Copyright and Instruction Copyright in Education



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Copyright in Education

  • 2005
  • Henry County Schools

What is Copyright?

  • Copyright is a property right granted to authors, the purpose of which is to advance the public welfare by promoting artistic and scientific progress. Author’s creations are considered Intellectual Property.
  • All creative works are eligible for copyright. Ideas and thought are the only things not eligible for copyright.

Educational Exceptions to US Copyright Law: Fair Use

  • When determining the use fair use of a work, four factors must be considered. These are also known as the four tests of fair use.

Copyright Exceptions: Fair Use

  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; Acceptable NOT Acceptable
  • the nature of the copyrighted work
  • Acceptable NOT Acceptable
  • (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
  • Acceptable NOT Acceptable
  • (4) the effect of the use upon the potential market for or value of the copyrighted work.
  • Acceptable NOT Acceptable

Fair Use Case Study

  • Court case summary regarding Fair Use
  • Basic Books, Inc. v. Kinko's Graphics Corp.,758 F.Supp. 1522 (S.D.N.Y. 1991).
  • Kinko's was held to be infringing copyrights when it photocopied book chapters for sale to students as "course packs" for their university classes. Purpose: Nature: Amount:
  • Effect:
  • Conclusion: Three of the four factors leaned against fair use. The court specifically refused to rule that all course packs are infringements, requiring instead that each item in the "anthology" be subject individually to fair-use scrutiny.

Video

  • Programs must be used for face to face instructional purposes.
  • Purchased videos may be used for direct instruction only, not entertainment.
  • Video Terms
  • Showing Video on CCTV – Closed Circuit TV Use
  • Programs shown must state that CCTV use is authorized.
  • Programs are simultaneous transmission of live broadcasts.
  • Videos purchased by the school with closed circuit rights

Showing Video on CCTV, cont.

  • Also permissible:
  • Most instructional programs purchased from instructional production companies
  • Most programs provided by state agencies.
  • Any original work
  • Cable in the Classroom programming
  • Simultaneous transmission of any live broadcast.
  • Using “Home use only” Videotapes: On closed-circuit TV.
  • Rental videos follow this rule but may not be used if a contract with rental agent limits the rental to “home use.”
  • All videos not owned by a Henry County media center must have prior approval by the school’s designated person. Contact your Media Specialist for further details.

Videotaping for Classroom use:

  • Program may be kept 45 days and must be used in the first 10 school days.
  • Taping is done only at request of a teacher.
  • Program content may not be edited.
  • More Off-air Videotaping Guidelines
  • Rights are only for educational institutions, not for individuals
  • Programs may be recorded once for the same teacher
  • Copyright notice on the recorded program must appear.

Taping from Satellite/Cable

  • Taping from satellite or cable has additional requirements…
  • -Requires permission of the copyright holder.*
  • -Programs may be taped from cable that may also be received on local open air broadcast stations.
  • -Payment of appropriate fees for broadcasts, if applicable.

Printed Materials

Printed Materials- Single Copy

  • You can make single copies of:
  • a chapter of a book
  • an article from a magazine
  • a short story, poem (250 words or less) or essay
  • a chart, cartoon or picture.
  • two pages from a illustrated picture book
  • if there is insufficient time to request permission

Printed Materials-Multiple Copy

  • You can make multiple copies for classroom use of:
  • a complete poem or excerpt from a poem that is 250 words or less
  • a complete article or short story of less than 2500 words
  • excerpts from a larger work or a special work not to exceeds 2500 words or 10% of the whole, whichever is less
  • one chart, graph, diagram per book or article

Printed Materials- Copying

  • Limits to photocopying:
  • copying is for one (1) course only*
  • no more than 9 instances of multiple coping in one term
  • same item not reproduced from term to term
  • no charge is made to students beyond the actual photocopying cost
  • no copying of consumable works (workbooks, etc).
  • Copier Notice

Scenario 1

  • Scenario 1
  • Scenario 2
  • Scenario 3
  • Sample permission letter for request

Fair Use Internet/Multimedia

  • Linda Starr (2004, December 17). Copyright Law and New Technologies. Retrieved June 1, 2005 from Education World, Website: http://www.education-world.com/a_curr/curr280c.shtml
  • Certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.

Internet

  • The Internet is not public domain.
  • Assume that ALL web pages (information and codes) are copyright protected.
  • Electronic postings are not public domain- ideas in Blogs and E-mails.

RULE OF THUMB

  • Assume that if content is copyrighted in print, it is also copyrighted in the multimedia format.

Posting from the Internet

  • When linking to web pages, research terms of use agreement.
  • Assume all graphics are copyrighted, so ask for permission before posting to your site and give credit.
  • Assume all html codes are copyrighted, ask for permission before copying.

Instructional Guidelines for Using Multimedia

  • Face-to-face student instruction.
  • Directed student self-study.
  • Real-time online instruction—provided the technology prevents copying of the copyrighted material.
  • Teaching courses for a period of up to two years after the first instructional use.
  • Presentation at peer workshops and conferences.
  • Teachers may legally use copyrighted multimedia materials for:

Guidelines for Multimedia

  • Users may legally use copyrighted multimedia materials for academic work only.
  • However, the user must:
  • Give credit to the source (include the author, title, publisher, and place and date of publication.
  • On the opening slide, home page, etc. and on any accompanying printed materials, state that certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.

When a student creates a multimedia work using copyrighted material the following guidelines apply:

  • No more than two copies *
  • If the student project contains copyrighted material and posted online, the work may be held for only 15 days after the initial use.*
  • Projects with copyrighted material may only be used for student learning and may not be duplicated for any other purpose.

Copyrighted Multimedia Limitation

  • Up to 3 minutes or 10%, whichever is less, of a single copyrighted multimedia (online video, flash, power point, animation, etc.)
  • Up to 30 seconds or 10%, whichever is less, of music and lyrics from a single musical work.
  • Up to 2,500 fields or cell entries or 10%, whichever is less, from a numerical database or data table.
  • Up to five photos or illustrations by one person, and no more than 15 images or 10 percent, whichever is less, from a single published work.

“Fair Use”

  • Does Not Apply to Software
  • Software Guidelines

What Software is Copyrighted?

  • All software is copyrighted, and no software may be duplicated or distributed without the permission of the author.

What are The Consequences of Software Piracy?

  • Unauthorized duplication of distribution of software is a federal crime. It can carry a penalty of fines up to $250,000 or for teachers: jail terms up to five years.

What are the Steps to add New Software at School?

  • Speak with your Technology Contact Person
  • Provide all the documentation that accompanies the software (number of licenses)
  • Provide all the Program Disks
  • Must have an instructional purpose

Public Domain

Public Domain

  • Use of works in the public domain are not restricted by copyright law.
  • Definition: in law, legal availability for public use, free of charge, of materials, processes, devices, skills, and plans that are not protected by copyright or patent, including those on which copyright or patent has lapsed.
  • Items in the public domain were either published prior to 1923 have fallen into the public domain or have been marked as in the public domain by the creator.
  • PD Resources

  • Still Unsure about Copyright?
  • Copyright Resources
  • And
  • Contact Your Friendly Media Specialist

Bibliography

  • Simpson, Carol. Copyright for Schools: A Practical Guide. 3rd ed. Worthington: Linworth Publishing, 2001.
  • Davidson, Hall. "Copyright and Fair Use Guidelines for Teachers." North Carolina Conference of English Instructors. 03 Jun. 2005 .
  • Linda, Starr. "Applying Fair Use to New Technologies." Curriculum Article . 12 2004. Education World. 03 Jun. 2005 .
  • Academic Computing Services, . "http://www.webster.edu/technology/index.html?doc=copyright/." WebsterUniversity. 01 2004. 03 Jun. 2005.

The End

Copyright Websites

  • http://www.dpi.state.wi.us/dpi/dltcl/lbstat/copyres.html - Copyright for Educators
  • http://www.copyrightaware.gov.au/index.html Copyright Aware
  • copyright article and resources
  • Teacher Specific- electronic resources http://www.dpi.state.nc.us/copyright1.html
  • http://infoshare1.princeton.edu/reserves/libcitcopyright.html
  • http://fairuse.stanford.edu/
  • Back

Purpose

  • A teacher copies a poem for all his students. At the end of the unit, the copies are thrown away.
  • Acceptable - purpose is educational
  • Back

Purpose

  • A teacher copies a poem to be placed in the school’s literary magazine. Copies of the magazine are sold for $5 each.
  • Not Acceptable – commercial purpose
  • Back

Nature of the work

  • A student creates a PowerPoint presentation on Civil War battles and the teacher shows the presentation to all of her classes.
  • Acceptable – nature of the work is factual




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