2. Copyright : What Educators Need to Know This presentation compiled from the Library of Congress U.S. Copyright Office web site (http://www.loc.gov/copyright/) and the S.C. Department of Education http://www.loc.gov/copyright/

3. What is copyright? Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

4. Section 106 of the 1976 Copyright Law gives the owner of copyright exclusive rights to do and grant others: To reproduce the work in copies or phonorecords; To prepare derivative works based upon the work; To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; To display the copyrighted work publicly In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

5. Who Can Claim Copyright? Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

6. Why be concerned with copyright compliance? n Respect intellectual rights of creators of information n Reward creativity of authors, artists, musicians, etc. n Legal mandate n Model proper behavior for students, teachers, and other members of educational community

7. What are the Penalties for Violation of Copyright? n $250 - $10,000 per infringement n Software infringement - now a felony n Up to $250,000 per infringement

8. Who’s Liable? n Classroom Teachers n Library Media Specialists n Principals n Curriculum Coordinators n Superintendents n Boards of Education

9. Indirect Liability n Contributory (Media Specialists) –Checked out equipment –Checked out resources n Vicarious ( Media Specialists, Administrators, Teachers, Others) –Knew of infringement but did not report it n Courts have recognized “contributory infringement” n School districts can be held liable for the actions of students and staff

10. “…but I didn’t know!” n Called “Innocent Infringement” n Occurs when infringer was unaware that material was copyrighted n No excuse if work properly displays copyright © notice n Since 1976 all works considered copyright protected n For works published after 1989, a copyright notice is not required so absence of a notice is not grounds for violating copyright.

11. How to Avoid Copyright Mishaps  Always assume there is a copyright  When in doubt, get permission  Give proper credit  Post copyright notices  Have written policies (AUPs, Student work)  Enforce copyright rules  Do training appropriate to grade level  Organize computer area for easy monitoring and interact with students as they work  Explain intellectual property and fair use  Be a good example

12. “Fair Use” Guidelines n Applies to all types of media n Educators may use copyrighted materials under Fair Use if use meets these criteria: The purpose of the use The nature of the copyrighted work The amount of the portion used in relation to the work as a whole The effect the use will have on the potential market for the work used

13. Fair Use n Education Exemption - but… n Not free license to copy anything you want n Cannot copy in place of purchasing n Cannot copy in anticipation of a request

14. SPECIFIC MEDIA Print Resources

15. For research, teaching, or lesson preparation a teacher may copy... n 10% or 1000 words, whichever is less n One chapter from a book n One article from periodical or newspaper n Short story, short essay, short poem n Chart, graph, diagram, drawing, cartoon, or picture from book, periodical, or newspaper n No more than 5 images by a single artist or 15 from a collection

16. A teacher may not... Copy to create anthologies for students rather than purchasing Copy from consumable products Copy entire workbooks, test booklets, etc. in place of purchasing resources Copy at direction of supervisor (principal, other administrators) Use copies of cartoon, TV, or film characters for classroom/hallway decorations, bulletin boards, newsletters or handouts

17. A teacher may make multiple copies for classroom use if... only one classroom set of each item is made each item copied is for classroom discussion each copy includes a notice of copyright each item meets the three tests for copying...

18. Three tests for copying n Brevity n Spontaneity n Cumulative effect

19. SPECIFIC MEDIA Videotapes/Movies

20. A teacher may:  Show a video of a broadcast television program within ten days of the broadcast with the following provisions: n Recording may be retained for 45 days, but must be shown during first 10 school days of the 45-day retention period n After 45-day retention period, recording must be erased n Recording may be made only at request of and used by individual teachers  Utilize Cable-in-the-Classroom, ITV, PBS programming

21.  Show a movie (even if it is labeled “for home use only”) if it meets the 4 criteria of instructional use: n Must be used as part of face-to-face instruction n Must be documented in lesson plans n Must support goals and objectives of lesson n Must be a true and legal copy

22. A teacher may not:  Show a dubbed tape of any program  Show a tape of a movie or other program from a premium cable channel ( HBO, Disney, A&E) n Show a movie for reward or entertainment n Free Friday n During testing n Rainy-day Recess n Field Day n Edit a video

23. Three things to consider when using videos for instruction Consider the educational value Preview before use Videos are not crowd-control devices

24. SPECIFIC MEDIA Computer Software Internet Other Technologies

25. Computer software n Single User n Lab packs n Network license n Site license

26. Don’t copy that floppy or CD-ROM! Don’t install single- user license on more than one workstation Remember!

27. Multimedia Projects OR Excedrin Headache # 113

28. Multiple Copyrights Involved with Multimedia n Moving Images: Video,Laserdisc, DVD, n Still Images: Graphics, Scanned images, Photos, Pictures n Music: Tapes, CDs, n Computer Software: CD-ROM n Internet

29. Multimedia Fair Use Guidelines n Teachers may use parts of legally attained and properly credited copyrighted works to create multimedia curriculum materials n Teachers may demonstrate multimedia creations at professional conferences and retain for professional portfolios

30. n Students may use copyrighted works in multimedia projects n Students may perform and display multimedia projects for academic assignments n Students may include their multimedia projects in electronic portfolios for school and/or job interviews

31. Tips for Multimedia n Invest in clip art, music, video clips created especially for multimedia projects because they are copyright free n Use royalty-free images, music, etc., available on Web

32. Using Internet Materials

33. n Unless specifically stated, everything is copyright protected n Fair Use guidelines apply n May not take print, images, etc., from Internet sites and re-post on school/district Internet site n May post print, images on a protected school/district intranet n May include links to other sites under “implied public access”

34. Some Copyright Reminders  Educational “Fair Use” is not a justification for defying the Copyright Law.  Any resources used in any type of project must be given proper credit.  Consider materials found on the Internet to be copyrighted unless specifically noted as “copyright free.”  Access to information does not mean freedom to copy and use.