1. Gerri Spinella Ed.D. Elizabeth McDonald Ed.D.
Teachers and The Law 7th Chapter 8 How Does Copyright Law Affect Me? Fischer, Schimmel, Stellman PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
This multimedia product and its contents are protected under copyright law. The following are prohibited by law:
any public performance or display, including transmission of any image over a network;
preparation of any derivative work, including the extraction, in whole or in part, of my images;
any rental, lease, or lending of the program.
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2. Key Concepts How Does Copyright Law Affect Me?
Introduction to Copyright Law
Materials Covered by Copyright
Fair Use
Created by the National Child Abuse Prevention and Treatment Act
Copyright Violation
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Copyright © Allyn & Bacon 2007

3. How Does Copyright Law Affect Me?
Chapter 8
How Does Copyright Law Affect Me?
Essential Question
In what ways does the copyright law affect educators?
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4. Key Terms Chapter 8 Common-law copyright (106)
Federal copyright law (106)
Work for hire (107)
Joint work (109)
Reasonable effort (109)
Independent contractor (110)
Doctrine of Fair Use (111)
Abrogate (117)
Common-law copyright – right of first publication authors have the right to publish their writing first; gives authors exclusive right to control who can make copies of their work
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Copyright © Allyn & Bacon 2007

5. Case Presentation The Williams Case pp. 106-107
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Copyright © Allyn & Bacon 2007

6. History of Copyright Law
Introduction to Copyright Law
History of Copyright Law
Copyright Law – gives the author the right to establish ownership of a creative work and to prevent anyone else from copying it or using it in any other way without the author’s permission
Traced to Renaissance Italy
1600 England
1790 US Constitution
1976 Copyright Act
1978 Federal Legislature on Copyright
2002 TEACH Act
-Italy – architects exclusive rights over work
England – law protected the printer but not the author
US Constitution: secured exclusive rights to writing and discoveries to authors and inventors
1978 Comprehensive to supersede most rules under the common law of copyright
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

7. Materials Covered by Copyright
Intellectual products before publication
Drawings
Writings
Photographs
Musical scores
Grant proposals through a university to the government are not covered.
Copyright is needed to protect material.
Copyright Art of 1976
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Copyright © Allyn & Bacon 2007

8. Obtaining Copyright Copyright Acts of 1976 includes the following:
symbol © or the words “copyright” or Copr
The year of first publication of the work
The name of the owner of the copyright
1988 – Berne Convention Implementation Act discusses affixing the notice
Register the copyright and deposit two copies of the work along with a nominal fee with the copyright office within three months
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9. Copyright Guidelines
The right of first publication exists under common law exists indefinitely
Copyrights last until 50 years
Owner of copyright can transfer this right to someone else
If two or more authors collaborate, they both own the right to the entire work
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10. Internet Copyright Law
The 2001 Ninth Circuit court granted an injunctive relief against Napster Corporation requiring the corporation to ensure copyrighted music was no longer being distributed using its program.
Enforcement of copyrights on the internet requires service providers to post copyright material and may reveal the identity of a user who posts material which infringes a copyright.
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11. Fair Use Courts consider the following criteria:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purpose;
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 value of the copyrighted work.
It is possible to make copies of an author’s copyright work without first securing permission
U.S. Supreme Court – Harper & Row – exclusive right to license prepublication excerpts of President Ford’s memoirs; they agreed to let TIME magazine publish an excerpt; but shortly before it was to appear---an unauthorized source sent a copy of the manuscript to the NATION (they used words of the copyrighted material was used. It was found that there was a burden of proof to be proved by Harper Row and they can cancelled using this information
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

12. Teachers and Fair Use Guidelines include the following:
Make single copy of the copyrighted works for their own use in scholarly research or classroom preparation (ex. chapter, article, short story etc.)
Make multiple copies for use in classroom; providing that the copying meets certain tests of brevity, spontaneity, and cumulative effect.
There are exceptions to the “fair use” for libraries that follow standards.
Page 113
Brevity – poem (250 words); complete article less than 2,500 words; excerpt of prose (1,000 words or 10%), one chart, diagram
Spontaneity: inspiration
Cumulative effect-used for one course, not more than one short poem, article, story, essay; two excerpts are copied from the same author, or more than 3 from the same collective work or periodical volume during one class term; not more than nine instances of such multiple copying for one course during one class term
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Copyright © Allyn & Bacon 2007

13. Copyright Use for Computer Software
1980 Federal Law – computer software is eligible for copyright
Teachers who load a copyrighted program onto a classroom terminal or make a backup copy of a program are not infringing on copyright.
Teachers who make copies of software for students are infringing on copyright.
In 1992, the U. S. Departments of Justice and Education issued a report calling on schools to expand their teaching of the ethical use of computers.
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14. Fair Use To Videotape For Educational Purposes
Federal allow allows only libraries or archives to tape an audiovisual news program
In 1979, the House Judiciary Committee developed appropriate guidelines.
In 1984, U.S. Supreme Court established a standard for fair use in videotaping.
1979: guidelines – nonprofit educational institutions may videotape only 45 days (unless they obtain license); then tape must be erased; During the first 10 consecutive school days after taping, teachers may use the tapes for instructional purposes….repeat only for purposes of instructional reinforcement; after 10 day period, tape may be used only for purposes of evaluating its educational usefulness
1984 Sony sale of videotaping equipment to the general public constituted an infringement of copyright…court held that private home-use time shifting was permissible, did not endorse using this outside the home;
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Copyright © Allyn & Bacon 2007

15. Copyright Violation
When schools are considered as an agency of the state government , they are
immune from suit under the 11th Amendment.
in most states, however, local boards of education are not considered state agencies.
Penalties for violating copyright:
Court may issue injunction or may impound all copies claimed to be in violation.
Copyright owner may collect monetary awards.
Criminal sanctions may be levied if the violation was proven willful and for purposes of commercial or private gain.
Monetary awards – actual damages the copyright owner has sustained; or the amount to be determined by the court (range is $500-$20,000 for an infringement of any one week….or increase to $100,000
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Copyright © Allyn & Bacon 2007

16. Analysis of The Williams Case
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17. Case Study Initial Proceedings Complaint Defendant
Answers (30 days) or motion to dismiss
Facts of claim by plaintiff seeks
Complaint
Interrogatories
Depositions
Document Requests
Case Study
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
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18. How Does Copyright Law Affect Me?
Chapter 8
How Does Copyright Law Affect Me?
Based upon the copyright law, how will you address potential copyright violations in your school setting?
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