1. Copyright and Fair Use
Protecting the Interests of Creators and Users of Content
A Presentation by Linda Holt
Office of Educational Technology
Virginia Department of Education

2. Virginia Department of Education
What is copyright?
The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
Virginia Department of Education

3. Virginia Department of Education
Copyright Timeline
1976: Revision of the U.S. Copyright Act
1996: Fair Use Guidelines
1998: Digital Millennium Copyright Act
2002: TEACH (Technology Education and Copyright Harmonization) Act
Under revision of US Copyright Act in 1976, fair use doctrine was codified. Allowed library photocopying without permission for purposes of scholarship, preservation, and interlibrary loan under certain circumstances.
Guidelines on use of multimedia in education established through group effort of media producers, publishers, and media consumers in 1996.
Digital Millennium Copyright Act deals with Internet and digital technologies. (Software, digital transmission of recordings, transfer of obsolete media to current technology if the item is no longer available in a non-obsolete format.
TEACH Act expands scope of materials that may be used in distance education. Identifies the restrictions and responsibilities attached to use of materials to deliver instructional content.
Virginia Department of Education

4. Virginia Department of Education
What is protected?
All tangible creative works are protected by copyright immediately upon creation
Virginia Department of Education

5. Virginia Department of Education
What is not protected?
Works not fixed in a tangible form of expression
Titles, names, short phrases, and slogans
Familiar symbols or designs
Variations of typographic ornamentation, lettering or coloring
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6. Works not protected include
Listing of ingredients or contents
Ideas, procedures, methods, systems, processes, concepts, principles, explanation, or an illustration
Works consisting entirely of information that is common property and contains no original authorship
Virginia Department of Education

7. Virginia Department of Education
Public domain
Works published before January 1, 1923
Works published between 1923 and 1978 that did not contain a valid copyright notice
Works published between 1923 and 1978 for which the copyright was not renewed
Works authored by employees of the federal government
Works that the copyright owner has freely granted to the public domain
The Sonny Bono Copyright Extension Act (CTEA) was signed into law in October Extended the copyright of all items under copyright as of the date of the implementation of the act. No published works will enter public domain until January 1, Extended the copyright to life of the author plus 70 years, or 95 years of date of creation for corporate works, films, etc.
Virginia Department of Education

8. Virginia Department of Education
When in doubt….
Assume that a work is copyrighted and
Ask permission!
Virginia Department of Education

9. Virginia Department of Education
What is fair use?
The fair use doctrine was created to allow the use of copyrighted works for criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction.
Virginia Department of Education

10. 4 Factors That Determine Fair Use
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
the nature of the copyrighted work.
the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
the effect of the use upon the potential market for or value of the copyrighted work.
Section 107 of the Copyright Act of 1976
Virginia Department of Education

11. Purpose and character of the use
Does the new work transform the original work or offer something beyond the original? Copyrighted works that are altered significantly are more likely to be considered fair use.
Is the use for nonprofit or educational purposes? Copyrighted works used for nonprofit or educational purposes are more likely to be considered fair use.
Virginia Department of Education

12. Nature of the copyrighted work
Is the copyrighted work published or unpublished? Published works are more likely to be considered fair use.
Is the original work out of print? Out of print works are more likely to be considered fair use.
Is the copyrighted work factual or creative? Factual works are more likely to be considered fair use.
Virginia Department of Education

13. Virginia Department of Education
Amount and substantiality of the portion used in relation to the copyrighted work as a whole
Is the amount of the original work used reasonable? The smaller the percentage of the work used, the more likely it is to qualify as fair use.
Is the section of the original work used the most important part of the work? The less significant the portion of the work used, the more likely it is to be considered fair use.
Virginia Department of Education

14. Virginia Department of Education
The effect of the use upon the potential market for or value of the copyrighted work:
Does the new work appeal to the same audience as the original work? Copyrighted works that are used for another purpose or designed to appeal to a different audience are more likely to be considered fair use.
Virginia Department of Education

15. Copy guidelines for educators
Single chapter of a book
Excerpt from a work that combines language and illustrations not exceeding two pages or 10% of the work, whichever is less
Article, short story, or essay of 2,500 words or less
Excerpts of up to 1,000 words or 10% of a longer work
Single chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper
Virginia Department of Education

16. Copy guidelines do not allow
Copying multiple copies of different works as substitute for purchase of books or periodicals
Copy same works for more than one semester, class, or course
Use copyrighted work for commercial purposes
Use copyrighted work without attributing the author
Virginia Department of Education

17. Off-air taping guidelines
the program is recorded simultaneously with the broadcast.
the program is being broadcast without charge.
the program is recorded only in response to a specific request.
the program is recorded (but not necessarily used) in its entirety.
the program is not altered.
the tape is retained by the educational institution for no longer that 45 days after the date of the recording.
the tape is used only once with each class during the first ten consecutive school days of the 45-day retention period.
the tape is used from the tenth to the 45th day of the retention period for teacher-evaluation purposes only.
Virginia Department of Education

18. Virginia Department of Education
Guidelines established in 1976 allow educators who have bought or rented videocassettes designated for home use only to use those videocassettes for face-to-face student instruction -- but not for student entertainment.
Virginia Department of Education

19. Multimedia Project Quantity Limits
Motion media: Up to 10% or 3 min. of an individual program
Text:
Up to 10% or 1000 words
Short poems (250 words or less) in their entirety
No more than 3 poems/excerpts by 1 poet; 5 by multiple poets in an anthology
Music, Lyrics, Music Video
Up to 10%
No more than 30 seconds
Illustrations, cartoons, photographs
No more than 5 images by a singe artist or photographer
No more than 10% or 15 images from a collective work
Numerical data sets
10% or 2,500 fields or cells
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20. Retention of multimedia projects
Students may retain indefinitely
Teachers may retain for up to 2 years
Must obtain permission from each copyright holder to retain beyond the 2 year period
Virginia Department of Education

21. Nancy Willard recommends
Use public domain resources whenever possible. Materials created by the federal government are all in the public domain, and many public agencies have created educational materials.
Develop collaborative efforts with other teachers to create and disseminate public domain materials for educational use.
Ask permission, and teach students to ask permission, before using any material about which there is a question.
Virginia Department of Education

22. Virginia Department of Education
School use of software
Commercial software
the software is covered by copyright.
although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed.
modifying the software is not allowed.
decompiling (reverse engineering) of the program code is not allowed without the permission of the copyright holder.
developing new work built on the package (derivative work) is not allowed without the permission of the copyright holder.
Virginia Department of Education

23. Virginia Department of Education
Shareware software
the software is covered by copyright.
although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed.
modifying the software is not allowed.
decompiling (reverse engineering) of the program code is not allowed without the permission of the copyright holder.
developing new work built on the package (derivative work) is not allowed without the permission of the copyright holder.
Virginia Department of Education

24. Virginia Department of Education
Freeware
the software is covered by copyright.
copies of the software can be made for both archival and distribution purposes but that distribution cannot be for profit.
modifying the software is allowed and encouraged.
decompiling (reverse engineering) of the program code is allowed without the explicit permission of the copyright holder.
developing new work built on the package (derivative work) is allowed and encouraged with the condition that derivative work must also be designated as freeware. That means that you cannot modify or extend freeware and then sell it as commercial or shareware software.
Virginia Department of Education

25. Virginia Department of Education
It's important to recognize, however, that when you buy or download software not in the public domain, you do not actually own the software; you merely acquire a license to use it in accordance with certain conditions. Because those conditions vary from program to program, you should carefully read the licensing agreement for every piece of software you use.
Virginia Department of Education

26. The Internet is NOT in the public domain
Guidelines for public domain and copyright protected works predate many of newer technologies
Copyrighted work on the Web is governed by an international treaty, the Berne Convention for the Protection of Literary and Artistic Works.
Don't assume that a work that is in the public domain in the United States is also in the public domain in another country.
Virginia Department of Education

27. What to avoid when posting work you have not created to the Web:
Copying and posting links that contain descriptions of the linked sites, although posting links that contain only a URL and the title of the site is generally acceptable.
Downloading graphics, including bullets, logos, fonts, photographs, and illustrations.
Framing information from another site, particularly if you delete the site's ads or identifying information or make it look as if the information is your own.
Deep-linking to an interior page of a site. Bypassing advertising or identifying information on a site's main page may deprive the copyright owner of revenue.
Copying a site's html code.
Just because a copyrighted work is already posted on the Web doesn't mean it's there legally. Even sites that have obtained the required permission may not have the right to transfer that permission to you. Always get permission to use a copyrighted online work from the owner of that work, not from a secondary source. If you plan to use the work online, be sure to get permission to use the work electronically. Print rights and electronic rights are not the same thing.
Virginia Department of Education

28. Ask permission if you plan to
post, or quote from, s posted to a mailing list, message board, or newsgroup. Most participants in such groups intend their remarks for a limited audience and may not appreciate wider distribution. No one likes being quoted out of context!
post, or quote from, personal s.
link to sites that contain large amounts of video or audio. The resulting traffic can seriously strain some servers.
Virginia Department of Education

29. Ways to limit district liability
Establish a process to ensure that all materials on the district Web site are closely evaluated.
Provide professional development for teachers and instruction to students about defamation, invasion of privacy, harassment, and copyright law.
Include an immunity provision in the policy.
Take prompt action if accusations are made.
Be prepared to stand up for staff or students if false accusations are made.
Virginia Department of Education

30. Teacher’s Responsibility
"Help students learn about the value of created works and develop respect for the creators by discussing the importance of such works on the advancement of society."
"Teach students to request permission when in doubt about the status of a particular work or the appropriateness of their use of that work."
"Teach students how to request permission."
Virginia Department of Education

31. Virginia Department of Education
Questions?
Virginia Department of Education