1. Copyright “Gotchas” To Avoid When Using Media and Electronic Sources in the Classroom Paul Angerhofer BYU University Counsel

2. The information presented here is only general information. Legal advice must be provided in the course of an attorney- client relationship with reference to all the facts of the particular situation under consideration. The information presented here must not be relied on as a substitute for obtaining specific legal advice from your legal counsel. Disclaimer Legal advice

3. General “Gotchas” and © Myths: Myth #1: I don’t need permission because I am only using a small amount of the copyrighted work. Myth #2: I purchased a book, artwork, photograph, CD, or DVD that I’m going to copy, so I already have permission. Myth #3: Because I “innocently” infringed I don’t need permission.

4. Myth #4: Because I am using someone’s copyrighted works for non-profit educational use, I don’t need permission. Myth #5: The work I want to use doesn’t have a copyright notice on it, so it’s not protected by copyright and I’m free to use it. Myth #6: Since I’m planning to give credit to the authors who created the works I copy, I don’t need permission. Myth #7: I don’t need permission because I am going to alter the work I copy.

5. Myth #8: The author of the work that I want to use lives outside of the U.S., so the work is not protected by copyright in the United States. Myth #9: If there is no charge for the copies then it is not copyright infringement. Myth #10: Material I obtain from the Internet is in the public domain and no permission is required.

6. Instructors and students may perform or display a copyrighted work, without seeking permission of the copyright owner, in the course of face-to-face teaching activities at a nonprofit educational institution, in a classroom or similar place devoted to instruction. There are no restrictions on the type or length of work for this purpose. Classroom Setting: 17 USC § 110(1)

7. Distance Education: 17 USC § 110(2) (TEACH Act) The “Technology, Education, and Copyright Harmonization Act” (TEACH) allows for the digital transmission of performances and displays of copyrighted works, without having to obtain prior permission from the copyright owner, as part of synchronous or asynchronous distance education, if certain requirements are met.

8. Avoid non-student access. Access only allowed for enrolled students. Avoid use of commercial works that are sold or licensed specifically for purposes of delivery of digital content for distance education purposes. Avoid use of unlawful copies (pirated works, or works where you otherwise have reason to know the copy was not lawfully made). Avoid material where there is no clear articulable nexus between the instructor’s pedagogical purpose and the kind and amount of content involved. Specific ”Gotchas” in Classroom :

9. Avoid entertainment add-on or passive background or optional reading. Avoid the digital performance or display where material is not an integral part of a class session. In other words, use of a copyrighted work must be part of actual class instruction. Avoid use of works not comparable to amount and duration of what would be displayed or performed in a physical classroom setting -- i.e., §110(2) does not authorize the digital transmission of textbooks or course packs to students. … cont.

10. Avoid interference with copyright holder’s technological (i.e., anti-circumvention) measures that prevent retention and dissemination. Avoid downstream copying by enrolled students. Avoid allowing students access to the materials for longer than is needed. Availability should be coextensive with the duration of the course. Notice. Notify the students that the works may be subject to copyright protection and that they may not violate the legal rights of the copyright holder.

11. (For more complete explanations, please visit http://lib.byu.edu/sites/copyright/ ) http://lib.byu.edu/sites/copyright/ Thank You!