Transcript Welcome to NAMTC

NAMTC Presents:
Copyright
Policies,
After the Basics
Copyright Timeline
• 1909
Original Copyright Act
• 1976
Copyright Revision Act (Title 17 of
the U.S. Code)
• 1981 Guidelines for Off-Air Recording
of Broadcast Programming for
Educational Purposes
Copyright Timeline, continued
• 1990 Computer Software Rental Act
• 1996 Fair Use Guidelines for Educational
Multimedia
• 1998 Sonny Bono Copyright Term Extension
(amended Section 301)
• 1998 Digital Millennium Copyright Act (DMCA)
(H.R. 2281)
Copyright Timeline, continued
• 2002 The Technology Education and
Copyright Harmonization Act (TEACH)
(H.R. 2215)
• 2004 Individuals with Disabilities
Education Improvement Act of 2004
(Section 306 amends section 121 of the Copyright
Law) (P.L. 108-446)
Copyright Timeline, continued
• 2004 Satellite Home Viewer Extension
and Reauthorization Act of 2004
(contained in Consolidated Appropriations Act, 2005)
(P.L. 108-447)
• 2004 Copyright Royalty and
Distribution Reform Act of 2004 (P.L. 108419)
Copyright Timeline, continued
• 2005 Family Entertainment and
Copyright Act (P.L. 109-9)
• 2006 Copyright Royalty Judges
Program Technical Corrections Act (P.L.
109-303) H.R. 1036
Why Have a Copyright
User Policy?
Required by Federal Law in order to
qualify for the exemptions benefits
in…
a. The TEACH Act…Public performance/public
display exemption covering distance learning, Sec. 110
(2)(D)(I)
b. The DMCA…Service provider limitation on liability,
Sec. 512(9)(A) and Sec. 512(h)(1)
Why Have a Copyright
User Policy?
• Help teachers, administrators, students
and parents understand copyright law is
good educational practice.
• School districts need to identify properand improper-uses of copyrighted
works, especially music and media on
school and service agency equipment.
Why Have a Copyright
User Policy?
• Failure to provide proper instructions
can result in contributory liability on the
part of the school or educational service
agency.
Copyright Liability has
three parts…
• Direct Liability (things one does oneself)
• Contributory Liability (helping someone
else infringe a copyright by providing
assistance in terms of direction, physical
goods that aid, e.g. a computer)
• Vicarious Liability (being legally responsible
for the acts of another, e.g. employeremployee
State Immunity
The issue of a State institution’s copyright
liability is subject to a legal question
after two U.S. Supreme Court rulings
dealing with the issue of an exemption
under the 11th Amendment (state
immunity) in connection with patents
and trademark cases.
Board Liability
The Board of Directors may bear liability
as a contributory infringer if materials
are used under its direction.
Copyright Compliance
Warnings should be placed on any equipment
used for copying, such as:
• Photocopiers
• Computers
• Scanners
• Recorders
• CD Burners
• etc.
Sample Compliance Warning
Notice: Warning Concerning Copyright Restrictions
The copyright law of the United States (Title 17, U.S. Code) governs the making of
photocopies or other reproductions of copyrighted material.
Under certain conditions specified in the law, libraries and archives are authorized to
furnish a photocopy or other reproduction. One of these specified conditions is that
the photocopy or other reproduction is not to be “used for any purpose other than
private study, scholarship, or research.” If a user makes a request for, or later uses, a
photocopy or reproduction for purposes in excess of “fair use,” that user may be liable
for copyright infringement.
This institution reserves the right to refuse to accept a copying order if, in its judgment,
fulfillment of the order would involve violation of copyright law.
Sample Compliance Warning
NOTICE
The copyright law of the United States
(Title 17, U.S. Code) governs the
making of photocopies or other
reproduction of copyrighted materials.
The person using this equipment is
liable for any infringement.
Notice Requirement
DMCA requires a library include a
copyright notice on copies made.
The notice should include:
• The word “copyright,” abbreviation or
symbol
• The name of the copyright holder
• The year of first publication
Sample Policies
The TEACH Act states that eligible
institutions must institute copyright
policies.
• Sample policy included in your
handouts
• Policy could be followed by Guidelines
for Acceptable Fair Use, also included
in handouts
An Effective Copyright Policy and
Guidelines Should Provide:
• Clear Administrative support for the
enforcement of the policy
• Specific things to do and not to do
regarding performing, displaying,
duplicating, repurposing
• Name or position of a person in the
school district or service agency to
whom questions should be directed
An Effective Copyright Policy and
Guidelines Should Provide, continued
• Training to explain the policy and
demonstrate that the school or agency
administration will enforce it
• Accessible copies of the policy and
guidelines for each employee
Beware of Illegal Copies
• Media Center and classroom collections
should hold only legally acquired
programming, print materials and music
• Channel photocopy and other
duplication requests appropriately
Review Policies
• Copyright Policies should be reviewed
at least every three years
• Provide training for employees and
teachers on changes that are made
Websites of Interest
• www.copyright.gov/circs/
Reproduction of Copyright Works by
Educators and Librarians, Circular 21
and other governmental publications.
• www.loc.gov
Copyright ownership information
Sample Policy Sites
• www.unc.edu/campus/policies/copyright.html
University of North Carolina’s policy site
• www.arl.org/scomm/copyright/Georgia.html
University of Georgia Libraries’ policy site
For Music Questions
• www.mpa.org
Music Publishers’ Association of the U.S.
• www.menc.org/information/copyright/copyr.html
The U.S. Copyright Law: A Guide for Music
Educators
For Specifics
• www.unc.edu/~unclng/TEACH.htm
A TEACH Comparison Chart
• www.utsystem.edu/PGC/IntellectualProperty/faculty.htm
Fair Use Guidelines for Educational Multimedia
• www.bsa.org/usa/antipiracy/
Computer software copyright issues
Organizations
• www.AIME.org
Association for Information Media and
Equipment (AIME), a copyright resource
organization
• www.NAMTC.org
National Association of Media and
Technology Centers (NAMTC)
Presentation Information
Betty Gorsegner Ehlinger
Executive Director for AIME and NAMTC
[email protected]
319.654.0608
P.O. Box 9844
Cedar Rapids, IA 52405