Copyright Laws: Lawful use of media in the classroom By: Rachel Merren

Penalty for Copyright Infringement Copyright owner can bring suit for unauthorized reproduction or distribution of material. Non-willful infringement: Up to $30,000 Willful infringement: Fewer than 9 copies or less than $2,500 Up to 1 year in prison and/or $100,000 fine 1st time offence for more than 9 copies worth $2,500 or more Up to 5 years in prison and/or $250,000 fine

Fair Use Fair Use Clause Criticism Comment News reporting Teaching “The public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.” Limited portions of media can be used for… Criticism Comment News reporting Teaching Scholarship Research The public will benefit by the review/media enhanced by the copyrighted material.

Conditions for Deciding Fair Use 4 considerations for determining fair use: Purpose of the use, commercial or non-profit Nature of the work Amount of material used Effect of the use upon the potential market for or value of the copyrighted work

Multimedia in the Classroom Educators can use copyrighted material in multimedia projects for instructional material Considerations Time – use materials for up to 2 years after the first use Portion of material Motion Video: 10%, no more than 3 minutes Text Material: 10 %, no more than 1000 words Music/Lyrics/Music Videos: 10%, no more than 30 seconds

Photocopying Text Teachers may copy the following from a book, periodical, or newspaper 1 chapter 1 poem, 250 words or less 1 article, story, or essay 2500 words or less, up to 10% for an excerpt Copyright notice must accompany each copy Only 9 instances of such copying can occur per course

Musical Scores Music teachers can copy up to 10% of a whole work not including a “performable unit”. 1 copy of a performance of copyrighted music can be recorded for evaluation purposes Instructors may not… Copy from workbooks Copy sheet music or recorded music Copy anything without the copyright notice

Film in the Classroom No copyright permission needed to show videos for educational purposes in a face-to-face setting with a lawful copy of the movie Permission needed to show a movie for entertainment purposes or cultural values

Taped TV Programs Tape may be used for… Instructional purposes for 10 days after recording Evaluation purposes only for the next 35 days If tape will be incorporated into the curriculum then permission must be obtained from copyright owner Each teacher of the approved curriculum can show the program once, then once more if necessary After 45 days the tape must be erased or destroyed

Gain Permission Ask for it personally Research who owns the copyright and ask for permission Request a records search from the Copyright Office and ask for permission

Website Considerations All text, photo, music and artwork copyright laws still apply Transferring copyrighted material to or from a website must have permission Hyperlinks are permissible, but they cannot show copyrighted logos attached. Assume It’s Protected When in Doubt, Seek Permission Investigate Claims Promptly Read Click-Wrap Agreement Remove Unauthorized Material Assume It’s Protected

Image Resources http://www.zombiezodiac.com/rob/ped/skyscraper/aoyama_doori_tokyo_office_building.JPG http://school.discoveryeducation.com/clipart/images/permission.gif http://wwp.greenwichmeantime.co.uk/time-zone/europe/uk/website/images/websites-uk.jpg http://img.timeinc.net/time/2007/coolest_websites/365_cool_websites_tout.jpg http://www.andover.edu/library/AcadInteg/Copyright-symbol.jpg

Image Resources Text Resources http://ocw.mit.edu/NR/rdonlyres/Electrical-Engineering-and-Computer-Science/6-912January--IAP--2006/F7386FB9-7E67-48FF-AC9B-6B986F14A357/0/chp_copyrigt_symjpg.jpg Text Resources http://www.copyright.gov/ http://fairuse.stanford.edu/ http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm