1. Copyright and Fair Use Implications for Assistive Technology and Education

2. Objectives Define Copyright and Fair Use Develop awareness of Educational Fair Use Guidelines Identify Copyright Law Exception as it applies to scanning of textbooks for students with disabilities

3. Copyright is law that protects unpublished and published Intellectual Property COPYRIGHT

4. The Intent of the Law The intent of copyright laws is to insure that the people who create “Intellectual Property” can own, control and be paid for their efforts.

5. Intellectual Property Intellectual Property is the concept that creativity and the expression of ideas can be owned and treated as if they are “property” when the ideas are committed to a “tangible medium.”

6. Tangible mediums of expression Written Work –Books, Printed materials (maps, sheet music) Musical works/Works of art (including lyrics) Dramatic Works –Plays, Pantomimes, Choreography

7. And… Digitized Works Sound Recordings Software (since 1980) e-mail, Graphics, and Data Video Works Motion pictures Videotapes, etc.

8. Regardless of whether: It is registered with the Patent and Copyright Office Has a copyright notice Is marked with the © copyright symbol Copyright protection is automatic when intellectual property is created

9. Copyright law protects published and unpublished intellectual property from: Reproduction (copying) Derivative works (based on, adapting) Public distribution Public performance Display Breaking Copyright Law is called Infringement

10. Ideas or Facts Titles/Names Short phrases/Slogans Blank forms Works that lack originality (e.g. phone book) Copyright law does NOT protect:

11. Works in the Public Domain –Public Domain defined as free from copyright or patent and open to use by anyone. Government documents Works not fixed in a tangible form of expression And…..

12. Copyright Exceptions and Fair Use There are two types of exceptions that permit use of Intellectual Property without permission. One exception is written within copyright law and the other is considered “Fair Use.” Fair Use allows reproduction of some copyrighted works for educational purposes.

13. Implications For Assistive Technology The use of some assistive technology devices or software necessitates reproducing copyrighted work from the original into different formats that can be accessed by people who are blind or have other disabilities. This would be infringement but Copyright Law has made an exception.

14. Exceptions to the Copyright Law Law PL 104-197 allows reproduction and distribution of copies or phonorecords, by an authorized entity of non dramatic literary works in specialized formats, exclusively for use by blind or individuals with disabilities.

15. “blind or other persons with disabilities”… … is defined as individuals who are eligible or may qualify in accordance with the Act entitled “An Act to provide books for the adult blind,” approved March 3, 1931 (2U.S.C. 135a; 46 Stat.1487,) to receive books or other publications produced in specialized formats.

16. “specialized formats” means: Braille Audio Digital Text Which is exclusively for use by blind or other persons with disabilities.

17. “authorized entities” means: Nonprofit organizations or governmental agencies whose primary mission is to provide specialized services relating to training, education, adaptive reading or the information access needs of blind or other persons with disabilities. (Chapter I of Title 17, United States Code)

18. Fair Use Guidelines are recognized by the Copyright Office and judges as minimum standards for fair use in education. Fair Use Guidelines

19. Educational Fair Use Guidelines Educational Fair Use Guidelines allow the use of portions of copyrighted works and materials for educational purposes and in educational institutions.

20. Following these guidelines helps protect teachers and students from copyright infringement issues. Copyright exceptions are specific. Educational Fair Use Guidelines are not specific. Determining if something is fair use is different in each case and depends on four factors. Fair Use Guidelines are not specific

21. Fair Use Factors 1.The purpose and character of the use. Is it for non-profit educational use? 2.The nature of the copyrighted work. What kind of intellectual property is it? 3.The amount and substantiality of the portion used. How much was used compared to the whole? 4.The effect of the use upon the potential market for the copyrighted work. Will the use impact the value?

22. What You Can Copy

23. Copyright and Fair Use for Educators Resources The web addresses provide access to handouts and resources that can be reproduced and shared Technology & Learning: Copyright and Fair Use Guidelines for Teachers http://www.mediafestival.org/copychart.pdf Copyright and Fair Use Guidelines for Teachers http://www.mediafestival.org/chartshort.html

24. Or more information at: Hall Davidson’s Copyright Resource Downloads http://www.halldavidson.net/downloads.html Groton Public Schools: Copyright Implementation Manual http://groton.k12.ct.us/mts/eg4.htm

25. What You Can’t Copy

26. Copying shall not: Create, or replace anthologies, compilations, or collective works Replace “consumables” like workbooks, standardized test booklets or answer sheets Substitute for the purchase of books or periodicals Be directed by a higher authority Repeat the same item, year to year by the same person.

27. And… Copying is for only 1 course in the school Multiple copying does not occur more than 9 times per class, per term The student can only be charged for the actual cost of the photocopying Each copy, regardless of medium must include a notice of copyright

28. Remember! When in doubt, GET PERMISSION!

29. Reference Davidson, H. (No Date). Copyright Resources. Copyright and Fair Use Guidelines For Teachers. Available: http://www.mediafestival.org/chartshort.html http://www.mediafestival.org/chartshort.html Davidson, H. (No Date). Copyright Resources. Technology & Learning: Copyright and Fair Use Guidelines for Teachers. Available: http://www.mediafestival.org/copychart.pdf and Technology & Learning: www.techlearning.comhttp://www.mediafestival.org/copychart.pdfwww.techlearning.com Harper, G. (2001, August 9). Crash Course in Copyright. Guidelines For Classroom Copying of Books and Periodicals. Available: http://www.utsystem.edu/ogc/intellectualproperty/clasguid.htmhttp://www.utsystem.edu/ogc/intellectualproperty/clasguid.htm Library of Congress: The Learning Page. (No Date). Questions and Answers: Copyright and Fair Use. Available: http://memory.loc.gov/learn/start/cpyrt/http://memory.loc.gov/learn/start/cpyrt/ Nolo Law For All. (2004). When Copying Is Okay: The “Fair Use” Rule. Available: http://www.nolo.com/lawcenter/ency/article.cfm/objectID/C3E49F67-1AA3-4293- 9312FE5C119B5806/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1Ehttp://www.nolo.com/lawcenter/ency/article.cfm/objectID/C3E49F67-1AA3-4293- 9312FE5C119B5806/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E PBS Teacher Source: Copyright (2004). Copyright and Fair Use. Available: http://www.pbs.org/teachersource/copyright/copyright_fairuse.shtmhttp://www.pbs.org/teachersource/copyright/copyright_fairuse.shtm Stanford University Library. (2003). Copyright and Fair Use. Available: http://fairuse.stanford.eduhttp://fairuse.stanford.edu TEAMS Distance Learning.(No Date). Gayle’s Electronic Classroom: Fair Use in the K12 Classroom. Available: http://teams.lacoe.edu/documentation/classrooms/gayle/gayle.htmlhttp://teams.lacoe.edu/documentation/classrooms/gayle/gayle.html University of Buffalo. (1999, August 31) University at Buffalo Copyright Facts. Available: http://ublib.buffalo.edu/libraries/forms/reserve/copyright.htmlhttp://ublib.buffalo.edu/libraries/forms/reserve/copyright.html