1. Copyright or Wrong? John Brim Instructional Technology Division
North Carolina Department of Public Instruction

2. Why Care?
Law, curriculum, ethics

3. Federal Law United States Constitution, Article I, Section 8
The 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.
Federal Law Title 17, U.S. Code

4. Curriculum – NC SCOS Computer skills Information skills Language Arts
21st Century Skills

5. Ethics
What are we teaching?
Modeling behavior

6. Scenario – Online Pictures
You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation.

7. Copyright Review

8. Scope of Copyright - Six Fundamental Rights
Reproduction
Adaptation
Publication
Performance
Display
Digital transmission
Reproduction - making copies
Adaptation - making changes
Publication - presenting to public
Performance - presenting to public
Display - presenting to public

9. Fair Use Sets limitations on rights of copyright holders
Guidelines not absolute

10. Fair Use Conditions
Non-profit educational institutions or homebound instruction
Face-to-face instruction – students and teachers
Support of curricular objectives
Legally obtained

11. Teachers
Educators may use their own multimedia presentations to teach in-service classes, for presentations at faculty meetings, workshops, and conferences.
Becker, Gary H. Copyright: A Guide to Information and Resources. 3rd Ed. Lake Mary,

12. Fair Use Factors/Test Purpose and character of use
Nature of copyrighted work
Amount copied
Cumulative effect of use
Synopsis from Carol Simpson’s book, Copyright for Schools: A Practical Guide, 4th Ed.
Purpose and Character of Use
Nonprofit use
Criticism, commentary, new reporting
Nature of work
Factual or creative
Published or not published
Amount of work used
Essence of work
Effect of use on market for or value of use
Commercial use – transfer of money
Sale of yearbooks, band concert videos, t-shirt with cartoon characters
Misrepresentation – making it look like it’s yours
What would happen if everyone did what you are doing? – cumulative effect

13. Scenario – Online Pictures
You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation.
Is this a copyright violation?

14. Internet Assume everything is copyrighted
Use existing guidelines for appropriate media format

15. Multimedia Citation Copyright statement Credit the sources
Display copyright notice ©

16. Pictures Used in its entirety No more than 5 images per artist
No more than 10% or 5 images

17. Scenario – Photocopying
You make a copy of an article for everyone in your workshop session.
Is this a copyright violation?

18. Photocopying
You can make a single copy of:
book chapter
magazine or newspaper article
picture from a book, magazine, or newspaper

19. Conditions
May not exceed one per participant
Spontaneous

20. Conditions
For scholarly research
Use in teaching or preparation

21. Photocopying
Multiple copies for the classroom of:
poem of less than 250 words
complete article, story, or essay less than 2,500 words

22. Photocopying Multiple copies of:
an excerpt from larger work up to 1,000 words or 10% whichever is less
one graphic or picture per book or issue

23. Photocopying
Multiple copies of:
combinations of prose, poetry, and illustrations up to 10% of total
must bear copyright notice

24. Scenario – The Presentation
You are presenting at a conference using PowerPoint. You include quotes, photographs,
music, and videos.
Violation
Access or boot file is part of the program and there is no brevity provision in fair use for computer software
Is this a copyright violation?

25. Text
Up to 10% or 1000 words, whichever is less

26. Issue - Pictures Up to 5 or 10% of images from single artist
Up to 15 images from a collection

27. Issue - Music
10% but no more than 30 seconds

28. Video
10% of motion media or 3 minutes, whichever is less

29. Scenario – The Publication
You publish guidelines and distribute them statewide.
You used copyrighted text passages and graphics.
Violation
Access or boot file is part of the program and there is no brevity provision in fair use for computer software
Is this a copyright violation?

30. Probably
Publication is a fundamental right
Ask for and get permission

31. Scenario - Web sites
You create a Web site and add a popular cartoon character for humor
Is this a copyright violation?

32. Probably Posting on the Internet is publication
Cartoon characters are highly creative works
Ask for and get permission

33. Citations www.ncwiseowl.org/reference/citations.htm
Copyright handout
John Brim
In compliance with federal law, including the provisions of Title IX of the Education Amendments of 1972, N C Public Schools administers all state-operated educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender, except where exemption is appropriate and allowed by law.