1. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Copyright or Wrong John Brim Instructional Technology Division North Carolina Department of Public Instruction

2. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Essential Copyright Questions If caught, will I: go to jail? be sued? be fired? Will my teachers or students go to jail? Do I need to worry about copyright?

3. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Why Care? Law, policy, curriculum, ethics

4. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Law United States Constitution, Article I, Section 8 The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Federal Law Title 17, U.S. Code

5. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Copyright Policy State & Local Technology Plans Local School Board policy Local Acceptable Use Policy

6. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Curriculum – NC SCOS Computer skills curriculum Information skills curriculum Language Arts curriculum

7. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Ethics What are we teaching? “Well, they’re just kids” Modeling behavior What is right?

8. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Copyright Basics

9. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scope of Copyright - Five Fundamental Rights Reproduction Adaptation Publication Performance Display

10. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Fair Use A legal principle that defines the limitations on exclusive rights of copyright holders Agreement between Congress, producers, users

11. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Fair Use Conditions 1.Non-profit educational institutions or homebound instruction 2.Face-to-face instruction – students and teachers 3.Support of curricular objectives 4.Legally obtained

12. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Fair Use Factors/Test 1.Purpose and character of use 2.Nature of copyrighted work 3.Amount copied 4.Cumulative effect of use

13. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Public Performance in a Classroom Copyright holders have exclusive rights to public performances of their works Things you watch or listen to at home may not be shown publicly

14. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The Mural Parent volunteers create a colorful mural featuring cartoon characters and characters from popular fiction on the wall of the library during the summer. Have they violated copyright?

15. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Yes Adaptation and reproduction of copyrighted cartoon characters is a violation of copyright. If the characters are trademarked it is a violation of trademark laws.

16. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario - Reading Help Ms. Meisner reads a book into a tape recorder so a student may listen to it as he reads the book. Has she violated copyright?

17. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Yes Recording the text of the book onto an audiotape is like making a photocopy.

18. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The English Lit Class Mr. Charles rents a copy of Romeo and Juliet at the local video store to show his literature class. Has he violated copyright?

19. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION No School Rental of Videotapes for Classroom Use 1985 interpretation by the NC Attorney General of “Home Use Only” specific exemption found in Section 110 (1) of the Copyright Statue

20. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The New System A media coordinator digitizes her videotape collection so it can be used on the new digital video distribution system. Has she violated copyright?

21. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Yes Reproduction - made a copy Adaptation - changed format from analog video (videotape) to digital (computer file) Publication/Performance - distribution of an illegally obtained video

22. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The Talent Show At a PTA sponsored talent show in the school auditorium, students sing and dance to music played on a boom-box. The did not secure permission to use the works. The PTA charges admission to cover their costs. Have they violated copyright?

23. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Section 110(4) - Certain Other Nonprofit Performances Guidelines for Educational Use of Music – 1976 This is not fair use! Nondramatic musical works No commercial advantage No payment of performers, promoters, or organizers No admission charge, But – may charge if used exclusively for educational, religious, or charitable purposes; no private financial gain, Copyright owner can serve notice of objection to the performance. http://www.lib.jmu.edu/org/mla/faq/performing%20rights/Performance%20Permission.asp

24. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The Fundraiser A member of the PTA videotapes the orchestra’s performance of their spring concert. Tapes of the concert are sold to parents and community members as a fundraiser. Have they violated copyright?

25. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Yes purchase of public performance rights allows only the performance – mechanical reproduction is prohibited music is copyrighted arrangement of music is copyrighted performance (by students) is copyrighted

26. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION “Multimedia – a copyright infringement nightmare!” Simpson, Carol M. Copyright for Schools: A Practical Guide. 3 rd ed. Worthington: Linworth Publishing, Inc., 2001.

27. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Multimedia Citation Opening screen must have a statement that materials used in presentation are copyrighted Credit the sources Display copyright notice © Show ownership info

28. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Teacher Use Face-to-face curriculum-based instruction Demonstrations of how to create multimedia productions For remote instruction as long as the distribution signal is limited Kept for only 2 years

29. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The Project A student downloads a photograph she found online and uses it in her multimedia project. Has she violated copyright?

30. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Issue - Pictures A photograph or illustration may be used in its entirety No more than 5 images of an artist’s or photographer’s work When using a collection, no more than 10% or no more than 15 images, whichever is less

31. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The Project A student incorporates the text of Martin Luther King’s “I Have a Dream” speech into his multimedia project on the civil rights movement. He adds a 20 second video clip of the speech as an introduction. Is this OK?

32. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Issue - Text Up to 10% or 1000 words, whichever is less the speech contains 1,650 words

33. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Issue - Video up to 10% of motion media or 3 minutes, whichever is less the clip cannot be altered

34. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The Project A student uses the song “Starry Night” by Don McLean and pictures of 10 Van Gogh art works in a biographic multimedia presentation on the artist. Has he violated copyright?

35. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Issue - Music Up to 10% but no more than 30 seconds Alterations cannot change the basic melody or the fundamental character of the work

36. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Issue - Pictures No more than 5 images of an artist’s or photographer’s work Isn’t Van Gogh’s work public domain? A photograph or illustration may be used in its entirety

37. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Pictures - continued When using a collection, no more than 10% or no more than 15 images, whichever is less

38. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The Presentation A group of teachers presents at conference. In their presentation, they use pictures taken at their school, music captured from a CD, and student multimedia projects that contain copyrighted materials. Have they violated copyright?

39. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Issue - Pictures Original pictures belong to school and do not have copyright issues

40. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Issue - Music Up to 10% but no more than 30 seconds Alterations cannot change the basic melody or the fundamental character of the work

41. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Issue – Student Projects If the student project contains copyrighted materials, only the student may make the presentation. Teachers may not keep copies If no copyrighted materials are used, only the student’s permission is required.

42. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Teacher Projects May teachers use copyrighted materials in multimedia projects created for workshops, staff development, and conferences?

43. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Teachers “…multimedia projects may be used to teach in-service classes, for presentations at faculty meetings, workshops, and conferences.” Becker, Gary H. Copyright: A Guide to Information and Resources. 3 rd Ed. Lake Mary, 2003. 58-59.

44. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Internet No fair use guidelines Assume everything is copyrighted Use existing fair use guidelines for appropriate media format

45. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Fair use ends when control of the work is lost, such as when it is accessed by others over the Internet.

46. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Scenario – The Web site A Web savvy student creates your school’s Web site. The principal finds information that she considers controversial and has the system’s technician remove it from the site.. Has she violated copyright?

47. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Unless the Web site was created as a work-for-hire or under a written agreement, the student holds the copyright.

48. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Managing Copyright Policy Carol Simpson, Assistant Professor at University of North Texas Copyright for Schools: A Practical Guide. 4th ed. Worthington: Linworth Publishing, Inc., 2005.

49. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Managing Copyright Things People

50. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Things Recordkeeping licenses purchase orders/performance rights Post copyright compliance notices on equipment

51. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Things Clarify what is protected information labels compliance statements Tell people what they may use fair use licenses permissions

52. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION People - Teachers Handle resistance Eliminate myths Educate the faculty/admin/staff Take small steps

53. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION People Staff clerical staff usually not aware of copyright restrictions Students ethics and fair use curriculum

54. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Roles - Media & Technology staff Not the copyright police Most knowledgeable person on staff

55. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Roles - Media & Technology staff Education and awareness policy faculty meeting reviews signed statement yearly usage forms

56. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Roles - Principal Administrator is most at risk Make policy known Support to media /technology staff

57. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Roles -Principal Model and support appropriate behavior Be aware - monitor hallways, classrooms, extracurricular activities

58. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Roles – Teachers & Staff Understand fair use Abide by copyright laws and policies Model copyright compliance

59. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Roles - Students Learn and follow the rules fair use rights citations

60. PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION More Information Citation information www.ncwiseowl.org/reference/citations.htm Copyright handout http://www.ncwiseowl.org/zones/profession al/Conferences/Copyright.doc John Brim, 919-807-3288, jbrim@dpi.state.nc.us In compliance with federal law, including the provisions of Title IX of the Education Amendments of 1972, N C Public Schools administers all state-operated educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender, except where exemption is appropriate and allowed by law.