2. Copyright Compliance Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

3. What is copyright? “The statutory privilege extended to creators of works that are fixed in a tangible medium of expression.” (Bruwelheide, 1995) Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

4. 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 Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

5. Information Literacy Standards for Student Learning Standard No. 8: The student who is information literate “…practices ethical behavior in regard to information and information technology.” Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003 Reprinted with permission from Information Power: Building Partnerships for Learning, published by the American Library Association..

6. NETS for Students n PreK-2 – –Demonstrate positive social and ethical behaviors when using technology – –Practice responsible use of technology systems and software. n Grades 3-5 – –Exhibit legal and ethical behaviors when using information and technology, and discuss consequences of misuse. Reprinted with permission from National Educational Technology Standards for Students - Connecting Curriculum and Technology, published by the International Society for Technology in Education (ISTE) NETS Project. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

7. NETS for Students n Grades 6-8 – –Exhibit legal and ethical behaviors when using information and technology, and discuss consequences of misuse. n Grades 9-12 – –Demonstrate and advocate for legal and ethical behaviors among peers, family, and community regarding the use of technology and information. Reprinted with permission from National Educational Technology Standards for Students - Connecting Curriculum and Technology, published by the International Society for Technology in Education (ISTE) NETS Project. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

8. Penalties and Liabilities Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

9. Fines n $250 - $10,000 per infringement n Software infringement - now a felony n Up to $250,000 per infringement Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

10. Who’s Liable? n Classroom Teachers n Library Media Specialists n Principals n Curriculum Coordinators n Superintendents n Boards of Education Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

11. Indirect Liability Contributory Contributory (Library Media Specialists) –Checked out equipment –Checked out resources Vicarious Vicarious (Library Media Specialists, Administrators, Others) –Knew of infringement but did not report it Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

12. “…but I didn’t know!” Called “Innocent Infringement” Called “Innocent Infringement” Occurs when infringer was unaware that material was copyrighted Occurs when infringer was unaware that material was copyrighted No excuse if work properly displays copyright © notice No excuse if work properly displays copyright © notice Since 1976 all works considered copyright protected Since 1976 all works considered copyright protected Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

13. Fair Use n Applies to all types of media n To give certain users conditional permission to use copyrighted materials if certain criteria are met Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

14. 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 n Allows for spontaneity of use Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

15. Fair Use n Does not allow use of commercial videos for re-enforcement, entertainment, or reward without paying public performance rights fees in advance Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

16. SPECIFIC MEDIA Print Resources Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

17. For research, teaching, or lesson preparation a teacher may copy... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

18. 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 Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

19. A teacher may not... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

20. n Copy “to create or to replace or to substitute for anthologies, compilations, or collective works.” n Copy from consumable products n Copy to substitute for purchasing resources n Copy at direction of superior, i.e. principal n Copy same item each semester Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

21. A teacher may make multiple copies for classroom use if... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

22. n only one copy of each item per student is made (classroom set) n each item copied is for classroom discussion n each copy includes a notice of copyright n each item meets the three tests for copying... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

23. Three tests for copying n Brevity n Spontaneity n Cumulative effect Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

24. SPECIFIC MEDIA Videotapes/Movies Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

25. Commercial videos (movies) n Cannot be used for reward or entertainment n Free Friday n During testing n Rainy-day Recess n Field Day Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

26. Commercial videos (movies) n Must be used as part of face-to-face instruction n Must be documented in lesson plans, showing how the video supports goals and objectives of lesson plan n Must be a true and legal copy Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

27. Commercial videos (movies) n Can be rented from video rental store or public library n Borrowed from a student n Owned by the classroom teacher n Purchased by the school Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

28. But... Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

29. 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 plan n Must be a true and legal copy Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

30. Good Rule of Thumb n Consider any program on regular networks, e.g. ABC, CBS, NBC to be restricted clearance – no taping rights n Encourage use of Cable-in-the- Classroom programming Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

31. Fair Use of Recorded Television Programming Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

32. n n “Off-air” recording refers programs received with antenna n n Ten-day Fair Use Guidelines apply n n Recording may be used once as part of teaching activities n n All premium channels (received with cable or satellite) are restricted – no recording rights (use Cable-in-the-Classroom programming) Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

33. n n Recording must be shown during first 10 school days of the 45-day retention period n n After 45-day retention period, recording must be erased n n Recording may be made only at request of and used by individual teachers Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

34. n n Recording may not be made in anticipation of a request by individual teachers n n Recording must include copyright notice on the broadcast program as recorded Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

35. Three things to consider when using videos for instruction Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

36. n Consider the educational value of any video n Preview before use n Videos are not crowd-control devices Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

37. OTHER MEDIA Computer Software Internet Other Technologies Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

38. Computer software n Single User n Lab packs n Network license n Site license Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

39. Don’t copy that floppy or CD-ROM!Don’t copy that floppy or CD-ROM! Don’t install single- user license on more than one workstationDon’t install single- user license on more than one workstation Remember! Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

40. Multimedia Projects Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

41. Multiple Copyrights Involved 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 Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

42. Student Use 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 assessment purposes Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

43. n Faculty may incorporate copyrighted works into multimedia creations to create multimedia curriculum materials n Faculty may demonstrate multimedia creations at professional conferences and retain for professional portfolios n Time limit on fair use - 2 years from completion of work Teacher Use Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

44. Best Solution 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 Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

45. Using Internet Materials Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

46. 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 Internet site n May post on a protected school/district intranet n May include links to other sites under “implied public access” Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

47. How much can I use? Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

48. n Motion images - up to 10% or 3 minutes - whichever is less n Text - up to 10% or 1000 words - whichever is less n Music - up to 10% or 30 seconds, whichever is less Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

49. n Photos and images - up to 5 works from one author; up to 10% or 15 works, whichever is less, from a collection n Database information - up to 10% or 2500 fields or cell entries, whichever is less Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

50. Managing Copyright Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

51. n The Library Media Specialist is not the "copyright police"! n The Principal is ultimately responsible for copyright compliance in the school. n The Principal should establish a copyright policy for the school. n The Library Media Specialist should offer assistance to faculty/staff to facilitate copyright compliance. n An annual copyright in-service should be conducted for faculty/staff. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

52. n Notify principal of known infractions n Can't know everything - But… n Can show that you are complying to the best of your ability n Redundant communication Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

53. Compliance Form for LMC Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

54. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

55. Request to tape Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

56. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

57. Blanket Release Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

58. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

59. Copyright Notice Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

60. Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

61. Additional Resources n Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators. ISBN 0838906427 n Bielefield, Arlene and Lawrence Cheeseman. Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. ISBN 155570278 n Simpson, Carol Mann, Copyright for School Libraries: A Practical Guide. ISBN 0938865315 Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

62. A Closing Thought Strange how much you’ve got to know before you know how little you know! -Duncan Stuart Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003