Presentation is loading. Please wait.

Presentation is loading. Please wait.

Educational Fair Use in Copyright Compiled by Ellen Bell, Librarian Amador Valley High School.

Similar presentations


Presentation on theme: "Educational Fair Use in Copyright Compiled by Ellen Bell, Librarian Amador Valley High School."— Presentation transcript:

1 Educational Fair Use in Copyright Compiled by Ellen Bell, Librarian Amador Valley High School

2 What is copyright? Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression.

3 Copyright Law of 1976 The Copyright Act states that works of authorship include the following types of works: Literary works. Novels, nonfiction prose, poetry, newspaper articles and newspapers, magazine articles and magazines, computer software, software documentation and manuals, training manuals, manuals, catalogs, brochures, ads (text), and compilations such as business directories Literary works. Novels, nonfiction prose, poetry, newspaper articles and newspapers, magazine articles and magazines, computer software, software documentation and manuals, training manuals, manuals, catalogs, brochures, ads (text), and compilations such as business directories Musical works. Songs, advertising jingles, and instrumentals. Musical works. Songs, advertising jingles, and instrumentals. Dramatic works. Plays, operas, and skits. Dramatic works. Plays, operas, and skits. Pantomimes and choreographic works. Ballets, modern dance, jazz dance, and mime works. Pantomimes and choreographic works. Ballets, modern dance, jazz dance, and mime works. Pictorial, graphic, and sculptural works. Photographs, posters, maps, paintings, drawings, graphic art, display ads, cartoon strips and cartoon characters, stuffed animals, statues, paintings, and works of fine art. Pictorial, graphic, and sculptural works. Photographs, posters, maps, paintings, drawings, graphic art, display ads, cartoon strips and cartoon characters, stuffed animals, statues, paintings, and works of fine art. Motion pictures and other audiovisual works. Movies, documentaries, travelogues, training films and videos, television shows, television ads, and interactive multimedia works. Motion pictures and other audiovisual works. Movies, documentaries, travelogues, training films and videos, television shows, television ads, and interactive multimedia works. Sound recordings. Recordings of music, sounds, or words. Sound recordings. Recordings of music, sounds, or words. Architectural works. Building designs, whether in the form of architectural plans, drawings, or the constructed building itself Architectural works. Building designs, whether in the form of architectural plans, drawings, or the constructed building itself

4 How Long Copyright Protection Endures Works created on or after January 1, 1978 is given a term enduring for the author’s life plus an additional 70 years after the author’s death. Works created on or after January 1, 1978 is given a term enduring for the author’s life plus an additional 70 years after the author’s death. Works originally created and published before January 1, 1978 is given a renewal term of 67 years and a total term of protection of 95 years. Works originally created and published before January 1, 1978 is given a renewal term of 67 years and a total term of protection of 95 years. There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country.

5 What is Fair Use? Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.

6 1. Educational Fair Use Guidelines Publishers and the academic community have established a set of educational fair use guidelines to provide "greater certainty and protection " for teachers. While the guidelines are not part of the federal Copyright Act, they are recognized by the Copyright Office and by judges as minimum standards for fair use in education. A teacher or pupil following the guidelines can feel comfortable that a use falling within these guidelines is a permissible fair use and not an infringement Publishers and the academic community have established a set of educational fair use guidelines to provide "greater certainty and protection " for teachers. While the guidelines are not part of the federal Copyright Act, they are recognized by the Copyright Office and by judges as minimum standards for fair use in education. A teacher or pupil following the guidelines can feel comfortable that a use falling within these guidelines is a permissible fair use and not an infringement

7 2. Rules for Reproducing Text Materials for Use in Class The guidelines permit a teacher to make one copy of any 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. The guidelines permit a teacher to make one copy of any 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.

8 Rules for Reproducing Text Materials for Use in Class Teachers may photocopy articles to hand out in class, but the guidelines impose restrictions. Classroom copying cannot be used to replace texts or workbooks used in the classroom. Pupils cannot be charged more than the actual cost of photocopying. The number of copies cannot exceed more than one copy per pupil. And a notice of copyright must be affixed to each copy. Teachers may photocopy articles to hand out in class, but the guidelines impose restrictions. Classroom copying cannot be used to replace texts or workbooks used in the classroom. Pupils cannot be charged more than the actual cost of photocopying. The number of copies cannot exceed more than one copy per pupil. And a notice of copyright must be affixed to each copy.

9 Rules for Reproducing Text Materials for Use in Class Examples of what can be copied and distributed in class include: Examples of what can be copied and distributed in class include: a complete poem if less than 250 words or an excerpt of not more than 250 words from a longer poem a complete poem if less than 250 words or an excerpt of not more than 250 words from a longer poem a complete article, story or essay if less than 2,500 words, or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less; or a complete article, story or essay if less than 2,500 words, or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less; or one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue. one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

10 Rules for Reproducing Text Materials for Use in Class Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume (for example, a magazine or newspaper) during one class term. As a general rule, a teacher has more freedom to copy from newspapers or other periodicals if the copying is related to current events. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume (for example, a magazine or newspaper) during one class term. As a general rule, a teacher has more freedom to copy from newspapers or other periodicals if the copying is related to current events.

11 Rules for Reproducing Text Materials for Use in Class The idea to make the copies must come from the teacher, not from school administrators or other higher authority. Only nine instances of such copying for one course during one school term are permitted. In addition, the idea to make copies and their actual classroom use must be so close together in time that it would be unreasonable to expect a timely reply to a permission request. For example, the instructor finds a newsweekly article on capital punishment two days before presenting a lecture on the subject. The idea to make the copies must come from the teacher, not from school administrators or other higher authority. Only nine instances of such copying for one course during one school term are permitted. In addition, the idea to make copies and their actual classroom use must be so close together in time that it would be unreasonable to expect a timely reply to a permission request. For example, the instructor finds a newsweekly article on capital punishment two days before presenting a lecture on the subject.

12 Rules for Reproducing Text Materials for Use in Class Teachers may not photocopy workbooks, texts, standardized tests or other materials that were created for educational use. The guidelines were not intended to allow teachers to usurp the profits of educational publishers. In other words, educational publishers do not consider it a fair use if the copying provides replacements or substitutes for the purchase of books, reprints, periodicals, tests, workbooks, anthologies, compilations or collective works. Teachers may not photocopy workbooks, texts, standardized tests or other materials that were created for educational use. The guidelines were not intended to allow teachers to usurp the profits of educational publishers. In other words, educational publishers do not consider it a fair use if the copying provides replacements or substitutes for the purchase of books, reprints, periodicals, tests, workbooks, anthologies, compilations or collective works.

13 4. Rules for Recording and Showing Television Programs Nonprofit educational institutions can record television programs transmitted by network television and cable stations. The institution can keep the tape for 45 days, but can only use it for instructional purposes during the first ten of the 45 days. After the first ten days, the video recording can only be used for teacher evaluation purposes, to determine whether or not to include the broadcast program in the teaching curriculum. If the teacher wants to keep it within the curriculum, permission must be obtained from the copyright owner. The recording may be played once by each individual teacher in the course of related teaching activities in classrooms and similar places devoted to instruction (including formalized home instruction). The recorded program can be repeated once if necessary. After 45 days, the recording must be erased or destroyed. Nonprofit educational institutions can record television programs transmitted by network television and cable stations. The institution can keep the tape for 45 days, but can only use it for instructional purposes during the first ten of the 45 days. After the first ten days, the video recording can only be used for teacher evaluation purposes, to determine whether or not to include the broadcast program in the teaching curriculum. If the teacher wants to keep it within the curriculum, permission must be obtained from the copyright owner. The recording may be played once by each individual teacher in the course of related teaching activities in classrooms and similar places devoted to instruction (including formalized home instruction). The recorded program can be repeated once if necessary. After 45 days, the recording must be erased or destroyed.

14 Rules for Recording and Showing Television Programs A video recording of a broadcast can be made only at the request of, and used by, individual teachers. A television show may not be regularly recorded in anticipation of requests --for example, there can't be a standing request to record each episode of a PBS series. Only enough copies may be reproduced from each recording to meet the needs of teachers, and the recordings may not be combined to create teaching compilations. All copies of a recording must include the copyright notice on the broadcast program as recorded, and as mentioned above, must be erased or destroyed 45 days after having been recorded. A video recording of a broadcast can be made only at the request of, and used by, individual teachers. A television show may not be regularly recorded in anticipation of requests --for example, there can't be a standing request to record each episode of a PBS series. Only enough copies may be reproduced from each recording to meet the needs of teachers, and the recordings may not be combined to create teaching compilations. All copies of a recording must include the copyright notice on the broadcast program as recorded, and as mentioned above, must be erased or destroyed 45 days after having been recorded.

15 The bottom line: If you are copying material that is available for sale without compensating the creator of that work, you are taking money from that person. If you are copying material that is available for sale without compensating the creator of that work, you are taking money from that person.

16 Fair Use guidelines for electronic reserve systems (i.e. your website) The following guidelines identify an understanding of fair use for the reproduction, distribution, display, and performance of materials in the context of creating and using an electronic reserve system: The guidelines address only those materials protected by copyright The guidelines address only those materials protected by copyright

17 Scope of Material Electronic reserve systems may include short items (such as an article from a journal, a chapter from a book or conference proceedings, or a poem from a collected work) or excerpts from longer items. Electronic reserve systems may include short items (such as an article from a journal, a chapter from a book or conference proceedings, or a poem from a collected work) or excerpts from longer items. Electronic reserve systems should not include any material unless the instructor, the library, or another unit of the educational institution possesses a lawfully obtained copy. Electronic reserve systems should not include any material unless the instructor, the library, or another unit of the educational institution possesses a lawfully obtained copy.

18 B. NOTICES AND ATTRIBUTIONS If a notice of copyright appears on the copy of a work that is included in an electronic reserve system, a similar notice should appear on the electronic copy. If a notice of copyright appears on the copy of a work that is included in an electronic reserve system, a similar notice should appear on the electronic copy.

19 C. ACCESS AND USE Electronic reserve systems should be structured to limit access to students registered in the course for which the items have been placed on reserve, and to instructors and staff responsible for the course or the electronic system Electronic reserve systems should be structured to limit access to students registered in the course for which the items have been placed on reserve, and to instructors and staff responsible for the course or the electronic system The appropriate methods for limiting access will depend on available technology and may include The appropriate methods for limiting access will depend on available technology and may include individual or class password controls, or limiting access to workstations that are ordinarily used by only enrolled students or appropriate staff or faculty. individual or class password controls, or limiting access to workstations that are ordinarily used by only enrolled students or appropriate staff or faculty.

20 D. STORAGE AND REUSE Permission from the copyright holder is required if the item is to be reused in a subsequent academic term for the same course offered by the same instructor, or if the item is a standard assigned or optional reading for an individual course taught in multiple sections by many instructors Permission from the copyright holder is required if the item is to be reused in a subsequent academic term for the same course offered by the same instructor, or if the item is a standard assigned or optional reading for an individual course taught in multiple sections by many instructors Material may be retained in electronic form while permission is being sought or until the next academic term in which the material might be used, but in no event for more than three calendar years, including the year in which the materials are last used. Material may be retained in electronic form while permission is being sought or until the next academic term in which the material might be used, but in no event for more than three calendar years, including the year in which the materials are last used. Short-term access to materials included on electronic reserve systems in previous academic terms may be provided to students who have not completed the course. Short-term access to materials included on electronic reserve systems in previous academic terms may be provided to students who have not completed the course.

21 Videotapes The Copyright Revision Act of 1976 clearly protects audiovisual works such as films and videotapes. The rights of copyright include the rights of reproduction, adaptation, distribution, public performance and display. All of these rights are subject, however, to "fair use," depending on the purpose of the use, the nature of the work, the amount of the work used and the effect the use has on the market for the copyrighted work. The Copyright Revision Act of 1976 clearly protects audiovisual works such as films and videotapes. The rights of copyright include the rights of reproduction, adaptation, distribution, public performance and display. All of these rights are subject, however, to "fair use," depending on the purpose of the use, the nature of the work, the amount of the work used and the effect the use has on the market for the copyrighted work.

22 Use of Video in classroom In-classroom performance of a copyrighted videotape is permissible under the following conditions: 1. The performance must be by instructors (including guest lecturers) or by pupils; and 2. the performance is in connection with face-to-face teaching activities; and 3. the entire audience is involved in the teaching activity; and 4. the entire audience is in the same room or same general area; 5. the teaching activities are conducted by a non-profit education institution; and 6. the performance takes place in a classroom or similar place devoted to instruction, such as a school library, gym, auditorium or workshop; 7. the videotape is lawfully made; the person responsible had no reason to believe that the videotape was unlawfully made. In-classroom performance of a copyrighted videotape is permissible under the following conditions: 1. The performance must be by instructors (including guest lecturers) or by pupils; and 2. the performance is in connection with face-to-face teaching activities; and 3. the entire audience is involved in the teaching activity; and 4. the entire audience is in the same room or same general area; 5. the teaching activities are conducted by a non-profit education institution; and 6. the performance takes place in a classroom or similar place devoted to instruction, such as a school library, gym, auditorium or workshop; 7. the videotape is lawfully made; the person responsible had no reason to believe that the videotape was unlawfully made.

23 Duplication of Videotapes Libraries can not make copies of videos or DVDs to create noncirculating archival copies except under limited circumstances. One can make copies of DVDs if fair use applies (Section 107), a replacement or preservation exemption applies (Section 108), or a teaching exemption applies (generally Section 110). Libraries can not make copies of videos or DVDs to create noncirculating archival copies except under limited circumstances. One can make copies of DVDs if fair use applies (Section 107), a replacement or preservation exemption applies (Section 108), or a teaching exemption applies (generally Section 110). The Technology, Education and Copyright Harmonazation (TEACH) Act, an amendment to the copyright law only allows teachers to make backup copies for teaching purposes. The Technology, Education and Copyright Harmonazation (TEACH) Act, an amendment to the copyright law only allows teachers to make backup copies for teaching purposes. If the digital format is the only one available (no video) and it is protected by copy controls, it is illegal to get around those (even if you have the right by fair use rules), so you cannot copy it. If the digital format is the only one available (no video) and it is protected by copy controls, it is illegal to get around those (even if you have the right by fair use rules), so you cannot copy it.

24 COMPUTER SOFTWARE Purchase Conditions Generally ------------------------------- Most computer software purports to be licensed rather than sold. Frequently the package contains legends similar to the following: Purchase Conditions Generally ------------------------------- Most computer software purports to be licensed rather than sold. Frequently the package contains legends similar to the following: “Read this agreement carefully. Use of this product constitutes your acceptance of the terms and conditions of this agreement.” “Read this agreement carefully. Use of this product constitutes your acceptance of the terms and conditions of this agreement.” Following such legends are the terms and conditions of the license agreement. Many explicitly prohibit rental or lending; some limit the program to use on one identified computer or to one user's personal use.

25 Software - Archival Copies Libraries may lawfully make one archival copy of a copyrighted program under the following conditions: a) one copy is made; b) the archival copy is stored; c) if possession of the original ceases to be lawful, the archival copy must be destroyed or transferred along with the original program; d) copyright notice should appear on the copy. 2. The original may be kept for archival purposes and the "archival copy" circulated. Only one copy -- either the original or the archival -- may be used or circulated at any given time. 3. If the circulating copy is destroyed, another "archival" copy may be made. 4. If the circulating copy is stolen, the copyright owner should be consulted before circulating or using the "archival" copy. Libraries may lawfully make one archival copy of a copyrighted program under the following conditions: a) one copy is made; b) the archival copy is stored; c) if possession of the original ceases to be lawful, the archival copy must be destroyed or transferred along with the original program; d) copyright notice should appear on the copy. 2. The original may be kept for archival purposes and the "archival copy" circulated. Only one copy -- either the original or the archival -- may be used or circulated at any given time. 3. If the circulating copy is destroyed, another "archival" copy may be made. 4. If the circulating copy is stolen, the copyright owner should be consulted before circulating or using the "archival" copy.

26 Examples 1. A high school English teacher wants to show a videotape of the film "The Grapes of Wrath" to her class. The videotape has a label which says "Home Use Only." As long as the \S\ 110(1) requirements for the classroom exception apply, the class may watch the videotape. 1. A high school English teacher wants to show a videotape of the film "The Grapes of Wrath" to her class. The videotape has a label which says "Home Use Only." As long as the \S\ 110(1) requirements for the classroom exception apply, the class may watch the videotape. 6. May an elementary school teacher show a videotape of the film "Star Wars" to his or her class on the last day of school? Because a classroom is a place where a substantial number of persons outside of a family and friends are gathered, performances in them are public. Assuming that this performance is for entertainment rather than with systematic instruction, the classroom exception would not apply. It is unlikely that such a public performance would be a fair use. 6. May an elementary school teacher show a videotape of the film "Star Wars" to his or her class on the last day of school? Because a classroom is a place where a substantial number of persons outside of a family and friends are gathered, performances in them are public. Assuming that this performance is for entertainment rather than with systematic instruction, the classroom exception would not apply. It is unlikely that such a public performance would be a fair use. 13. A math teacher uses one diskette to load a computer program into several terminals for use by students. This use would violate copyright laws as well as most license agreements. It violates \S\ 117 of the Copyright Act, which authorizes the making of one copy if necessary in order to use the program, because it creates copies of the program in several terminals. Further, many license agreements prohibit use of the software on more than one terminal at a time, as well as prohibiting networking or any system which enables more than one person to use the software at a time. 13. A math teacher uses one diskette to load a computer program into several terminals for use by students. This use would violate copyright laws as well as most license agreements. It violates \S\ 117 of the Copyright Act, which authorizes the making of one copy if necessary in order to use the program, because it creates copies of the program in several terminals. Further, many license agreements prohibit use of the software on more than one terminal at a time, as well as prohibiting networking or any system which enables more than one person to use the software at a time. 18. When the teacher retrieves his or her copy of the program may the library retain the archival copy? No. When possession of the original ceases, the archival copy must be transferred with the original or destroyed. If it is returned with the original, the teacher would not be permitted to make additional copiesQhe or she would have an original and the archival copy. 18. When the teacher retrieves his or her copy of the program may the library retain the archival copy? No. When possession of the original ceases, the archival copy must be transferred with the original or destroyed. If it is returned with the original, the teacher would not be permitted to make additional copiesQhe or she would have an original and the archival copy.

27 In-library and In-classroom Use of Software 1. License restrictions, if any, should be observed. 2. If only one program is owned under license, ordinarily it may only be used on one machine at a time. 3. Most licenses do not permit a single program to be loaded into a computer which can be accessed by several different terminals or into several computers for simultaneous use. 4. If the machine is capable of being used by a patron to make a copy of a program, a warning should be posted on the machine, such as: MANY COMPUTER PROGRAMS ARE PROTECTED BY COPYRIGHT. 17 U.S.C. \S\ 101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW. 1. License restrictions, if any, should be observed. 2. If only one program is owned under license, ordinarily it may only be used on one machine at a time. 3. Most licenses do not permit a single program to be loaded into a computer which can be accessed by several different terminals or into several computers for simultaneous use. 4. If the machine is capable of being used by a patron to make a copy of a program, a warning should be posted on the machine, such as: MANY COMPUTER PROGRAMS ARE PROTECTED BY COPYRIGHT. 17 U.S.C. \S\ 101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW.

28 Guidelines for Students or Instructors Preparing Multimedia Works In general, students and instructors may create multimedia works for face-to-face instruction, directed self-study or for remote instruction provided that the multimedia works are used only for educational purposes in systematic learning activities at nonprofit educational institutions. Instructors may use their multimedia works for teaching courses for up to two years after the first use. In general, students and instructors may create multimedia works for face-to-face instruction, directed self-study or for remote instruction provided that the multimedia works are used only for educational purposes in systematic learning activities at nonprofit educational institutions. Instructors may use their multimedia works for teaching courses for up to two years after the first use. Images, text, and other copyrighted material is being used. Images, text, and other copyrighted material is being used.

29 Works Cited Stanford University Libraries,2005 Stanford University Libraries,2005 “Copyright Crash Course,” The University of Texas, 2001 “Copyright Crash Course,” The University of Texas, 2001 ALA, American Libraries, February 1986. ALA, American Libraries, February 1986. U.S. Copyright Office, Library of Congress, August 2006. U.S. Copyright Office, Library of Congress, August 2006.


Download ppt "Educational Fair Use in Copyright Compiled by Ellen Bell, Librarian Amador Valley High School."

Similar presentations


Ads by Google