1. to Intellectual Property: A Webinar on Fair Use in the Classroom
The Teacher’s Guide
to Intellectual Property: A Webinar on Fair Use in the Classroom

2. DISCLAIMER
This webinar is for educational and informational purposes only. Constitutional Rights Foundation, Street Law, Inc., and the United States Patent and Trademark Office (“presenters”) make no representation or warranty as to the accuracy, completeness, or suitability of the information in this webinar to any issue or concern you may have. The presenters are not liable for any claims, losses, or damages based upon use of the content of the webinar. You should not rely on the content of this webinar, in whole or in part, as legal advice for any issue. Instead, the presenters encourage you to consult your own school or district policy on intellectual property or with an attorney specializing in intellectual property law for any specific issues or concerns you may have.

3. A Dialogue with Students
USPTO Event:
Creations of the Mind:
A Dialogue with Students
Alexandria, Virginia
April 30, 2010

4. What Is Intellectual Property?
Intellectual Property refers to creations of the mind:
Inventions, literary and artistic works, confidential information, and symbols, names, images, and designs used in commerce. IP includes patents, trademarks, trade secrets, and copyrights.
Why Is Intellectual Property Important?
Part of Constitution
Impacts daily lives
Promotes creativity
Three main concepts of IP
Patent, Trademarks and Copyright
A trademark is usually a name or symbol that a company uses to identify
its products or services. Trademarks can be a word, phrase, symbol, design, sound, color, or smell
Patent
A patent is protection for an invention or design, giving the inventor exclusive ownership rights for a period of time.

5. Copyright
Copyright provides legal protection for written or other tangible works. When a work is copyrighted the owner has exclusive control over what can be done with the work. This means that it cannot be copied or used by another person without permission.
Examples include: books, web sites, logos, artwork, commercials, sculptural works, photographs,
drawings, graphic designs, etc.

6. Copyright Infringement
Occurs when copyrighted material is used without the owner’s permission.
Penalties for copyright infringement:
1. Infringer pays the actual dollar amount of damages and profits (including court and attorney fees.)
2. Infringer pays a set amount determined by law (from $200 to $150,000 for each work infringed.)
3. The court can issue an order to stop the infringing acts.
4. The court can take the illegal works.
5. The infringer can go to jail.

7. A Major Exception to Copyright Protection Is…
Fair Use
Fair use permits the limited use of copyrighted material without requiring permission from the rights holders.
Commentators, critics, news reporters, researchers, teachers, and scholars frequently rely on fair use to use copyrighted material.

8. For Example…
Let’s say that someone is reviewing a movie on a blog. The reviewer may use a short clip from the movie to comment on it. This is fair use of the copyrighted movie.
The fair use exception has the same
purpose as the copyright law:
To promote knowledge and
creativity
The courts have long recognized the fair use exception. Congress wrote it into the 1976 Copyright Act.

9. Determine If Fair Use Applies

10. Monster’s Communications
Fair Use Case Study…
Monster’s Communications v.
Turner Broadcasting
The plaintiff, Monster Communications, was the producer of a movie about the 1974 heavyweight title fight between Muhammad Ali and George Foreman called When We Were Kings (84minutes).
The defendant, Turner Broadcasting, was the maker of a television documentary about Ali’s life called Muhammad Ali—The Whole Story (94 minutes).
The documentary contained approximately 10 short film clips of actual historic events (about 2.1% of the film) that also appeared in the plaintiff’s movie. The clips ranged from 41 seconds long to two minutes long.
The defendant did not get permission to use the clips from the plaintiff. The plaintiff sued the defendant for copyright infringement.

11. Fair Use Case Study…
The plaintiff, Monster Communications, was the producer of a movie about the 1974 heavyweight title fight between Muhammad Ali and George Foreman called When We Were Kings (84minutes).
The defendant, Turner Broadcasting, was the maker of a television documentary about Ali’s life called Muhammad Ali—The Whole Story (94 minutes).
The documentary contained approximately 10 short film clips of actual historic events (about 2.1% of the film) that also appeared in the plaintiff’s movie. The clips ranged from 41 seconds long to two minutes long.
The defendant did not get permission to use the clips from the plaintiff. The plaintiff sued the defendant for copyright infringement.
The plaintiff, Monster Communications, was the producer of a movie about the 1974 heavyweight title fight between Muhammad Ali and George Foreman called When We Were Kings (84minutes).
The defendant, Turner Broadcasting, was the maker of a television documentary about Ali’s life called Muhammad Ali—The Whole Story (94 minutes).
The documentary contained approximately 10 short film clips of actual historic events (about 2.1% of the film) that also appeared in the plaintiff’s movie. The clips ranged from 41 seconds long to two minutes long.
The defendant did not get permission to use the clips from the plaintiff. The plaintiff sued the defendant for copyright infringement.

12. Is Fair Use a Good Defense in This Case?
YES NO

13. Court’s Decision in Monster Communications, Inc. v
Court’s Decision in Monster Communications, Inc. v. Turner Broadcasting, 935 F.
Supp. 490 (SDNY 1996)
The court held that the use of the film clips was fair use. Overall the court focused on the fact that only a very small portion of the plaintiff’s movie was taken and the purpose of doing so was largely informational.
Here’s how the Court looked at the four criteria:
1. The purpose and character of the use-the allegedly infringing work is a
biography, “undeniably…a combination of comment, criticism, scholarship, and
research, all of which enjoy favored status…” under the law.
2. Nature of the copyrighted work- the Court looks at the degree of creativity in the
copyrighted work. The higher the degree of creativity the more protection is
available. In this case the Court found that the level of creativity was not
substantial so this factor was essentially neutral.
3. The amount/portion used—the Court found that the alleged infringing use was
small and is not the focus of the story---therefore finding for defendants
(Turner).
4. Effect on the market for the copyrighted work—Here the Court asks whether
the impact of between 41 seconds and 2 minutes will undercut the market for the
Monster production, Kings. The Court finds that the segments used by Turner
are not likely to impact the market because they are too small a part in relation to
the whole production.

14. Fair Use in Schools Educational use is one of the prime examples of
legitimate fair use.
Fair use allows limited
use of:
Short printed material Pre-recorded music
Archived printed material Video
Illustrations/Photographs Television
Integrated video Computer software Internet digital images, sound, & video files
Lots of grey area
fair use is decided on a case by case basis and outcomes can vary depending on:
Statutes/regulations, district and school policy
Different rules apply to different materials

15. Hypo #1
A teacher photocopies a dozen essays and articles and binds them together in a packet for her students.
Is this fair use?

16. Use of Short Printed Materials…
Teachers may make multiple copies for classroom use and incorporate into multimedia for teaching classes.
Students may incorporate text into multimedia projects.
Copies may only be made from legally acquired originals and must be at the inspiration of an individual teacher

17. Short printed material
Fair use of printed matter:
Poem less than 250 words; 250-word excerpt of poem greater than 250 words
Articles, stories, or essays less than 2,500 words
Excerpt from a longer work (10 percent of work or 1,000 words, whichever is less)
One chart, picture, diagram, or cartoon per book or per periodical issue
Two pages (maximum) from an illustrated work less than 2,500 words, e.g., a children’s book

18. Hypo #2
A student downloads ten photos from Google Images and pastes them into a class project.
Is this fair use?

19. Illustrations and Photographs
OK to use single works in their entirety (but no more than five copies per one artist.)
If a collection, no more than 15 images or 10% (whichever is less) of the entire collection can be used.
Some images are in the public domain and can be used freely.
Research copyright ownership: or

20. Notes About Downloading From the Internet…
When teachers or students download digital images, sound, and video files from the Internet, make sure the material:
Is solely for student projects or teacher lessons
Follows portion restrictions
Has been legitimately acquired by the web site (e.g., you may not download infringing material from YouTube)
Is not reposted on the Internet (without permission)

21. Hypo #3
A teacher rents the movie Dances With Wolves and shows it in class during a unit on westward expansion in the 19th century.
Is this fair use?

22. Integrated video (e.g., QuickTime videos, Internet video clips)
Video Materials
OK to view rented or purchased DVDs in the classroom if they are acquired legally and the purpose is educational, not entertainment.
Integrated video (e.g., QuickTime videos, Internet video clips)
Students may use portions of copyrighted works in their academic multimedia (must be properly credited and obtained lawfully).
No more than 10 percent or three minutes (whichever is less) of “motion media.”

23. Hypo #4
A teacher uses a 30-second portion of a track on a classical music CD as background music to a multimedia presentation.
Is this fair use?

24. Pre-recorded music (multimedia or video projects)
This might include records, cassette tapes, CDs, or audio clips on the web.
Students/teachers may use up to 10 percent (no more than 30 sec.) of a copyrighted musical composition to be reproduced, performed, and displayed as part of a multimedia project.
No more than 10 percent or three minutes (whichever is less) of “motion media.”

25. Hypo #5
A librarian uses a licensed version of PowerPoint at home, but copies it onto his classroom computer to let students develop class projects.
Is this fair use?

26. Computer Software
Software must be either purchased or licensed prior to its use.
The number of simultaneous users must not exceed the number of licenses, and the number of machines being used must never exceed the number licensed.

27. Hypo #6
A student uses a 30-second clip of a cable television show in a class presentation.
Is this fair use?

28. Television Programming and the Classroom
Broadcasts of TV or recordings made from broadcasts may be used for instruction.
But…schools only have a minimum right to retain the broadcast (10 school days). Certain rights holders, such as PBS’s Reading Rainbow, allow for longer retention.
Cable channel programs may only be used with permission and are not covered by the same guidelines as TV broadcasts.

29. Educate IP Website

30. Q & A With Attorney Experts

31. Sources
Technology & Learning: Copyright and Fair Use Guidelines for Teachers (Chart), which is based on the following sources: U.S. Copyright Office Circular 21; Sections 107, 108, and 110 of the Copyright Act (1976) and subsequent amendments, including the Digital Millennium Copyright Act; Fair Use Guidelines for Educational Multimedia; cable systems (and their associations); and Copyright Policy and Guidelines for California’s School Districts, California Department of Education.
This project is a collaborative effort of Street Law, Inc., and Constitutional Rights Foundation.
Educating to Protect Intellectual Property (ePIP) is funded by grant BE-BX-0001 from the United States Patent & Trademark Office and supported by the United States Department of Justice.