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Keys to Understanding Copyright Presented by Laura J. Toki Assistant Director Curriculum, Training and Development Services Appalachia Intermediate Unit.

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Presentation on theme: "Keys to Understanding Copyright Presented by Laura J. Toki Assistant Director Curriculum, Training and Development Services Appalachia Intermediate Unit."— Presentation transcript:

1 Keys to Understanding Copyright Presented by Laura J. Toki Assistant Director Curriculum, Training and Development Services Appalachia Intermediate Unit 8

2 2 Fair Use Definition: Legal right to copy a limited amount of material under certain conditions without undue harm to the owner Four Factors: 1. Purpose and character of use 2. Nature of copyrighted work 3. Amount and substantiality of portion used 4. Commercial value of the item

3 3 Face-to-Face Teaching Exemption Permissible to use copy protected material in a non-profit educational institution with the following conditions: 1. As part of the instructional program 2. By students, instructors, or guest lecturers 3. In a classroom or school location devoted to instruction (e.g., library, gym, auditorium, etc.) 4. In a face-to-face environment or where students and teachers are in same building or area 5. Only to students and educators 6. From a legitimate copy with copyright notice attached

4 4 Duration of Copyright Works copyrighted before 1978 are protected for 28 years with a renewal of 47 years Works copyrighted in and after 1978 are protected for the life of the author plus 70 years

5 5 Penalties for Copyright Infringement Statutory fines range from $750 to $30,000 per infringement Each individual work constitutes a separate act of infringement If court rules infringement was intentional, damages can go as high as $150,000 per instance

6 6 Computer Piracy Copy infringement of computer software copyright Felony status Fines up to $250,000 Making as few as 10 illegal copies with a total value of $2,500 or more is a criminal offense

7 7 Liability: Chain of Command If a teacher makes illegal copies on library-owned equipment, the librarian who loaned the equipment could be involved in the lawsuit The principal, as instructional and administrative leader, must be aware of what happens in his/her school is potentially liable Superintendent Principal Librarian Teacher

8 8 District Copyright Policy If the district has an established copyright policy in place, liability begins and ends with the violator!

9 9 District Copyright Policy Tips for districts: 1. If you dont already have a copyright policy, get one! 2. Train school staff members about whats expected under the law.

10 10 Digital Millennium Copyright Act of 1998 Allows for conversion of works in obsolete formats Says 3 digital copies of works in a librarys collection may be kept for preservation purposes

11 11 Guidelines for Computer Software 1. Computer software may only be copied by the original owner 2. One archival copy may be made of a program, but only one disk may be used at a time; if this back-up disk fails, you have to buy the software again 3. Printed documentation accompanying software is also copyrighted; multiple copies for classroom use are not permitted 4. A single-user copy of a program may not be installed on multiple machines

12 12 Guidelines for Computer Software 5. Multiple copies cannot be made for a lab situation; you have to buy additional software programs or additional licenses 6. Networking software is not covered under fair use – networking a piece of computer software ALWAYS requires a license in writing! 7. It is illegal to make a copy from a computer program acquired for preview purposes 8. Public domain software may be freely copied without licenses

13 13 Guidelines for Computer Software 9. Shareware is copyrighted, but the author is using a try-it-before-you- buy-it method; once youve used and evaluated it, youre expected to register and pay the fee

14 14 Guidelines for Computer Software Ask yourself: Are we reproducing this software because we dont have the funds to purchase another copy? If the answer is yes, you have violated copyright law!

15 15 Fair Use Guidelines for Educational Multimedia (1997) 1. Permitted Uses Educators may perform and display their educational multimedia projects, in the course for which they were created, in curriculum-based instruction to students: a) Face-to-face instruction b) For students directed self-study c) As long as the technology limits access and prevents the making of copies of copyrighted material

16 16 Fair Use Guidelines for Educational Multimedia (1997) 2. Time Limits Educators may also use multimedia projects for up to 2 years after the first instructional use After that, you need permission for each copyrighted portion

17 17 Fair Use Guidelines for Educational Multimedia (1997) 3. Portion Limits Motion media: Up to 10% of the total or 3 minutes (whichever is less) Text material: Up to 10% of the total or 1000 words, whichever is less –Entire poem of less than 250 words –No more than 3 poems by one poet or 5 poems by different authors –For poems over 250 words, 250 words may be used, but no more than 3 excerpts from one poet or 5 excerpts from different poets

18 18 Fair Use Guidelines for Educational Multimedia (1997) Music, lyrics, and music videos: Up to 10% of the work but no more than 30 seconds of the music or lyrics from an individual musical work

19 19 Fair Use Guidelines for Educational Multimedia (1997) Illustrations and photos: –No more than 5 images from one artist or photographer –No more than 10% or 15 images, whichever is less, from a collection

20 20 Fair Use Guidelines for Educational Multimedia (1997) Numerical data sets: Up to 10% or 2500 fields or cell entries, whichever is less

21 21 Fair Use Guidelines for Educational Multimedia (1997) 4. Limits on Copying and Distribution –Two use copies one for use and one on reserve –A back-up copy may also be made, but only used or copied to replace a lost, stolen, or damaged copy

22 22 Fair Use Guidelines for Educational Multimedia (1997) 5. Notices of Attribution –Educators and students must credit sources (i.e., author, title, publisher, date and location of publication) AND show copyright information (copyright notice, year of first publication, and name of copyright holder)

23 23 Videos In order for schools to use videos in an educational program without paying royalties, they must meet all 4 of the following criteria: 1. Performance takes place in a classroom or other place of instruction in a nonprofit educational institution. 2. The performance is directed by students or teachers of the school. 3. The performance must be made in the course of face-to-face teaching activities. 4. The performance must be made from a copy of the work that was legally made or acquired.

24 24 Home Use Only Videos If an educational institution purchases a copy of this type of video, it IS permissible to use it for face-to-face instruction in the classroom It MUST be incorporated as part of the program in which its being used

25 25 Rented Videos Same as Home Use Only videos, unless the rental agreement limits this use (check your rental agreement!) To show a video for reward, motivation, entertainment, or a fundraiser, public performance rights MUST be obtained!

26 26 Off-Air Taping of TV Shows 9 Guidelines: 1. Videotaped recordings may be kept for no more than 45 calendar days after the recording date 2. Videotaped recordings may be shown to students only within the first 10 days of the 45- day retention period

27 27 Off-Air Taping of TV Shows 3. Off-air recordings must be made only at the request of an individual teacher for instructional purposes, not by school staff in anticipation of later requests by teachers 4. Recordings are to be shown to students no more than 2 times during the 10-day period, and the second time only for necessary instructional reinforcement

28 28 Off-Air Taping of TV Shows 5. Taped recordings may be viewed after the 10-day period only by teachers to see if they want to buy it 6. If several teachers request the same program, duplicate copies are permitted, with all the same restrictions that apply to the original recording

29 29 Off-Air Taping of TV Shows 7. Off air-recording may not be physically or electronically altered or combined with others to form an anthology (even if theyre not shown in their entirety) 8. All copies of off-air recordings must include the copyright notice

30 30 Off-Air Taping of TV Shows 9. Guidelines apply only to nonprofit educational institutions, which are also expected to establish control procedures to maintain the integrity of these guidelines.

31 31 Copyright and Print Materials Single Copies Teachers may copy for the purposes of research, teaching, or preparation for teaching: 1. A book chapter 2. A newspaper or magazine article 3. A short story, short essay, or short poem 4. A chart, graph, diagram, drawing, cartoon, or picture from a book, newspaper, or magazine

32 32 Copyright and Print Materials Multiple Copies Teachers may copy for the purposes of research, teaching, or preparation for teaching: 1. Complete poem if less than 250 words and printed on not more than 2 pages 2. An excerpt of a longer poem, but not to exceed 250 words 3. A complete article, story, or essay of less than 2500 words; or an excerpt, not more than 1000 words, from a larger printed work, not to exceed 10% of the whole 4. One chart, graph, diagram, cartoon, or picture per book or magazine

33 33 Copyright and Print Materials 5. Special works containing prose, poetry, or illustrations, but no more than 10% of the total 6. Only 2 pages of a picture book, as long as they dont comprise more than 10% of the book 7. All previously-listed documents must bear the copyright notice

34 34 Copyright and Print Materials Three tests for educational fair use: 1. Brevity (see 3 previous slides) 2. Spontaneity – Decision to use a work must occur so soon prior to use that there is insufficient time to request and receive permission from the publisher to copy the work 3. Cumulative effect – Copying is not a substitute for the purchase of books and magazines

35 35 Copyright and Print Materials Other Limit Considerations 1. Copying done for one course only 2. One work from a single author 3. No more than 3 authors from a collective work 4. No more than 9 instances of such multiple copying in 1 class term 5. Copies cant replace anthologies or collective works 6. Copying of consumable works (e.g., workbooks, answer sheets, etc.) is absolutely prohibited 7. Same item not reproduced term to term 8. No charge made to students beyond actual photocopying

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