1. Copyright in the Classroom SJRCC Libraries

2. The Copyright Act  The Copyright Act of 1976, along with its amended provisions, is the basis of copyright law in the United States.  The Act spells out the basic rights of copyright holders and the doctrine of “Fair Use.”  Under section 102 of the Act, copyright protection extends 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.“  The 1976 Act preempts all previous copyright law in the United States.

3. The Copyright Act  The Act defines "works of authorship" as any of the following:  literary works;  musical works, including any accompanying words;  dramatic works, including any accompanying music;  pantomimes and choreographic works;  pictorial, graphic, and sculptural works;  motion pictures and other audiovisual works;  sound recordings;  architectural works (added in 1990).

4. The Copyright Act  The wording of section 102 is significant because previously copyright protection attached to original works only when those works were 1). published and 2). had a notice of copyright affixed.  The current Act provides that as soon as you create an “original” work that is “fixed;” you get copyright protection automatically.  No longer is a copyright notice on the work required for protection.  No longer must the work be registered with the U.S. Copyright Office to be protected.

5. The Copyright Act  Section 106 granted five exclusive rights to copyright holders: 1. the right to reproduce (copy), 2. the right to create derivative works of the original work, 3. the right to sell, lease, or rent copies of the work to the public, 4. the right to perform the work 5. the right to display the work publicly  The section was amended in 1995 to include a sixth exclusive right—the right to perform a sound recording by means of digital audio.

6. The Fair Use Doctrine  As amended in 1976, federal copyright law does provide some limits to an author’s exclusive control of a copyrighted work.  Section 107 provides that “the fair use of a copyrighted work, including such use by reproduction in copies … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”  This is what is commonly known as the “Fair Use Doctrine.”

7. The Fair Use Doctrine  Section 107 sets out four factors to be considered in determining whether or not a particular use is fair: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; 4. the effect of the use upon the potential market for or value of the copyrighted work.

8. The Fair Use Doctrine  Under the Fair Use Doctrine, using copyrighted material in a classroom without obtaining prior permission from the author may be permissible, but this is not a given.  Determining whether your contemplated use is a “fair use,” and, therefore, is not copyright infringement, requires careful consideration of all the factors relevant to your specific situation.  Even in education, not all uses are fair uses. When in doubt you should always seek legal counsel or seek permission from the owner of the copyright.

9. 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.  Please note that these guidelines do not apply to copyrighted works for which your institution has already obtained licenses such as electronic journals or databases subscribed to by the library. These works are subject to individual license agreements and will be addressed later. Adapted from the Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview

10. Educational Fair Use Guidelines  The educational fair use guidelines apply to material used in educational institutions and for educational purposes.  "Educational purposes" means:  non-commercial instruction or curriculum based teaching by educators to students at nonprofit educational institutions  planned non-commercial study or investigation directed toward making a contribution to a field of knowledge, or  presentation of research findings at non-commercial peer conferences, workshops or seminars. Adapted from the Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview

11. Educational Fair Use Guidelines Reproducing Text Materials for In Class Use  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. Adapted from the Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview

12. Educational Fair Use Guidelines  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.  A notice of copyright must be affixed to each copy. Adapted from the Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview

13. Educational Fair Use Guidelines Reproducing Text Materials for In Class Use  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 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;  one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.  No 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. Adapted from the Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview

14. Educational Fair Use Guidelines Reproducing Text Materials for In Class Use  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.  Teachers may not photocopy workbooks, texts, standardized tests or other materials that were created for educational use. Adapted from the Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview

15. Educational Fair Use Guidelines Reproducing Music  A music instructor can make copies of excerpts of sheet music or other printed works, provided that the excerpts do not constitute a "performable unit" such as a whole song, section, movement or aria.  In no case can more than 10% of the whole work be copied  and the number of copies may not exceed one copy per pupil.  Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics altered (or added).  A single recording of a performance of copyrighted music may be made by a student for evaluation or rehearsal purposes, and the educational institution or individual teacher may keep a copy. In addition, a single copy of a sound recording owned by an educational institution or an individual teacher (such as a tape, disc or cassette) of copyrighted music may be made for the purpose of constructing aural exercises or examinations, and the educational institution or individual teacher can keep a copy. Adapted from the Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview

16. Educational Fair Use Guidelines Reproduction of Music  Instructors may not:  copy sheet music or recorded music for the purpose of creating anthologies or compilations used in class;  copy from works intended to be "consumable" in the course of study or teaching such as workbooks, exercises, standardized tests and answer sheets and like material;  copy sheet music or recorded music for the purpose of performance, except for emergency copying to replace purchased copies which are not available for an imminent performance (provided purchased replacement copies are substituted in due course);  copy any materials without including the copyright notice which appears on the printed copy.  If copyrighted sheet music is out of print (not available for sale), an educator can request permission to reproduce it from the music publisher. Adapted from the Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview

17. Education Fair Use Guidelines Recording Broadcast Television Programs  Broadcast television is defined as all stations transmitted without charge to the general public.  Instructors can record television programs transmitted by broadcast television and these can be shown in class without copyright holder permission under the following conditions:

18. Education Fair Use Guidelines Recording Broadcast Television Programs  It will be displayed by, or under the direct supervision of, a faculty member or adjunct professor.  It will be displayed only in the classroom and only to students enrolled in the class.  It is directly relevant to the teaching content of the course.  Its copyright notice will be shown or the students will be informed that the work may be copyright protected.  No laws were broken in the making or acquisition of the work.  Additionally --------

19. Education Fair Use Guidelines Recording Broadcast Television Programs  The program will only be shown during the 10 school days following its broadcast.  It will be shown no more than twice in each class.  It will be shown only in one semester.  It will not be edited or manipulated.  Within 45 calendar days of the broadcast, the recording will be purchased or licensed or the copy will be erased.

20. Fair Use & Distance Learning  Up to this point we have covered the statutory exemptions and established guidelines for educational fair use of copyrighted materials used in face to face classroom instruction.  When copyrighted materials, whether text or digital multi-media, are uploaded to the web the statutory and established guidelines are more restrictive. However, the fair use exemption is medium-neutral; it applies to the use of both print and digital content alike.

21. Fair Use & Distance Learning  First, it should be noted that posting copyrighted materials to a website to which the general public has access (even a course specific website) is a violation of copyright law.  The following guidelines apply to copyrighted works presented online through the MySJRCC portal or Blackboard software which are restricted by password to students currently enrolled in that course.  The proceeding guidelines provide guidance for the use, without permission, of portions of lawfully acquired copyrighted works.

22. Fair Use & Distance Learning  These guidelines are intended to apply to educational multimedia projects that incorporate educators' original material, such as course notes or commentary, together with various copyrighted media formats, including motion pictures, music, text material, and graphics/ illustrations.  The guidelines are voluntary and do not have the force of law.  If you follow the guidelines, it is highly likely that your use is fair use.  The newly created work that includes copyrighted material may only be used for learning activities.

23. Fair Use & Distance Learning  Student Guidelines  Students may incorporate portions of copyrighted materials when producing a project for a specific course.  Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school.

24. Fair Use & Distance Learning  Faculty Guidelines  Faculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions.  Faculty may use their project for:  assignments for student self-study  for remote instruction provided the network is secure and is designed to prevent unlawful copying  for conferences, presentations, or workshops  for their professional portfolio

25. Fair Use & Distance Learning  Both educators and students must provide attribution and acknowledgment of the source of copyrighted materials  They must include a notice of use restrictions under copyright law on the opening screen of the program and any accompanying print material. For example: “The materials on this course Web site are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.”

26. Fair Use & Distance Learning  Further the access to the copyrighted materials should be time limited.  The material should only be available for15 days.  After that15-day period, the material could be put on reserve for up to two years.  After the two-year period, permission from the copyright holder would be required.

27. Educational Fair Use & the Internet  Many people assume that everything posted on the Internet is public domain.  However, once expression is committed to a tangible medium (and computer media is considered tangible), copyright protection is automatic. So, postings of all kinds are protected exactly as published printed works.  And are subject to the same fair use exemptions as all other forms of copyrighted works.

28. Educational Fair Use & the Internet  In most cases simply linking to another site is not a violation of copyright. However, if the site you are linking to is violating copyright, your link could constitute a further copyright violation.  Copying text, graphics, video or other online content from the Web should be avoided unless the site specifically states that the material may be used.  Use of Creative Commons licenses is growing (www.creativecommons.org).www.creativecommons.org  Using a Creative Commons notice, creators specify the rights conveyed to users — such as to copy, distribute, display, and perform the work, provided attribution is given.  If rights are specified you are required to follow those guidelines.

29. Library Online Databases  Unlike other forms of information, the Library’s online databases are not subject to the Fair Use Doctrine of the Copyright Law because they are covered by vendor- specific licensing agreements.  These agreements spell out in detail who may access the information and how that information can be displayed.  Our licensing agreements do not allow faculty to download (save) a copy of an article from one of our online databases and repost it on your Blackboard course website or portal page.

30. Library Online Databases  Many of our online databases offer “persistent links”; a url which can be used to link students directly to the article.  Unfortunately, these persistent links only work if accessed from a college computer.  As a result, the Library encourages faculty who wish to utilize an article from one of our online databases to provide students with the database name from which the article can be retrieved and bibliographic information such as author and title. Students may then access the online database and, using the information you provide, locate the article(s) in the specific database.

31. Copyright is the Law  This presentation has provided some broad outlines of both copyright law and the fair use exception.  Please note that there are no hard and fast rules; each instance of “fair use” must be individually measured against the four criteria.  When there is any doubt that your intended use is “fair use” it is the obligation of the user (you) to get legal counsel or to pursue purchasing the rights to the materials in question through your department.  Nothing in this presentation should be construed as legal advice. These guidelines are simply that and in no way guarantee exemption from infringement.

32. Sources Used for this Presentation include:  Stanford Universities Libraries, Copyright and Fair Use OverviewCopyright and Fair Use Overview  United States Copyright Office United States Copyright Office  United States Copyright Office, Report on Copyright and Digital Distance EducationReport on Copyright and Digital Distance Education  University of Maryland Libraries, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web  Purdue University Copyright Office, Copyright Basics: an Overview Copyright Basics: an Overview  Baruch College, Interactive Guide to Using Copyrighted Material in Your CoursesInteractive Guide to Using Copyrighted Material in Your Courses

33. Sources Used for this Presentation include:  University of North Carolina School of Education, Fair UseFair Use  University of Texas, Fair Use of Copyrighted Materials Fair Use of Copyrighted Materials  University of Texas, Using Materials from the InternetUsing Materials from the Internet