1. Listening Centers and iPods/ a new Twist – Digital stories and copyright

2. All About Me  Masters of Library and Information Science from University of Texas Austin – 1993  Specialization – Special Libraries  Beginning 7 th year as School Librarian at Bluebonnet Trail Elementary

3. About My Program  Using audio stories on iPods connected to conventional listening centers  Using student generated audio files as part of digital and conventional listening centers  Using stories on CDs in classrooms for group activities

4. My Source of Information

5. Copyright in the Digital Era  Things to remember  Copyright is all about $  There are very few exceptions for Education  Those exceptions are very limited in their scope  Digital copyright is more extensive then non-digital copyright and applies to any digital versions of non-digital materials.

6. Copyright in the Digital Era  Digital Millennium Copyright Act (DMCA)  October 1998  Libraries may migrate works held on obsolete media to current technology, but the transfers may be made only if the library can’t buy the same work in a non-obsolete format. (Copyright for Schools, page 15)  TEACH Act established the rules for copyright and online education.  Family Entertainment and Copyright Act allows libraries to make copies of published works (allowed under DMCA) that do not leave the library premise. (Copyright for Schools, page 15)

7. Audio recordings and Copyright  Is it okay for a teacher to take an audiobook on CD that the school owns, copy it to iTunes, and have the student listen to it on an iTouch( or iPod, or Mp3 player)?

8.  “Although individuals have the ability to make those types of transfers under the Audio Home Recording Act, for schools and school libraries (which have different rules) those provisions do not apply.”  “Under Section 108 Libraries have the capacity to make a single copy of a phonorecord (which is the technical name for an audiobook) if the copy is not for the purpose of commercial advantage (you aren’t making a copy to avoid purchasing another copy), your library is open to the public, and you include the same copyright notice on the copy that was on the original.” (Copyright for Schools, page 97-98)

9.  “Further Section 108 says that any Library that has accepted a contract (such as a shrink- wrap contract or accepting terms of service) is bound by that contract. This provision would apply if you download recordings from a website such as iTunes or Audible.com, where you must accept terms of service to make the download.” (Copyright for Schools, page 97-98)

10. More on Audiovisual Copyright  Converting a audio cassette to digital format is an adaptation, creating a derivative work. This is only legal for works no longer available in the marketplace. (DMCA)

11. Student Recordings and Copyright  Can students read a published poem, portion of a story and so on and post the recording on an iPod, Web site or network?

12.  “Live, nondramatic reading is possible for personal, school and library use, but once you start distributing recordings of materials, you quickly get into a quagmire.” (Copyright for Schools – page 134)  The more of a work you use the less likely your use is fair. The wider you distribute the recording, the less likely the use is fair. Copyright is about economics, not education (Copyright for Schools – page 134)  Section 108 of Copyright does give libraries to make copies of materials that are out of print.

13. So where does this leave us?  CDs that are loaned out to classes and returned to the library are definitely within copyright.  Out of print stories that are read by students to create a derivative work that are used in the library or a single classroom are probably within copyright.  Audio stories on cassette that are not available on CD or in a digital format can be converted to a digital format.  Audible.com allows for their works to be used on 3 devices as part of their “shrink wrap” license.

14. So where does this leave us?  Digital recordings have to be closely tracked in order to be sure that they are only being used properly.  Each student created audio file is on only 1 iPod.  Specific iPods are linked to Audible and those iPods only have Audible stories on them.  Stories on cassette and CDs are checked for new formats before being converted.  CDs are being converted to digital format but each file is only on 1 iPod.