Transcript Copyright Information for Educators

Copyright Information
for Educators:
Protecting Intellectual Property
Melissa Dark
K-12 Outreach Coordinator
CERIAS, Purdue University
[email protected]
765.496.6762
CERIAS Resources
http://www.cerias.purdue.edu/education/K-12
Visit the “Teachers” Section:
–Lesson plans
–Presentations
What is Intellectual Property?
• Original works that are fixed in any
tangible form.
• Includes things that are
– Written, Filmed, Recorded
– Sung, Painted, Sketched
– Spoken, Broadcast, or Published (Web)
Why do we have Copyright?
• Copyright is intended to promote the
progress of science and art
– Article 1, Sect. 8 of the US Constitution.
@ Time of Constitution: Science = Knowledge
– Title 17 of the current U.S. Code
– Digital Millennium Copyright Act
What does Copyright Provide to
Authors/Artists/Creators?
Exclusive Rights* to:
• Reproduction of the work.
• Derivative works.
• Distribution of the work.
• Transfer of ownership.
• Public performance.
• Public display.
*: Copyrights Act. 17 U.S. Code. 1976. Public Law 94-553, Section 106
Clearing Up
Copyright Misconceptions
• Registration is NOT required.
• Copyright Symbol is NOT required.
• Permission for use is REQUIRED from the
copyright holder regardless of:
– Size/Amount of material used.
– Credit given to creator.
– Intent of user is positive or beneficial.
– Free or non-profit use.
– Availability on the WWW.
Fair Use Qualifications:
Limitations on the specific rights of copyright owners
• Criticism
(film clip during a review)
• Comment
(satire: 2 Live Crew/Roy Orbison)
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News Reporting
Scholarship
Research
Teaching
Fair Use Considerations:
1. Nature/Character of the Use:
Education or Reward?
2. Nature of the Original Work:
Was the work designed for schools to purchase?
3. Amount of the Portion Used:
Smaller the amount the more it is seen as Fair Use.
4. Effect of the Use on the Work:
Are you ripping someone off? Does this use prevent
future purchases??
Copyright: Critical Component
The media MUST be used as part
of a lesson plan and NOT as a
reward or for entertainment.
Example #1
You are teaching a unit on “culture” in your high school
Sociology class. Late one Saturday night, you are reading a
chapter from Napoleon Chagnon’s The Fierce People. You
decide that it would be perfect for your class to read as an
introduction to the Yanomamo people. You copy the chapter
and distribute it to your students.
Have you violated copyright?
What if you re-use the copied chapters the following year?
Print Media
• For educational use, a teacher may make a single copy
of a chapter, article, short story, etc.
• Multiple Copies may be made for a class (1 per student)
*if* it meets the spontaneity test.
– The inspiration to use the materials MUST have
occurred close to the use…prevented purchase or
permission.
• Copying must *not* substitute for a purchase.
– Does not allow for reproduction of consumables:
• Workbooks, study guides, etc.
Example #2
Your geometry students have worked very hard during the
semester. Prior to the winter break…you decide to reward
them with a movie for the last 2 days. (This also gives you
a chance to finish your grades!)
You bring in your copy of Dances with Wolves. And let the
kids relax.
Have you violated copyright?
What if you used this video along with a lesson plan on the historical
transition of Native Americans and coupled it with a comparison of the
video with a supplementary article?
Videos
• You may use a videotaped version of a broadcast for 10
school days.
• Retain a videotaped copy of a program for 45 days
(evaluation purposes)---after which it must be erased.
• Some channels grant unique rights to educators--check with them directly. (Discovery, History, PBS, etc)
• May make an archival copy of videos that you have
purchased.
• Media Specialists may not record a program without
instruction---a teacher *must* request it.
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Passed 1998
Publishing to the Web is the SAME as publishing a book.
All of the print regulations apply!
All “things” online are protected by copyright!
Online Guidelines
• For educational use, a teacher (or student) may make a
single printed copy of a chapter, article, short story, etc.
regardless of their offline/online status.
• Multiple Copies of an online or printed item may be made for
a class (1 per student) *if* it meets the spontaneity test.
– After period of spontaneity has passed---must request
permission from the copyright owner TO MAKE PRINTED
COPIES FOR USE IN YOUR CLASS.
• You may NOT re-publish to the WWW without
copyright permission.
– This act is similar to re-publishing a book.
Student Projects/Portfolios
• Generally covered by Fair Use (must be legitimate lessons!)
• Include a line describing the use of certain graphics, etc. as
Fair Use. (credit the owners!)
– Natural Teaching Moment to discuss Copyright!
• Projects and the media which is used MUST be linked to a
specific lesson plan or course objective.
Ex: Student is creating a Website on the Civil War.
• Use of “Dixie” midi file as a background sound= permissible.
• Use of “Thong Song” MP3 file as a background noise would not.
Example #3
A student of yours develops a Website as a project for your
health class. He found several dynamic digestion
animations on the WWW. He incorporates them into this
project which is stored locally (on a disk).
Did he need the permission to use these graphics?
What if he decides to publish this site to the WWW
without permission?
Can you burn it to a CD and distribute it throughout the
state without copyright permission?
Can you share this site with your fellow teachers over the
school’s LAN without permission?
Can my students use graphics,
sounds, videos from the WWW
without permission?
Yes…
• As long as they are used in conjunction with an educational
objective or lesson.
• Once taken out of an educational situation, the materials
no longer fall under Fair Use.
• May not be distributed for profit or gain.
• May not be re-published to the WWW!
Example #4
• A student brings in an audio cassette copy of
the national anthem that he copied from an
audio CD lent to him by a friend. Another
student digitizes this into a Hyper Studio
stack. Is this Fair Use?
– NO! For Fair Use to work…the copy *MUST* be
legally obtained. The student was using an
unauthorized copy.
– Francis Scott Key may be long gone, but the
orchestra that recorded the music is probably still
“stringing along”. 
Software
You MAY:
• Make 1 back-up copy of purchased software.
• Install 1 copy onto the hard drive.
• Adapt a program from one language into another---if it is
not available in that language.
You MAY NOT:
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Make multiple copies of a copyrighted program.
Make copies to sell, lease, loan, or give away.
Sell an adaptation of the program.
Put a single copy on a network without specific site
licenses.
More Quick Examples
• My students designed an educational Website…can they keep it in
their portfolios?
– YES! This applies to all projects created/used educationally.
(may want to include a credit line!)
• As a class project, my student created a great tutorial on first aid.
She used several graphics from the Web. Can we load that
tutorial onto a CD-ROM and distribute to other schools?
– Not without permission from the individuals who hold the
copyright for the graphics. (Issues of Distribution)
• As the Tech Coordinator for my school, I’d like to use several
Disney characters on our main homepage…Is this covered under
Fair Use?
– NO! It is not directly related to an educational objective AND
you have re-published it. You MUST get the permission from
the copyright owner!
Overall, General Guidelines:
• Follow the Copyright Law.
• Ask for permission.
• Do *not* re-publish items to the WWW without express
permission.
• Purchase Royalty-Free Clip/Audio Galleries.
– May be purchased in collection form.
– Double Check the fine Print
– Agreement Hard Copy
– Print it out; Label it; Store it in a folder
• Teach your students to be responsible for their resources.
(PROPER CITATIONS!)
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Information Resource
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Questions??