RULES AND REGULATIONS OF COPYRIGHT By: Melissa Herring and Nancy Nichols

Are you Guilty or Innocent? If you have ever: Mass copied workbook pages (not released for photocopying). Handed out a photocopy of a complete poem from a Shel Silverstein book. Used more than 10% or 30 seconds of a song for a project. Copied textbook pages without permission….

YOU ARE GUILTY OF INFRINGEMENT!!!!

You could be fined! Did you know the court can award up to $150,000 for each separate conviction of willful infringement? Did you realize items you unlawfully copyright can be impounded or even destroyed??

The Defense… Being charged with infringement means you have used copyrighted material without authorization! Fair Use: You may reproduce any copyrighted material for a limited purpose if following the specific criteria set out under “fair use.” To avoid infringement, permission should be requested if reproducing more than the amounts by which you are limited.

Fair Use Considers: The reason and nature of use. The structure of the work. The amount or portion used. The consequences of the use on the marketplace.

What are You Allowed to do within your Classroom? With Multimedia… Limitations Any multimedia materials used within an educational course may be implemented for up to two years. You can only make two copies of a multimedia project. An additional copy may be made for safe keeping. If a project is created by two or more people, each person may keep one copy for educational purposes. Permission must be obtained if the project is used outside of the educational realm. Portion limitations apply to the following: No more than 10% or 30 seconds of a musical work; including lyrics. No more that 10% or three minutes of motion media; animation, video, or film. No more than five images of photography or illustration per artist. No more than 10% of a copyrighted database.

What are You Allowed to do within your Classroom? With Music… Limitations… Music instructors may reproduce sheet music and print by excerpt, or 10% only. Single recordings may be copied, one per student, for rehearsal or evaluation A single copy of any sound recordings may be kept by the educational facility or the individual teacher. Copying of sheet music to create a compilation is not allowed. Workbooks and other consumables used for teaching may not be reproduced. Sheet music or recordings for performance purposes may not be copied unless an emergency exists and substitutions or permission could not be obtained on such short notice. Reproduction without copyright notice appearing on the copy is not allowed.

What are You Allowed to do within your Classroom? With Film… Limitations… No license from the copyright holder is needed when a teacher uses a purchased or rented film within the classroom setting, but the teacher or a substitute must be present. The film must be legally rented or purchased. Using a remote memory storage facility to obtain the film is not permitted.

What are You Allowed to do within your Classroom? With Television… Limitations… Recorded television programs may be kept within the classroom for up to 45 days. Video recordings may be requested and made for an individual teacher on a one time basis and must include the copyright information A television recording may only be used educationally within the first 10 days of the 45 days it may be kept before erasing. Repeated recordings that are preset are not legal.

What are You Allowed to do within your Classroom? With text… Limitations One copy of most print material may be used by an educator. Text includes articles from books and periodicals, short stories, poems, essays, charts, diagrams, pictures, cartoons, or drawings. Photocopies of poems of 250 words or 10% of prose, one chart, diagram, drawing, cartoon, graph, or picture per book or periodical may be distributed in a classroom setting. One only is the usual rule applying to poems, articles, stories, or essays by the same author or periodical during one class term. Only the teacher may decide to reproduce, not administration or higher authority. Permission should be sought unless time constrains the ability to seek permission. Teachers are not allowed to mass produce any work materials which would interfere with profits of the publisher.

How are Websites Handled in Classrooms? Teachers may… Teachers may not… Transfer information to and from a website by copying or downloading. Material may be loaded onto a computer with permission from the copyright owner. A simple word link or hypertext link is permissible. Transfer material to or from a website without authorization from the copyright owner. Omit logos or trademarks from any link or website.

How Might a Teacher get Permission from a Copyright Owner? The teacher may… Teachers should not… Contact the rights holder directly. Purchase permission online. Use Certain materials under the “educational use” clause Use copyrighted material when they are not able to obtain permission. Use material if “fair use” criteria would not cover the infringement.

References: Images: http://www.talkingnfl.com/nfl-draft-preview-san-diego-chargers/ http://www.ssahcoalition.ca/ Microsoft Office Clipart Information concerning copyright was obtained from: United States Copyright Office. Library of Congress. Retrieved June 25, 2009, from http://www.copyright.gov/ Stanford University. Copyright and Fair Use. Retrieved June 25, 2009, from: http://fairuse.stanford.edu/ Copyright Clearance Center. Retrieved June 25, 2009 from: http://www.copyright.com/ University of Texas , Crash Course In Copyright. Retrieved June 25,2009, from: www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm Templeton, B. (2008). 10 Big Myths about copyright explained Retrieved June 25, 2009 from: http://www.templetons.com/brad/copymyths.html