1. COPYRIGHT AND MATH TEACHING Jerry Tuttle, FCAS, CPCU
I obtained right to use from copyright holder. OK to display per § 110 for non-profit. For copying & distributing, one cartoon meets brevity guideline but not spontaneity.

2. May I play an audio clip in class?.
(I will play 10 sec of both “Pretty Woman” versions. ) Audio ok by § 110 for non-profit; determine if Fair Use for for-profit as transformative use.
Photo:

3. May I show a photo in class?
This is a 1689 portrait and is in public domain.

4. May I copy and distribute this graph in class?
Material prepared by federal employee as part of official duties has no copyright. Also - facts & data have no copyright.
Social Security. CPI for urban wage earners and clerical workers

5. May I copy and distribute this journal article in class?
I transferred copyright rights to NCTM, so no longer mine! Copying not part of § Determine if Fair use for non-profit & for-profit.
Mathematics Teacher. September, 1990

6. May I copy and distribute pages of a book in class?.
Requires Fair Use analysis. Yes, if a small amount. Can’t copy to avoid buying product. Fails Fair Use factor 4. A consumable worksheet is specifically prohibited by the Guidelines.

7. Outline Copyright axioms. Who owns the copyright?
Copyright owner’s exclusive rights.
What is not subject to copyright?
Non-profit classroom and online uses.
Fair use.
Fair use guidelines.
Websites and blogs.
Conclusion.
References.

8. Axioms Just because you don’t get caught, doesn’t make it legal.
Just because it’s on the Internet, doesn’t mean it’s OK to copy – digital content is also copyrighted.
Just because it doesn’t say “Copyrighted”, doesn’t mean it’s OK to copy.
Just because you cite the source, doesn’t mean it’s OK to copy.
Just because you’re a teacher, doesn’t mean you have “fair use”.
Just because we’ll talk about the law, doesn’t mean the law is absolute and unambiguous.
Just because you’re listening to me, doesn’t mean I am giving you legal advice. I am not a lawyer.

9. Who owns the copyright?
The creator, when the work is created (tangibly fixed) §101.
No action required, such as identification with ©.
Copyright owner has some exclusive rights §106.
Copyright rights last lifetime, years.
Copyright is for digital and non-digital work.
Physical ownership does not give you the copyright §109.
In classroom, who owns the teacher’s creative work? It depends on the school’s policy; it may be the school, or it may be the teacher.
Copyright is contained in US Constitution, Article I, Section 8.
Section numbers refer to: United States Copyright Office.  Copyright law of the United States. Title 17 of the U.S. Code. Congress shall have Power ... to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

10. Copyright owner’s exclusive rights §106
Make copies.
Make derivative works.
Distribute copies.
Perform publicly.
Display publicly.

11. What is not subject to copyright?
Facts and ideas §102: Theorems, examples. Normal probability tables.
Public domain: Federal Government works §105; Works whose copyright was not obtained or expired (anything published before 1923 is OK); Works gifted to public domain.
Or, just get permission
You can ask for permission.
Owner may grant permission. creativecommons.org/
You can pay for permission at Copyright Clearance Center.
There are many sources of Open Educational Resources. Khan Academy uses Creative Commons licenses.
Copyright lapsed if published before 1923, bet 23 & 63 if failed to register or renew, or before 89 if failed to incl © symbol; © not req > 89. Your library may already have a license with Copyright Clearance Center.

12. Classroom use – non-profit schools §110 (1)
In face-to-face classroom, teachers and students may perform or display copyrighted work. 
Those are 2 of the 5 exclusive rights, not all 5. 
Must have legal copy, including legally borrowed copy.    .

13. Online education use – non-profit schools §110 (2)
In online classroom, teachers and students may perform or display copyrighted work, but
Only in amounts comparable to what would be done in live classroom (e.g. , not entire movie).
Those are 2 of the 5 exclusive rights, not all 5.
Must limit access to currently enrolled students; technology to prevent students from retaining.  
Must have legal copy.    .
Actually limited to non-profit accredited schools.

14. §107 Fair use
Fair use of copyrighted work in teaching is not copyright infringement. Applies to all 5 exclusive rights.
To determine fair use, the factors to be considered include:
Purpose & character of use, including commercial or non-profit educational, and transformative.
Nature of copyrighted work – factual or creative?.
Amount and substantiality of portion used.
Effect of use on potential market – economic loss to owner?
The law does not list specific types of fair use. Fair use requires an individual assessment of all 4 factors. No single factor is enough – weigh all 4. Particular circumstances to be decided by court.
Transformative is common law, not statute.

15. More on fair use
Commercial use is usually not fair use. However, transformative use (add significant value by modifying the original – parody, a different purpose) is likely to be fair. Court rulings on “Pretty Woman” & Grateful Dead.
Factual work more likely to be fair, than creative works (fiction, music).
The smaller the amount used, the more likely to be fair. But not if what is used is the heart of the work (e.g., 300 words from President Ford’s memoirs re pardoning Nixon).
Does copyright holder charge a fee? Substantial or potential economic harm, loss of opportunity to sell or license, is not fair. But if no commercial value, then may be fair use.
Copying and distributing requires fair use analysis.
Transformative example: use for a different purpose than original. Fair use is a defense, not a right. Campbell v. Acuff-Rose (“Pretty Woman”) and Bill Graham Archives v. Dorling Kindersley (Grateful Dead).

16. May I copy and distribute this in class?
Rare event rule: If under a given assumption, the probability of an
observed event is extremely small, we conclude the assumption is
probably not correct. (Triola, 2014, p.134)
OK to display per § 110 for non-profit. Transformative use: my purpose in showing the pictures is statistical, which is different than original photographer’s purpose.
Data:
Photos: coed.com/2011/03-25/barry-bonds-before-and-after-steroids-14-pictures

17. Fair use guidelines
Various industries with vested interests produce guidelines.
You will see charts, 10% rule, “brevity”, “spontaneity”.
These concepts are not mentioned in the law, they are not neutral interpretations of the law, and guidelines do not carry the force of law.
Guidelines are not ceilings. Sufficient, but not necessary?
Judge in GA State case thought 10% too low, but can’t generalize this ruling.
One expert says, “The 10% rule is fiction.”
Just as the “1 car length for each 10 mph” guideline is not law, neither is the 10% rule.

18. More on fair use guidelines
This is a negotiated agreement – not a law. These are safe harbor guidelines.
A teacher may make a single copy of a chapter, article, diagram, etc. for personal use.
Multiple copies for classroom use OK if meet brevity, spontaneity, cumulative effect tests and include notice of copyright:
Brevity: excerpt of lesser of 1000 words or 10% of the work. 1 diagram, 1 drawing.
Spontaneity: decision to use close in time to actual use.
Cumulative effect: 1 course only, not more than 2 excerpts from same author, no more than 9 instances of multiple copying per term.
No copying of consumables (worksheets), nor to substitute for buying.
A single copy is probably OK under Fair Use.

19. May I copy old AP exams and assign as homework?
College Board’s site says no:
“AP Practice Exams are for in-classroom use only ... do not assign them as take-home assignments.”
But what about Fair Use?
Accepting the College Board’s provisions is a contract; there is some implied mutual agreement. This trumps fair use and takes away rights you otherwise have under copyright.

20. May I copy and distribute some textbook pages?
What if the textbook says this:
“No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher.”
Does this mean I can’t write textbook problem 1 on the board?
What about Fair Use?
Unlike the College Board example, this is not a contract, just the publisher’s position. There is no mutual agreement. (Analogous case is Boobs-Merrill v. Straus (Macy’s), Should be OK by fair use.

21. Websites, blogs, etc.
Rather than copying Internet material, it is OK to use a link (but check if any conditions apply); however, don’t use a deep link that bypasses home page.
Posting copyrighted material on your website or blog is considered publishing.
Perform a fair use analysis on your website or blog.
A student’s work is copyrighted by the student.
Attribution of copyrighted material is not required by law; however, it may be required by copyright owner, and it is needed to avoid plagiarism. Couldn’t hurt 
Note that companies do troll Internet for copyright violations.
Some licenses prohibit linking directly to the content from a course or electronic reserves webpage, but allow students to access it themselves through the vendor or publisher’s website.

22. Copyright Framework Is the work protected by copyright?
Is the work protected by copyright?
Is there a license (library? Creative Commons?) covering my use?
Is there a specific exemption in the law covering my use, e.g., §110?
Is my use covered by Fair Use? For transformative use, does the use help make the point, and have I used just enough?
Do I need copyright owner’s permission?
Kevin Smith and Lisa Macklin,

23. Conclusions Most unauthorized use is never discovered.
Most unauthorized use is never discovered.
Large-scale copying to avoid buying is infringment.
Using your own creative work is always OK. Ideas are not copyrighted.
Does it make sense to be more risk averse about copyright than you are about other risky activities?
Have a school policy statement reviewed by lawyers.
Have someone available for copyright questions. English teachers and librarians may be knowledgeable sources.

24. References
Copyright Clearance Center.
Creative Commons.
Digital Media Law. Linking to copyrighted materials.
Hobbs, R. (2010). Copyright Clarity. Thousand Oaks, CA: Corwin.
Stanford University Libraries. Copyright & Fair Use
United States Copyright Office.  Copyright law of the United States. Title17 of the U.S. Code.
University of Texas. Copyright Crash Course.