Transcript Copyright Basics

Copyright Basics
Clarifications for Teachers and
Students
What is copyright?
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Originating in the Constitution, copyright is extended
to “original works of authorship fixed in any tangible
medium of expression, now known or later
developed, from which they can be perceived,
reproduced, or otherwise communicated, either
directly or with the aid of a machine or device.”
(Section 102 of the Copyright Act)
These works include literary works, musical works,
dramatic works, sound recording, computer
programs, and architectural works.
Is there anything to which copyright
protection does not extend?
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Works that have not been written or recorded
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Ideas, procedures, methods, discoveries are not
protected
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Works that contain no original authorship (for
example: standard calendars, height and weight
charts, tape measures and rulers, etc.) cannot be
copyrighted
Lists of data (such as the telephone book)
Most U.S. government materials (some items created
by contractors for the government might be
copyrighted)
Facts
What rights to copyright holders
have?
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The right to reproduction of their work
The right to adaptation or creation of
derivative works
The right to distribute copies by sale, gift,
rental, lease or lending
The right to public performance
The right to public display
How long does copyright last?
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Assume that all works created and put down
in tangible form on or after January 1, 1978
are copyrighted, unless shown otherwise, for
the life of the author plus 70 years
Works created more than 75 years ago likely
have no protection, unless a new edition has
been released. All works created before 1923
and most between 1923-1963 are in the
public domain, and may be used without
restriction
What if there’s no symbol?
Doesn’t matter. Any creative work published in
print, on the internet, or any other format is
considered to be protected with or without a
copyright symbol accompanying it.
As educators, aren’t we entitled to
use what we need?
Title 17 of the US Code gives schools special
exceptions to strict copyright requirements,
called “Fair Use” conditions. However, even
these provisions have limits, and don’t give
teachers free rein or total exemption from
penalties. Fair Use balances the rights of the
user and the author
What are the “Fair Use” provisions?
The factors to be cumulatively considered
include:
 The purpose and character of the use
 The nature of the copyrighted work
 The amount and substantiality of the portion
used in relation to the whole
 The effect of the use upon the potential
market for or value of the copyrighted work
So how much can we copy?
For purposes of research, teaching, or
preparation for teaching, you may copy,
retain, post, or read to the class:
 A single copy of a chapter from a book
 A single copy of an article from a periodical or
newspaper
 A single copy of a short story, short essay or
short poem
 A single copy of a chart, graph, drawing,
cartoon, diagram, or picture per book or
periodical
What about multiple copies?
Making multiple copies for student use in a
classroom is permissible provided:
 Only one copy per student is made
 The teacher actually uses the copies for a
specific activity or discussion
 Each copy has the copyright notation visible
 Each copying meets the three tests of brevity,
spontaneity, and cumulative effect. These
tests are very specific, and each copy must
meet all three tests.
Brevity refers to how much is copied
 Poems less than 250 words may be copied in
their entirety. If they are longer, only 250
words may be copied
 Prose including articles, stories, or essays of
less than 2500 words may be copied in their
entirety, but copying for other types of prose
such as novels, plays, or letters must not
exceed 1000 words or 10% of the whole
Brevity, cont.
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No matter what the length of the work, an
excerpt of 500 words may be copied
One chart, graph, drawing, cartoon, diagram
or picture may be copied per book or
periodical issue. These copies must be exact
copies, and cannot be modified in terms of
size or in any other way
Spontaneity refers to the initiation and timing of the
decision to use a copyrighted work
 The idea and decision to make multiple copies must
be at the inspiration of the individual teacher,
implying that the department head or supervisor
cannot direct a teacher to make copies
 The idea and decision to use the work and the time
that it will be used are so close in time that it would
be unreasonable to expect a timely reply to a request
for permission. The same item may not be used in
subsequent semesters or years without permission
(allow 3-4 weeks)
Cumulative effect addresses the substitution of
copying for purchasing
 Class copies of one short poem, article, story or
essay or two excerpts from the same author may be
made per term
 If the copies are taken from a collected work or
periodical volume, three or fewer items may be
copies per term
 Current news articles (up to 2 months) are exempt
 No more than nine items from periodicals may be
copied in multiples per course during one class term
Four prohibitions to the print permissions must be considered in
determining cumulative effect:
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Copying shall not be used to create, replace, or substitute for
anthologies, compilations or collective works
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Works intended to be “consumable” may not be copied (pages
from workbooks, tests, standardized tests, answer sheets,
worksheets, cut-outs, or templates that would be destroyed
during initial use)
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Copying may not substitute for purchase of materials, be
directed by a higher authority, or be repeated with respect to
the same item from term to term
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No charge beyond the cost of the actual copying may be
incurred
How much of an audiovisual or Internet
site can be used to create a new work?
The Fair Use Guidelines to Educational Multimedia set these limits:
Motion Media
Text
Poetry
10% or 3 minutes
10% or 1000 words
250 words; no more than 3
poems by same author
Music, Lyrics, Video
10% or 30 seconds
Photos & Illustrations
5 images from one artist
15 images from a collection
Numerical Data Sets10% of 2500 fields or cells
All materials used must be properly cited! The opening screen
should indicate that the new work contains coyrighted items
used under Fair Use Guidelines
Are there other guidelines for the
new works?
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Newly created multimedia works must support direct
instruction
Multimedia works by students may be used in the
class for which they were created
Multimedia works may be retained in student
portfolios for interviews, applications, etc.
Teachers may only retain their works for two years
without obtaining permission from each copyrighted
source. If there’s a chance the new work may be
published, permission must be obtained in advance.
Teacher projects may be retained indefinitely for
presentations to their peers, i.e. at workshops, or for
personal uses such as job interviews.
Can these new works be copied?
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Including the original,two copies may be made for
use
One additional copy may be made for preservation
One copy may be made for each of the creators to
retain
Okay, what’s the real deal about
playing tapes and showing videos?
The law provides for performance of a work in schools, as long as
four requirements are met:
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The performance must be presented by instructors or students;
and
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Must take place during face to face instruction and related to
the lesson at hand ; and
Must take place in a classroom or similar setting such as the
library; and
Must be of a legally acquired copy
Note: playing tapes or showing videos for reward or
entertainment is prohibited. If a video is to be used for
entertainment or reward during the school day and/or at school
sponsored activities, performance rights must be obtained from
the copyright holder
Isn’t there something about a form?
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In addition to the previous guidelines, the CHCCS
School Board policy calls for the subject matter to be
appropriate to the curriculum and the maturity level
of the students, and states that the item should be
previewed by the teacher.
“Videocassette tapes other than those from the
school media center, North Carolina Library System,
or the State Department of Public Instruction may be
used only when the principal has prior knowledge of
their use.” Therefore, form IFBE-E must be filled out
and submitted to the principal for any videos not
falling in those categories. (CHCCS Board Policy
3200)
What about off-air taping?
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Programs on regular broadcast channels may be
freely taped; however they may only be shown within
10 school days of the broadcast—once for viewing
and once for reinforcement. They may be kept for
45 days total, but the remaining 35 days are only for
teacher review. The same program may not be
retaped without permission, no matter how often it is
broadcasted.
There are no fair use rights for cable channels
or satellite broadcasts. Some copyright holders
allow certain programs to be copied according
to their own individual program guidelines.
Can I show webpages to the class?
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The copyright holder has the right of display. Your
class is a public group. If the display is spontaneous,
without time to obtain permission, the website could
be shown for a single lesson. Permission should be
requested for repeat showings, whether the re-use is
in the same term or subsequent terms.
What about copying software?
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Most software is licensed. The purchaser only owns
the right to use the software as set forth in the
license agreement.
There are only two instances when copying software
beyond the agreement is allowed: If a copy must be
first installed into memory; and if an archival copy is
needed as a backup.
Copies of computer documentation, including
command cards, keyboard sheets, etc. are not
allowed other than archival copies, unless specifically
permitted in the license.
What about freeware and
shareware?
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Freeware is copyright protected, and subject to the
conditions defined by the copyright holder
Freeware can be distributed, but not for profit
Freeware can be modified, but the “new” programs
cannot be sold for profit
Shareware is only free during an evaluation period
(usually 30 days). Then if you wish to keep it you
must pay for it
What about course packs?
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Limit course pack materials to
 Single chapters
 Single articles from a journal issue
 Other similarly small portions of a work
Include copyright notice from the original and
appropriate citation
Obtain permission for materials that will be used
repeatedly
Use copy shops that obtain permissions and pay
royalty fees
How do I get permission?
Internet sites often post the email address of the
creator. Use it!
 See your media specialist for form letters, or see
samples for students and teachers at
http://mciu.org/~spjvweb/letter.html
http://www.utsystem.edu/ogc/IntellectualProperty/perm
issn.htm and
http://www.umuc.edu/library/sample.html
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How am I supposed to remember all
this?
You can’t. Bottom line:
 Ask your media
specialist
 Be conservative
 Think about what’s
fair
 Be a good role
model
 And always cite
your sources!
References
“Copyright 101 for Educators.” Tech-Learning: The Resource for
Technology Leaders 2004 [Online]. 13 October 2004
www.techlearning.com/db_area/archives/WCE/archives/copywe
s.html
Copyright Implementation Manual Groton Public Schools, 2003
[Online]. 22 October 2004 http://groton.k12.ct.us/mts/eg3htm
Copyright and Fair Use in the Classroom, on the Internet, and the
World Wide Web University of Maryland University College,
1996-2004 [Online] 13 October 2004
www.umuc.edu/library/copy.html
Fair Use of Copyrighted Materials 2004 [Online]. 13 Oct. 2004
www.utsystem.edu/ogc/IntellectualProperty/copypol2.htm
Highlights of the Fair Use Guidelines for Educational Media. The
Penn State University Libraries, 1997 [Online]. 24 Oct. 2004.
www.libraries.psu.edu/mtss/fairuse/fairhigh.html
References, cont.
Impact: Guidelines for Media and Technology Programs. NC Dept.
of Public Instruction, n.d. [Online]. 27 Oct. 2004
http://ncwiseowl.org/impact
Intel Teach to the Future. Sunnyvale, CA: Intel Corporation, 2003.
Reinhardt, Phil. Copyright and Citations: What Educators Need to
Know. 1997 [Online]. 17 Oct. 2004
http://homepage.mac.com/prr/copyright.html
“School Board Policies.” Chapel Hill Carrboro City Schools. 20012004 [Online] 27 Oct. 2004 http://chccs.k12.nc.us
Simpson, Carol Mann. Copyright for Schools: A Practical Guide.
Worthington, Ohio: Linworth Publishing Inc., 1997.
“U.S. Code Collection: Title 17, Chapter1.” LII: Legal Information
Institute [Online]. 24 Oct. 2004
http://assembler.law.cornell.edu/uscode.html
Created by MG Leonard, [email protected], 2004.