Presentation on theme: "Copyright Basics Clarifications for Teachers and Students."— Presentation transcript:
Copyright Basics Clarifications for Teachers and Students
What is copyright? Originating in the Constitution, copyright is extended to “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” (Section 102 of the Copyright Act) These works include literary works, musical works, dramatic works, sound recording, computer programs, and architectural works.
Is there anything to which copyright protection does not extend? Works that have not been written or recorded Ideas, procedures, methods, discoveries are not protected Works that contain no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, etc.) cannot be copyrighted Lists of data (such as the telephone book) Most U.S. government materials (some items created by contractors for the government might be copyrighted) Facts
What rights to copyright holders have? The right to reproduction of their work The right to adaptation or creation of derivative works The right to distribute copies by sale, gift, rental, lease or lending The right to public performance The right to public display
How long does copyright last? Assume that all works created and put down in tangible form on or after January 1, 1978 are copyrighted, unless shown otherwise, for the life of the author plus 70 years Works created more than 75 years ago likely have no protection, unless a new edition has been released. All works created before 1923 and most between 1923-1963 are in the public domain, and may be used without restriction
What if there’s no symbol? Doesn’t matter. Any creative work published in print, on the internet, or any other format is considered to be protected with or without a copyright symbol accompanying it.
As educators, aren’t we entitled to use what we need? Title 17 of the US Code gives schools special exceptions to strict copyright requirements, called “Fair Use” conditions. However, even these provisions have limits, and don’t give teachers free rein or total exemption from penalties. Fair Use balances the rights of the user and the author
What are the “Fair Use” provisions? The factors to be cumulatively considered include: The purpose and character of the use The nature of the copyrighted work The amount and substantiality of the portion used in relation to the whole The effect of the use upon the potential market for or value of the copyrighted work
So how much can we copy? For purposes of research, teaching, or preparation for teaching, you may copy, retain, post, or read to the class: A single copy of a chapter from a book A single copy of an article from a periodical or newspaper A single copy of a short story, short essay or short poem A single copy of a chart, graph, drawing, cartoon, diagram, or picture per book or periodical
What about multiple copies? Making multiple copies for student use in a classroom is permissible provided: Only one copy per student is made The teacher actually uses the copies for a specific activity or discussion Each copy has the copyright notation visible Each copying meets the three tests of brevity, spontaneity, and cumulative effect. These tests are very specific, and each copy must meet all three tests.
Brevity refers to how much is copied Poems less than 250 words may be copied in their entirety. If they are longer, only 250 words may be copied Prose including articles, stories, or essays of less than 2500 words may be copied in their entirety, but copying for other types of prose such as novels, plays, or letters must not exceed 1000 words or 10% of the whole
Brevity, cont. No matter what the length of the work, an excerpt of 500 words may be copied One chart, graph, drawing, cartoon, diagram or picture may be copied per book or periodical issue. These copies must be exact copies, and cannot be modified in terms of size or in any other way
Spontaneity refers to the initiation and timing of the decision to use a copyrighted work The idea and decision to make multiple copies must be at the inspiration of the individual teacher, implying that the department head or supervisor cannot direct a teacher to make copies The idea and decision to use the work and the time that it will be used are so close in time that it would be unreasonable to expect a timely reply to a request for permission. The same item may not be used in subsequent semesters or years without permission (allow 3-4 weeks)
Cumulative effect addresses the substitution of copying for purchasing Class copies of one short poem, article, story or essay or two excerpts from the same author may be made per term If the copies are taken from a collected work or periodical volume, three or fewer items may be copies per term Current news articles (up to 2 months) are exempt No more than nine items from periodicals may be copied in multiples per course during one class term
Four prohibitions to the print permissions must be considered in determining cumulative effect: Copying shall not be used to create, replace, or substitute for anthologies, compilations or collective works Works intended to be “consumable” may not be copied (pages from workbooks, tests, standardized tests, answer sheets, worksheets, cut-outs, or templates that would be destroyed during initial use) Copying may not substitute for purchase of materials, be directed by a higher authority, or be repeated with respect to the same item from term to term No charge beyond the cost of the actual copying may be incurred
How much of an audiovisual or Internet site can be used to create a new work? The Fair Use Guidelines to Educational Multimedia set these limits: Motion Media10% or 3 minutes Text10% or 1000 words Poetry250 words; no more than 3 poems by same author Music, Lyrics, Video10% or 30 seconds Photos & Illustrations5 images from one artist 15 images from a collection Numerical Data Sets10% of 2500 fields or cells All materials used must be properly cited! The opening screen should indicate that the new work contains coyrighted items used under Fair Use Guidelines
Are there other guidelines for the new works? Newly created multimedia works must support direct instruction Multimedia works by students may be used in the class for which they were created Multimedia works may be retained in student portfolios for interviews, applications, etc. Teachers may only retain their works for two years without obtaining permission from each copyrighted source. If there’s a chance the new work may be published, permission must be obtained in advance. Teacher projects may be retained indefinitely for presentations to their peers, i.e. at workshops, or for personal uses such as job interviews.
Can these new works be copied? Including the original,two copies may be made for use One additional copy may be made for preservation One copy may be made for each of the creators to retain
Okay, what’s the real deal about playing tapes and showing videos? The law provides for performance of a work in schools, as long as four requirements are met: The performance must be presented by instructors or students; and Must take place during face to face instruction and related to the lesson at hand ; and Must take place in a classroom or similar setting such as the library; and Must be of a legally acquired copy Note: playing tapes or showing videos for reward or entertainment is prohibited. If a video is to be used for entertainment or reward during the school day and/or at school sponsored activities, performance rights must be obtained from the copyright holder
Isn’t there something about a form? In addition to the previous guidelines, the CHCCS School Board policy calls for the subject matter to be appropriate to the curriculum and the maturity level of the students, and states that the item should be previewed by the teacher. “Videocassette tapes other than those from the school media center, North Carolina Library System, or the State Department of Public Instruction may be used only when the principal has prior knowledge of their use.” Therefore, form IFBE-E must be filled out and submitted to the principal for any videos not falling in those categories. (CHCCS Board Policy 3200)
What about off-air taping? Programs on regular broadcast channels may be freely taped; however they may only be shown within 10 school days of the broadcast—once for viewing and once for reinforcement. They may be kept for 45 days total, but the remaining 35 days are only for teacher review. The same program may not be retaped without permission, no matter how often it is broadcasted. There are no fair use rights for cable channels or satellite broadcasts. Some copyright holders allow certain programs to be copied according to their own individual program guidelines.
Can I show webpages to the class? The copyright holder has the right of display. Your class is a public group. If the display is spontaneous, without time to obtain permission, the website could be shown for a single lesson. Permission should be requested for repeat showings, whether the re-use is in the same term or subsequent terms.
What about copying software? Most software is licensed. The purchaser only owns the right to use the software as set forth in the license agreement. There are only two instances when copying software beyond the agreement is allowed: If a copy must be first installed into memory; and if an archival copy is needed as a backup. Copies of computer documentation, including command cards, keyboard sheets, etc. are not allowed other than archival copies, unless specifically permitted in the license.
What about freeware and shareware? Freeware is copyright protected, and subject to the conditions defined by the copyright holder Freeware can be distributed, but not for profit Freeware can be modified, but the “new” programs cannot be sold for profit Shareware is only free during an evaluation period (usually 30 days). Then if you wish to keep it you must pay for it
What about course packs? Limit course pack materials to Single chapters Single articles from a journal issue Other similarly small portions of a work Include copyright notice from the original and appropriate citation Obtain permission for materials that will be used repeatedly Use copy shops that obtain permissions and pay royalty fees
How do I get permission? Internet sites often post the email address of the creator. Use it! See your media specialist for form letters, or see samples for students and teachers at http://mciu.org/~spjvweb/letter.html http://www.utsystem.edu/ogc/IntellectualProperty/per missn.htmhttp://www.utsystem.edu/ogc/IntellectualProperty/per missn.htm and http://www.umuc.edu/library/sample.html
How am I supposed to remember all this? You can’t. Bottom line: Ask your media specialist Be conservative Think about what’s fair Be a good role model And always cite your sources!
References “Copyright 101 for Educators.” Tech-Learning: The Resource for Technology Leaders 2004 [Online]. 13 October 2004 www.techlearning.com/db_area/archives/WCE/archives/copywe s.html www.techlearning.com/db_area/archives/WCE/archives/copywe s.html Copyright Implementation Manual Groton Public Schools, 2003 [Online]. 22 October 2004 http://groton.k12.ct.us/mts/eg3htmhttp://groton.k12.ct.us/mts/eg3htm Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web University of Maryland University College, 1996-2004 [Online] 13 October 2004 www.umuc.edu/library/copy.html www.umuc.edu/library/copy.html Fair Use of Copyrighted Materials 2004 [Online]. 13 Oct. 2004 www.utsystem.edu/ogc/IntellectualProperty/copypol2.htm www.utsystem.edu/ogc/IntellectualProperty/copypol2.htm Highlights of the Fair Use Guidelines for Educational Media. The Penn State University Libraries, 1997 [Online]. 24 Oct. 2004. www.libraries.psu.edu/mtss/fairuse/fairhigh.html www.libraries.psu.edu/mtss/fairuse/fairhigh.html
References, cont. Impact: Guidelines for Media and Technology Programs. NC Dept. of Public Instruction, n.d. [Online]. 27 Oct. 2004 http://ncwiseowl.org/impact http://ncwiseowl.org/impact Intel Teach to the Future. Sunnyvale, CA: Intel Corporation, 2003. Reinhardt, Phil. Copyright and Citations: What Educators Need to Know. 1997 [Online]. 17 Oct. 2004 http://homepage.mac.com/prr/copyright.html http://homepage.mac.com/prr/copyright.html “ School Board Policies.” Chapel Hill Carrboro City Schools. 2001- 2004 [Online] 27 Oct. 2004 http://chccs.k12.nc.ushttp://chccs.k12.nc.us Simpson, Carol Mann. Copyright for Schools: A Practical Guide. Worthington, Ohio: Linworth Publishing Inc., 1997. “ U.S. Code Collection: Title 17, Chapter1.” LII: Legal Information Institute [Online]. 24 Oct. 2004 http://assembler.law.cornell.edu/uscode.html http://assembler.law.cornell.edu/uscode.html Created by MG Leonard, email@example.com, firstname.lastname@example.org