Copyright and Ethics

What is Copyright? Title 17, U.S. Code - A form of protection provided by the laws of the United States to the “authors of original works of authorship” (includes published and unpublished works) –Literary –Dramatic –Musical –Artistic –Other intellectual works From The U.S. Copyright Office

Rights of Copyright Owner Reproduce copies or recordings Prepare derivative works Distribute copies or recordings Perform the work publicly Display the copyrighted work publicly Perform publicly, including digital audio transmissions

What Qualifies for Copyright Protection? Original works Creative to a minimal degree In a fixed or tangible form of expression

When is a Work Copyrighted? As soon as the work is created (since 1978) –Ideas and facts are not copyrighted Does not depend on publication Does not have to be registered Can use © or copyright Works by U.S.Government are not eligible for copyright protection

How Long Does Copyright Last? If created after 1/1/78 –Author’s life plus 70 years If created and published or registered before 1/1/78 –From 28 to 95 years

Why Care About Copyright ? It’s the law Modeling for students (and other teachers) Personal ethics –Teachers have a moral obligation to practice personal integrity Impact on all creativity

Why Bother? There are no such things as “secrets” in a school. Disgruntled employees report copyright violations the most. Educational institutions are starting to protect themselves--individual teachers can (and have been) sued.

When Can I Use Materials? You may use copyrighted materials if: –Items are in the public domain. –You receive prior permission from the copyright holder. –There is a legal exception. –It qualifies for fair use.

What is Fair Use? Title 17, U.S. Code, Section 107 Defines limitations on exclusive rights of copyright holders When used for criticism, comment, news reporting, teaching, scholarship, and research

What Determines Fair Use? Purpose and character of the use –Is it commercial or for nonprofit educational purposes? –Spontaneous and temporary Nature of the copyrighted work –Paragraphs, not chapters Amount and substance of portion used in relation to the entire copyrighted work Effect of use upon potential market

Fair Use of Software Doesn’t exist!

Guidelines ALWAYS include copyright notice and attribution Text –Less than 10% of work from book, newspaper, magazine –Up to 250 word poem, no more than 3 from same anthology Images – No changes –No more than 5 from single source and not over 10/15% of single work, whichever is less

More Guidelines Video –No changes –Single copies only –Up to 3 minutes or 10%, whichever is less Music –No changes –Single copies only –30 seconds or up to 10%, whichever is less

More Guidelines Television/Satellite –Single copy –Used by individual teacher –May be used up to 45 days after broadcast –Other restrictions may apply

The TEACH Act Signed into law 11/2/02 Most changes apply to distance education

Disclaimers This is not meant to be an all inclusive set of guidelines for copyright and fair use in the classroom. The more one exceeds the guidelines, the greater the risk that fair use does not apply. Only the courts can determine whether any particular use falls within fair use. When in doubt, seek permission. If still in doubt, seek a lawyer.

Give advice to Mr. Schmoo Mr. Schmoo is a new teacher. He doesn’t make a lot of money, so he has not spent a lot of money in his classroom. He knows that he needs some reading materials for his students to read during ‘stop everything and read’ time. He decides to borrow some books from another teacher and make a photocopy. He figures that he will throw them away when he has money to buy new books. Does Mr. Schmoo have a good idea? Or does he need some mentoring?

Fair Use or Not ZooNet Images- se-study21.html Daily Duplicating- se-study3.html FrontPage- se-study6.html

Copyright Resources roperty/ccmcguid.htm#2http:// roperty/ccmcguid.htm#2 htmhttp://home.earthlink.net/~cnew/research. htm

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What Determines Fair Use? Purpose and character of the use –Is it commercial or for nonprofit educational purposes? –Spontaneous and temporary Nature of the copyrighted work –Paragraphs, not chapters Amount and substance of portion used in relation to the entire copyrighted work Effect of use upon potential market