1 Library Media Services & Office of Instructional Technology Copyright and Fair Use Guidelines for WCPSS educators October 2005

2 86% of young people are aware that software is copyrighted. True? False?

3 Answer True

4 Nearly 1 in 4 kids and teens has downloaded software without paying for it. True? False?

5 Answer True

6 Main reason for downloading illegally is: I do not have the money to pay for it. I wouldn’t use the software if I had to pay for it. Lots of people do it. It doesn’t hurt anybody when I do this. No one has ever told me not to. It isn’t something I would ever get in trouble for doing. My parents have said it is okay to do.

7 Answer Not having the money to pay for software is the main reason given for downloading it illegally. Next two reasons:  I wouldn’t use the software if I had to pay for it  Lots of people do it.

8 Young people are more concerned about: 1. accidently downloading a virus 2. getting into trouble with the law 3. accidently loading spyware 4. feeling that this is just not something that is right to do 5. getting trouble with my parents

9 Answer More concerned with technological problems than ethics when downloading

10 Young people are most likely to learn about copyright laws from: TV Parents Internet Advertisements Friends Teachers

11 Answer TV Parents Internet Teachers came in last!

12 Source of Information “Tweens’ and Teens’ Internet Behavior and Attitudes about Copyright Materials” Results of a National Online Poll of 1183 Youths, ages 8-18 conducted April 2004 by Harris Interactive for the Business Software Alliance

13 Alarming? “What’s most alarming is that eight out of 10 kids and teens understand the definition of copyright and nearly all of them, especially teens, are aware that software, music, and movies are protected by copyright. The fact that kids know stealing software is wrong, and yet they behave like it’s OK, clearly illustrates a challenging ethical dilemma.” Diane Smiroldo, vice president of public affairs for BSA

14 Poll Mainly Addresses Digital Lawbreaking….. Let’s talk about what you need to know about all copyrighted materials.

15 What is Copyright? Protection provided by the laws of the United States Granted to the author of “original works of authorship” Available to both published and unpublished works Author has the exclusive right to do and to authorize others to: reproduce, prepare derivative works, distribute copies, perform the work publicly, display the work publicly, to perform by means of digital transmission U.S. Copyright Office – Copyright Basics (Circular 1)

16 What is Not Copyrighted? Facts! Works consisting entirely of information that is common property and containing no original author or in no tangible form

17 What Else is Not Copyrighted? Works in the Public Domain Works published before 1/1/1923 Works published between 1923 and 1978 with no valid copyright notice or was not renewed Works authored by employees of the federal government Works that the copyright owner has granted to the public domain Currently no works will pass into public domain until 2048!

18 When May Educators Use Copyrighted Materials? When Copyright Law & Fair Use guidelines are followed.

19 Fair Use Principles….Four Factors Copyright Law, Section 107 To determine whether or not a particular use is fair, consider: Purpose and character of the use (commercial or nonprofit) Nature of the copyrighted work Amount & Substantiality of the portion used Effect of the use upon the potential market Does not have to be published

20 What are the Educational Fair Use Guidelines? D eveloped in 1976 by publishers Specific permitted and not permitted guidelines using the “four factors” A gentlemen’s agreement between Congress and the publishing industry Other specifics have been decided in the courts United States Copyright Office. Reproduction of Copyrighted Works by Educators and Librarians. Circular 21.

21 Examples of Fair Use Guidelines Films shown in school must: Be used by teachers in the course of “face to face” instruction with students Be directly related to the curriculum and the current instruction Be correlated to instructional objectives Be shown in the normal instructional setting Be “lawfully” made: the teacher has not duplicated a copy in violation of Fair Use, without the permission of the copyright holder. Not be used for extra-curricular, reward, recreation, or before or after school use. Not be used for fund-raising. No admission should be charged for a film showing.

22 What Does This Mean for Educators? It is the LAW. Educators, students and parents must follow it.

23 What Do Educators Need to Know? The basic facts of Copyright Law (or where to find them) The Four Factors of Fair Use (or where to find them) Where to find the Fair Use Guidelines How to find current copyright information Ask, when in doubt Best Practice: model this process for students and parents

24 What Works in Every Case “The safest course is always to get permission from the copyright owner before using copyrighted material.” ( works!) “When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of ‘fair use’ would clearly apply to the situation.” Register of Copyrights, U.S. Copyright Office

25 What does NC Standard Course of Study require? Ethical use of information is specific in:  Character Education  Information Skills (to be integrated into each subject area) Necessary if not specific in every curriculum area

26 Where Can You Find Help with Copyright Questions? What About Copyright? Blackboard site Library Media Services ( ) Library Media Specialist at your school Office of Instructional Technology Tech Contact

27 Blackboard Site for Copyright Essential Reference FAQ’s Law and Policy Powerpoints Web Sites Contacts

28 Blackboard Site Open to Guests—so any WCPSS staff may view Log in using your ID, password- welcome Click on Course Sites (top button) Click on Central Office, Curriculum & Instruction, What About Copyright?

29 WCPSS Copyright Notice This notice may be downloaded from the Blackboard sites: Library Media Services and What About Copyright? It should be printed and posted in schools, i.e. copy machines, computer labs, etc.

30 Special Responsibility “Educators have special privileges under copyright law, but they also have a special responsibility to respect—and to teach students to respect—the intellectual property rights of others. This responsibility is especially important now that the Internet makes so much copyrighted materials so accessible to so many people.” Gary Becker, Copyright in a Digital Age, June 2000