Transcript Copyright:What Every Teacher and Student Should Know

Copyright:
What Every Teacher and Student Should Know
Katie Amend
Casey Moffett
What is copyright?
• Copyright protection is granted by law under the U.S. Constitution
as a means to protect an author’s original work (in a tangible form).
Copyright can cover both published and unpublished works.
• Copyright Infringement is when a copyright law is broken
• This occurs when someone reproduces, distributes, performs,
publicly displays, or makes into a derivative of work someone else’s
copyrighted material without their permission
• In some cases, when infringement occurs, the copyright holder
might be entitled to compensation for his losses. For example, a
loss of profit, or attorney fees.
• If someone willfully copies someone else’s work for a profit or
financial gain, penalties could include fines and jail time depending
on the value of the copied material
Fair Use
• “Fair Use” is a clause created to protect the
general public
• It is the idea that one does not need the
copyright holder’s authorization to use certain
material in certain cases because it can be
assumed that the use of the material is
minimal enough that it does not interfere with
the owner’s exclusive rights to reproduce and
reuse the original work
What determines “fair use”?
• The purpose and character of the use, including
whether such use is of a commercial nature or is
for nonprofit educational purposes
• The nature of the copyrighted work
• The amount and substantiality of the portion
used in relation to the copyrighted work as a
whole
• The effect of the use upon the potential market
for or value of the copyrighted work.
Multimedia in the Classroom
• Multimedia use in the classroom is considered
“fair use” if it is being used for commentary,
criticism, news reporting, and scholarly
reports
• There are no legal requirements for the
specific amount of words, certain
number of musical notes,
or percentage of a work
Text
• Teachers are allowed to make one copy of the following: a chapter from a
book; an article from a periodical or newspaper; a short story, short essay
or short poem; a chart, graph, diagram, drawing, cartoon or picture from a
book, periodical or newspaper.
• Teacher guidelines for photocopying:
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Cannot be used to replace text or textbooks
Students may not be charged more than the actual cost of photocopying
Only 1 copy per student
Each copy must have a copyright notice attached
No more than one short poem, article, story, essay or two excerpts may be
copied from the same author during one school term
– No more than three from the same collective work or periodical volume (for
example, a magazine or newspaper) during one school term
– Must be teacher’s idea to make the copies
– There is not enough time to obtain permission from copyright holder
Guidelines for Webmasters:
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1. Assume It's Protected
2. Read Click-Wrap Agreements
3. Remove Unauthorized Material
4. Investigate Claims Promptly
5. When in Doubt, Seek Permission
How can I use a musical score
without infringing on copyright?
Up to 10%, but never more than 30 seconds, of the music
and lyrics from an individual musical work can be used.
Any alterations to a musical work cannot change the basic
melody or the fundamental character of the work.
Snippets of Film in the Classroom
• Snippets of movies can be shown in school classrooms
without a license. Short snippets of films may be used
under the Fair Use Doctrine.
• Fair use does not allow a person to break any electronic
locks. Most copies of movies (DVDs, electronic copies,
etc.) have digital locks that prevent the use of snippets
and, except in a few specific circumstances, it is illegal to
get around those locks. The only exception relating to the
classroom is for the film or media studies department of
a university.
Taping from the Television
• Copying videotapes without the
copyright owner's permission is illegal.
An exception is made for libraries to
replace a work that is lost or damaged if
another copy cannot be obtained at a
fair price.
• Videotaped recordings may be kept for
no more than 45 calendar days after
the recording date, at which time the
tapes must be erased.
• Videotaped recordings may be shown
to students only within the first 10
school days of the 45-day retention
period.
Taping from the Television, cont.
• The recordings are to be shown to students no more than two times
during the 10-day period, and the second time only for necessary
instructional reinforcement.
• The taped recordings may be viewed after the 10-day period only by
instructors for evaluation purposes, to determine whether to include the
broadcast program in the curriculum in the future.
• All copies of off-air recordings must include the copyright notice on the
broadcast program as recorded.
• These guidelines apply only to nonprofit educational institutions, which
are expected to establish appropriate control procedures to maintain the
integrity of these guidelines.
How can teachers use information in their
classroom?
Pay-per-use Permission Service
• provides instant authorization to use and share
content from titles in science, technology, medicine,
humanities, news, business, finance and more.
GET PERMISSION TO:
• Photocopy material from books, newspapers,
journals and other publications for use in classroom
handouts.
Copyright Navigator
References
Harper, Georgia K. (2001). The copyright crash course.
Retrieved June 28, 2009, from the University of Texas System
Web site:
http://www.utsystem.edu/ogc/intellectualproperty
cprtindx.htm
Newsome, Cathy (1997). A teacher’s guide to Fair Use and
copyright: Modeling honesty and resourcefulness. Retrieved
June, 28, 2009: Official Web Site:
http://home.earthlink.net/~cnew/research.htm#Fair%20Us
e%20Matrix%20for%20Teachers
Stanford University: Copyright and Fair Use. (2009). Retrieved
June 28, 2009: Official Web Site: http://www.copyright.gov
United States Copyright Office. (2009). Retrieved June 28, 2009:
Official Web Site: http://fairuse.stanford.edu