not be made available to public outside of library premises –May copy a work into a new format, if original format becomes obsolete

24. Technology, Education and Copyright Harmonization Act of 2002 n Extends Section 110(2) special exemptions to digital distance learning or distance education n Permits performance & display of limited portions of copyrighted works n Permits making & distribution of ephemeral copies needed for digital transmissions

25. Copyright and Distance Learning n Governed by Fair Use Guidelines n Old Section 110(2) – Only Permitted performance of a non-dramatic literary or musical works for instruction n New Section 110(2) - Permits performance of dramatic and audiovisual works for instruction

26. Distance Learning Examples n May read passage from Johnny Tremain –May show video clip or or lengthier portion, but not complete video –May act out limited portion n May display a photograph, chart, table –May display a still image from motion source n May play popular song from original source –May play limited portion of music from dramatic source (opera, play) n Temporary recordings may be made to achieve preceding

27. Music - Permissible Uses n Emergency copying to replace purchased copies n Multiple copies of excerpts of works which do not constitute a performable unit n Single copy of entire performable unit if out of print, unavailable except in a larger work and for teacher research or preparation only

28. Music - Permissible Uses n Print copies may be edited or simplified n Lyrics must not be altered or added n Single copies of recordings of student performances may be made and retained n Single copy of a sound recording of copyrighted music may be made to construct aural exercises or examinations

29. How Do We Contact You? n Toll free phone/fax: 888-333-2037 n P.O. Box 951870, Lake Mary, FL 32795- 1870 n E-mail: gbecker@beckercopyright.com gbecker@beckercopyright.com n Website: www.beckercopyright.com www.beckercopyright.com

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31. Questions?