1. Copyright: The Basics + Q’s and A’s by Clare Tomasch, LCPS Librarian August 2003

2. In the United States, Copyright is the law which provides protection to the works of-- Authors Artists Composers And others

3. The Congress shall have power… to promote the progress of science and the useful arts, by securing for limited time to authors and inventors the exclusive rights to their respective writings and discoveries. (1787) The U.S. Constitution Article 1, Section 8, Clause 8

4. Once a work has been written, it is immediately protected by copyright. By law, it is no longer necessary for the notice of copyright to be displayed on a work.

5. This protection is available to both published and unpublished works. It insures that they will not be used without permission of their authors.

6. Copyright protection applies to all types of creative works: Printed material Music Videos/Motion Pictures Illustrations/Photographs

7. Copyright protection applies to all material on the internet. It must be used with permission and be properly cited when used.

8. Not all works are copyrighted Any work published before 1923 may be used without permission Credit the source Works in the Public Domain

9. Doctrine of Fair Use Provides for limited use of copyrighted material for educational and research purposes Not a blanket exemption

10. 1.What is the character of the use? 2.What is the nature of the work to be used? 3.What is the amount and substantiality of the portion to be used? 4.Will the use negatively affect the value of the copyrighted material? Fair Use Doctrine Four Factor Test

11. Motion media: 10% or up to 3 minutes whichever is less Music: lyrics up to 10% but no more than 30 seconds of an individual work Illustrations or photographs: No more than 5 images from one artist and no more than 15 images, whichever is less, from a collection Fair Use – Permitted Amounts

12. Fair Use – Printed Material Teachers may make single copies of materials as they prepare for class. Single Copies

13. Fair Use – Printed Material Multiple Copies Must meet requirements of: Brevity Spontaneity Cumulative effect

14. Brevity Text: 10% or up to 1000 words, whichever is less Poetry: work of less than 250 words and printed on two pages, may be copied in its entirety; work of larger size, ONLY 250 words may be copied Picture book: two pages or not more than 10%

15. Spontaneity Teacher must initiate making of multiple copies. (Department head or administrator may not make the copies or request that all teachers copy specific material.)

16. Cumulative Effect Copy for one class only Copies shall not be used to replace textbooks or anthologies Consumables may not be copied

17. Acceptable Use of Videos In face-to-face teaching situations In educational settings With legally-acquired material

18. Unacceptable Use of Videos Showing a video strictly as a reward without securing performance rights Copying videos Copying videos taped from broadcast cable networks

19. Videos may be shown as rewards with a proper licensing agreement. Performance Rights See your librarian for information regarding the various types of agreements available to schools.

20. Acceptable Use of Graphics Secure the permission of the artist in writing Clearly state how the artwork is to be used Keep a file of permissions

21. Unacceptable Use of Graphics Copying or enlarging any of the following for use as bulletin board or other types of display: Book jackets Cartoon characters Logos In addition to copyright, these also may be registered trademarks.

22. Plan Ahead When Using Copyrighted Material Who owns the copyright? What permissions are necessary? Who will secure the permissions?

23. Q’s and A’s For those in the know…

24. Is it permissible for a teacher to show a video in class if the tape has a label stating: “For Home Use Only”? Q. A. Yes, if the tape was purchased and is used in a face-to-face instructional activity.

25. What is meant by “face-to-face” instruction? Q. A. This is a Fair Use requirement which generally means that the student and instructor are in the same room and that the work being shown is directly related to the curriculum, not simply related to some type of previously-taught lesson or a future lesson.

26. To conclude our unit on protecting the environment, may I show our school’s copy of “The Lorax” by Dr. Seuss, spreading the presentation over two days to include discussion? Q. A. Yes! You, the teacher, are showing the work; it is an integral portion of the lesson; it is viewed in the classroom; and the copy has been purchased by the science department.

27. May the PTO show a library- owned copy of “Shiloh” to the children of its members in a classroom while adults conduct a meeting in the library? Q. A. This viewing would not be considered a face-to-face teaching activity. This would be considered entertainment or reward and, therefore, would require payment of royalties for the performance.

28. If a video is to be used as a reward or entertainment, how are performance rights obtained? Q. A. To show videos in non-curricular settings, schools obtain performance rights through approved licensing companies.There is a program available to meet this need in LCPS. Contact your librarian or library supervisor David Jones for further information.

29. May a school show an A/V presentation prepared by students to an audience of parents and friends? Yes, under the specific conditions that all copyrighted material is used with written permission; and any student featured in the project has completed the LCPS media release form. Q. A.

30. May a photograph be copied from the internet to use on a school web page? Unless specifically stated that it is in the public domain, assume it is not. Fair Use does not include web pages. If you want to use it as described, seek permission. Keep a copy of the permission on file. A. Q.

31. In closing... Collaborate with your librarian and TRT Encourage teachers to be knowledgeable of copyright and plan all projects carefully Share concepts of copyright compliance with students at all levels

32. Acknowledgements Becker,Gary. Copyright Consultant, Seminole County Public Schools Simpson, Carol. Copyright for Schools, 3rd Ed., Linworth Publishing, 2001. Technology and Learning. Copyright and Fair Use Guidelines for Teachers. 2002.. Groton Public Schools. Copyright Implementation Manual (CIM). 2002.. United States Copyright Office. Reproduction of Copyrighted Works by Educators and Librarians. 19 Mar. 1976 http://www.copyright.gov>.