1. What you really need to know… What is copyright? & How does it affect educators? Prepared by Kelly Bottenfield February 17, 2013 LSC 5545 Access & Legal Issues Mansfield University 1

2.  U.S. Copyright is a federal law – Title 17, United States Code, Public Law 94-553, 90 Stat. 2541  According to Copyright Basics from the United States Copyright Office, “Copyright is a form of protection provided by the laws of the United States (Title 17, U. S. Code) to the authors of “original works of authorship”, including literary, dramatic, musical, artistic, and certain other intellectual works.”  Put simply, copyright grants authors/creators/ composers ownership and protection of their creative works. 2

3.  Once a creation or work is in a “fixed tangible form”, it is protected by copyright law.  Copyright owner has 6 rights 1) Reproduction 2) Adaptation 3) Distribution 4) Public performance 5) Pubic display 6) Digital transmission of sound recordings 3

4.  Protects the author or creator  Promotes creativity & invention  Rewards the author or creator  By receiving credit or recognition  By gaining profit or royalties  Encourage works to be available to the public  Facilitate access & use of copyrighted work in the public  Not only does copyright affect the creator --- it affects YOU – the educator and your students! 4

5.  Misconception #1: Schools can use any copyright protected materials they wish because they are schools.  Misconception #2: Using materials is okay if you don’t make a profit.  Misconception #3: Promoting someone’s work by distributing copies is justification for free use.  Misconception #4: Using materials “for the good of kids” absolves one of the copyright liability. (Simpson 35-36) 5

6.  “Copyright law provides several instances in which reproduction of copyright items are permissible” (Simpson 35).  These instances are referred to as “Fair Use Exceptions”  Some of these exceptions apply to everyone and some apply to non-profit schools and libraries  These exceptions to copyright holders’ rights were designed to help advancement of knowledge and scholarship (Simpson 35) 6

7. Four factors create the acronym PANE  P urpose: Is the purpose or character of use for a non-profit educational use?  A mount: How does the amount of copyright material compare to the whole? How much do you plan on using? Less is better  N ature: What is the nature of the material you want to use? Is it factual or creative? Is it published or non published?  E ffect: What is the effect of the material on market value? Does the use of the material deprive owner of sales or effect other items the owner may develop? 7

8.  Various guidelines have been developed over the years to help with fair use.  Provide specific limits to what is acceptable to use  Two considerations  Type of material will be determining factor when deciding on fair use (what is okay with one medium is not always okay with another)  Situation will also be a determining factor on fair use (when, where, and why these materials will be used – is not always the same in each situation) 8

9.  Limitations  Copying shall not be used to create, replace, or substitute for anthologies  No copying from works that are intended to be consumables  Copying shall not: substitute for the purchase of a book, publishers’ reprints or periodicals, be directed by higher authority, or be repeated by the same teacher term to term  For purposes of teaching or research, a teacher may make a single copy of  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,  a picture from a book, periodical, or newspaper  For purposes of multiple copies for student use in the classroom,  An instructor may make one per student (no more)  Copies of material must be used in classroom instruction or discussion  Each copy must include a notice of copyright 9

10.  Brevity  Poetry 250 - words or less  Article, short story, or essay if 2,500 words or less can be copied entirely  An excerpt from longer works (Novels, plays, or letters that are more than 2,500 words) – 10% of the work or 1,000 words (whichever is less)  Only 2 pages from an Illustrated picture book can be copied as long as the text on those 2 pages do not make more than 10% of the entire book’s text  One chart, graph, drawing, cartoon, diagram, or picture may be copied per book or periodical  Spontaneity  individual teacher must make the decision to use material (the instance and inspiration must come from the individual teacher)  the decision to use the material in instruction is so close in time that it would be unreasonable to get permission).  Cumulative Effect  Copying must be done per students for only one course  Use no more than 2 works from the same author during one term  Three or less items from a collection or periodical during one term  No more than 9 instances of multiple copying can occur per course for one class term 10

11. 11 The elementary guidance counselor kicks off an Anti-Bully program at school. She finds a great resource on bullying on the internet that would be great for 4 th -6 th grade teachers. The resource includes a reproducible article on bullying as well as comprehension questions and puzzle activities related to the article. She emails the teachers to tell them about this great resource. She offers a suggestion to use it in class to support the school wide Anti-Bullying program and offers the link to the website in case they would like to preview it. One of the teachers previews the website and decides to use it in class the next day. She has 18 students in class so she makes exactly 18 copies of the article, comprehension questions, and one of the puzzle activities. A copyright of notice was included on all copies. Her students are just finishing up a reading unit on finding common ground and the article on bullying was a great resource to complement the unit. Does this pass the test? Was Fair Use applied?

12.  5 factors for Acceptable use of DVD/ Video  Use must be for nonprofit educational use  Use must be shown in classroom/ instructional setting  Use must be for the students & teachers in a regularly scheduled class  Use must be from a legally acquired copy  Use of material must be for direct teaching & material presenting must be related to a lesson from curriculum  Any negative responses to these factors would mean that fair use would not be acceptable and a public performance license would be needed  Caution: use of DVD/Videos is not acceptable or intended for babysitting, extra-curricular activities, or rewards  For use of video in multimedia projects, up to 10% or 3 minutes (whichever is less) is acceptable fair use 12

13. 13 Use the 5 Yes/ No Factors – Questions 1)Used for a non-profit educational institution? Yes 2)Shown only to students and teachers in a regularly scheduled class? Yes 3)Showing took place in a classroom or instructional setting? Yes 4)Was a legally acquired copy? Yes 5)Used for direct teaching (face-to- face) and material use in presenting a lesson on your curriculum? Yes As part of Science unit on simple machines, a fifth grade teacher decides to complement the curriculum by using a DVD of Bill Nye the Science Guy’s Simple Machines. The teacher borrows a legally obtained copy from the school library and shows it during Science class with his students. Was this an acceptable use based on the Audiovisual guidelines?

14.  A single copy of recordings or performances by students may only be used for evaluation or rehearsal and kept by the school or individual teacher  A single copy of a sound recording of copyrighted music (as long as it is legally owned by school or individual teacher) may be used for constructing “aural exercises” or examinations. This derivative recording may be retained by school or teacher.  10% or up to 30 seconds (or less) of a legally acquired song recording may be used for multimedia presentations by students or teachers  Educators may use entire song if it is related to curriculum and legally acquired  Broadcasting recorded music requires a license – license depends on situation  The same 5 yes/ no factors - questions that apply to audiovisual DVD/Videos can used with recorded music 14

15. 15 A student in a technology application class is working on a movie video assignment. He wants to use a popular song in his movie. Because he legally owned a copy of the song, he thought he could use as much of the song as he’d like. After reviewing his teacher ‘s notes about copyright with recorded music in multimedia projects, the student decided to only use the first 20 minute s of the song for opening screen shots and credits in the beginning. Did he do the right thing? Check it with the guidelines: 30 seconds or less was used It was a legally acquired song nonprofit educational setting instructional classroom Assignment for a curriculum related lesson Regularly scheduled class

16.  No more than 5 images from a single artist or photographer can be used at a time  No more than 10% or 15 images can be used If images are taken from a single collective work  Use of copyrighted materials should accompany notice that states that copyright materials were used under the fair use exemptions of US copyright law  When using digital images, documentation of the source is needed  Used for direct instruction & may only be retained by teacher for 2 years – after 2 years permission is needed 16

17. Let’s check it out using the digital image guidelines: The teacher only used 3 images form one artist (no more than 5 allowed form one artist) She documented the images correctly Used for direct instruction She included a notice of copyright The only caution here is that she may only use the digital images for 2 years. After that she would need to seek further permission from copyright holder to use images or stop using them. She could also attain a legal copy (poster) for classroom for this assignment. 17 An art teacher is preparing a cross- curricular writing assignment for her sixth grade art class. She is designing a PowerPoint presentation to teach her students about the author as part of her unit. Throughout the presentation, the teacher incorporates 3 images from this particular artist. At the end of the slide presentation, she places a digital image of Christina’s World for the students to see. She correctly documents the image as well as placed a notice of copyright in the presentation. Students are then given a writing assignment based on the art work. Was the use of the digital image acceptable?

18.  Can only be installed on one computer unless you have a multi-user license  With multi-user licenses, the number of users and/or machines must not exceed the number of licenses  School purchased software can only be installed on one school computer and may not be installed on home computers (even if home computer is used for school work)  Single use software may not be uploaded or installed on network  Networking software is not covered under fair use law – it usually requires a license agreement with the seller (good idea to have this in writing for records)  Libraries can lend software provided that a durable warning of copyright be attached to package. Software that is borrowed from a library must be uninstalled after use – you may not keep installed or let anyone else borrow and allow then to install & use  Management Tips: maintain copyright & license records on all programs in the building, retain written records of purchase orders for sit-licensing or network licensing, and keep them in the same place 18

19. 19 A teacher purchases the software program called Print Workshop. She would like to install it on her home computer as well as her school computer so that she can use it at home and at school. Upon reading the software packaging she realized that she could only install the software on one computer. She only installed the program on her computer at home. The teacher made a good choice in deciding to only install it on one computer. Had the teacher installed it on more than one computer, she would have been infringing on the rights of the copyright owner. Installing it on more than one computer was reproducing (making a copy) of the software. This infringement also has an effect on the market value and loss of financial gain for the copyright holder.

20. “Copyright Basics,” Copyright Basics. U.S. Copyright Office, n.d. Web. 13 Feb. 2013..http://www.copyright.gov/circs/cir01.pdf Simpson, Carol. Copyright for Schools: A Practical Guide, 5 th ed. Santa Barbara, CA: Linworth, 2010. Print. 20 Your Librarian – if you have any doubt ask for help “Copyright Basics,” Copyright Basics. U.S. Copyright Office, n.d. Web. 13 Feb. 2013..http://www.copyright.gov/circs/cir01.pdf Creative Commons website: http://creativecommons.orghttp://creativecommons.org