Professional Development for Media and Technology Digital Copyright Presented by: Barry S. Britt This presentation will be published online at

The Network Founded by District Media and Technology Specialists Educators Music Video Film/TV Web Technology Internet Industry Professionals Copyright Attorneys Internet Security Compliance Professional Development for Media and Technology 2

DON’T DOWNLOAD THIS SONG!! Professional Development for Media and Technology 3

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“If you have illegal Peer to Peer sharing devices on your home or school computer - such as Kazaa or Limewire - get rid of it, it’s not worth it!” - Barry S. Britt Professional Development for Media and Technology 7

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COPYRIGHT CASE During the 2005–2006 school year, a large and affluent school district with large media programs for the students running their own cable station, was insistent that they were operating within the guidelines of “Fair Use,” using only portions of songs, not for profit.

COPYRIGHT CASE (CONT.) The district personnel did not understand the proper meaning of “Fair Use,” and were forced to explain their actions to authorities. Although sure that their “Fair Use” explanation would hold up, the district was cited in 38 various law suits totaling over $30 million. Upon further research, the authorities also discovered peer-to-peer sharing of illegal music files among students, and filed separate lawsuits against the parents of guilty students. One girl had shared over 5,000 illegal downloads, and her current fine is at $3 million.

WHAT IS LEGAL USE? Purchased from a legal distributor for: Home use Personal use Professional Development for Media and Technology 13

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WHAT IS EDUCATIONAL USE? “Educational Use” refers to the Fair Use Guidelines for Educational Multimedia The Conference on Fair Use met in 1997 in order to establish some guidelines for educational use. Professional Development for Media and Technology 16

“If you are having to talk about Fair Use, then you’re already in trouble.” - Michael Brown, NY Copyright Attorney Professional Development for Media and Technology 17

Section 1.1 “…only the courts can authoritatively determine whether a particular use is fair use,…” FAIR USE GUIDELINES Professional Development for Media and Technology 18

Section 1.1 “…uses that exceed these guidelines may or may not be fair use.” Professional Development for Media and Technology 19 FAIR USE GUIDELINES

Crediting the source must adequately identify the source of the work, giving a full bibliographic description where available (including author, title, publisher, and place and date of publication). The copyright ownership information includes the copyright notice (©, year of first publication and name of the copyright holder). Professional Development for Media and Technology 20 FAIR USE GUIDELINES Section 6.2 – Attribution & Acknowledgement

Section Licenses and Contracts Educators and students should determine whether specific copyrighted works, or other data or information are subject to a license or contract. Fair use and these guidelines shall not preempt or supersede licenses and contractual obligations. Professional Development for Media and Technology 21 FAIR USE GUIDELINES

EDUCATIONAL USE 1997 Fair Use Guidelines for Educational Multimedia Professional Development for Media and Technology 22

EDUCATIONAL USE The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. Professional Development for Media and Technology 23

Fair Use Guidelines for Educational Multimedia Section No web publishing No Must be on a secured, password protected network No copies Professional Development for Media and Technology 24 FAIR USE GUIDELINES

Important Points Relevant to course content Used for face to face instruction on a closed network No duplication for distribution Credit/ cite the copyright holder One-time use Professional Development for Media and Technology 25 FAIR USE GUIDELINES

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COPYRIGHT IS NOW THE LEAST OF OUR WORRIES – BRANDS ARE OUR BIGGER CONCERN. Professional Development for Media and Technology 28

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Professional Development for Media and Technology 31 Business LegalLicenses Friends SharingPermissions LiabilityLife What we haveWhat we want Old School 1997 FAIR USE New Age

“Every person who writes a document published on the internet, who creates a graphic or icon, who scans his own photograph or records his own voice into a digital file, who sends an electronic mail message, who creates a document for a newsgroup, or who designs a web page owns the copyright to his creative work.” - Carol Simpson, “Copyright for Schools” Professional Development for Media and Technology 32

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Your Turn… What would you do?

I’m doing a report on the war in Iraq. Can I incorporate some photos I found on the internet? Professional Development for Media and Technology 37

I printed out some pages from the internet that pertain to my lesson. Is this okay? Professional Development for Media and Technology 38

If I find a newspaper article online or in print which supports my research, can I use it? Professional Development for Media and Technology 39

Do I need permission to put a link to another website on my page? Professional Development for Media and Technology 40

I found a video on YouTube which supports my project for education – can I use it? Professional Development for Media and Technology 41

I know that some teachers are showing movies as “rewards” for students; should I be concerned? Professional Development for Media and Technology 42

Several teachers want to view a video at the same time. Can we do this through a video distribution program? Professional Development for Media and Technology 43

Can I show just a clip from a movie? Professional Development for Media and Technology 44

We’re studying classical music in our Music Appreciation class. Can we use a Mozart song in a PowerPoint presentation? Professional Development for Media and Technology 45

We just completed our video yearbook. Can we post it on YouTube? Can we post it on our website? Professional Development for Media and Technology 46

We did a podcast for teaching physical education to special education students at remote locations using pieces of copyrighted music. Is this okay to do? Professional Development for Media and Technology 47

Can we post our podcast on our website? Professional Development for Media and Technology 48

Is it okay to use pieces of copyrighted music in our podcast? Professional Development for Media and Technology 49

What Should We Do?

1.Use only course related content – don’t “stretch” it. If in doubt, don’t use a copyrighted piece without written permission. 2.Think. 3.Ask for permission. 4.Define education for your purposes… if you plan to claim “Fair Use.” Professional Development for Media and Technology 51

5.Always document usage in your lesson plan. 6.Write a regional, district, school wide, or even classroom copyright policy statement to which all users must agree. 7.Use legitimate (legal) royalty free music, images, photos, and properly licensed video. Professional Development for Media and Technology 52

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Professional Development for Media and Technology Digital Copyright Presented by: Barry S. Britt This presentation will be published online at