Copyright Laws in the Classroom Britany Howell The University of West Alabama LM 563

What is Copyright? A copyright is a property right attached to an original work of art or literature. Copyright grants the author or creator of work exclusive rights to reproduce, adapt, perform, or display the protected work. Other parties unrelated to this work may not copy or alter the work unless granted permission by the author.

How does a work qualify for copyright protection? The work must be: Original Creative to a minimal degree In a fixed or tangible form of expression

Who can claim Copyright? A work prepared by an employee within the scope of his or her employment A work specially ordered or commissioned for use, such as: Contribution to a collective work Part of motion picture Translation Supplementary work Instructional text Test Answer material for test Atlas

The Seven Categories Literary Works both fiction and nonfiction, including books, periodicals, manuscripts, computer programs, manuals, phonorecords, film, audiotapes, and computer disks Musical Works Includes songs, operas, and musical plays Dramatic Works Includes music, plays, and dramatic readings Pantomined & Choreographed Works Pictorial, Graphics, & Sculptural Works final and applied arts, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models Motion pictures & Audiovisual Works slide/tape, multimedia presentations, filmstrips, films, and videos Sound Recordings tapes, cassettes, and computer disks

When can copyrighted materials be used? Public domain – when a work belongs to the public as a whole Examples: Governmental documents Works with an expired copyright or no existing copyright Works published over 75 years ago Permission – Prior approval by the copyright owner for proposed use Legal Exception – Example: Parody Fair Use – use for educational purposes with certain restrictions

Fair Use Fair use allows limited use of copyrighted material without requiring permission from the rights holders It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work Fair use allows use of copyrighted materials for educational purposes including criticism, comment, news reporting, teaching, scholarship, and research

Four Standards for Determination of Fair Use exemption Purpose of Use Using selected parts of copyrighted works for educational purposes qualifies for fair use ** Spontaneous and temporary use are preferable Nature of the Work Fair use applies to copying paragraphs from a copyrighted work ** Copying a whole paragraph, however, may be questionable Proportion/Extent of Material Used Duplication of excerpts that are short in relation to the entire copyrighted work that do not reflect the "essence" of the work is usually considered fair use Effect of Marketability Fair use usually applies to works where no reduction in sales is likely to occur because of copying and distribution

Fair Use for Teachers Work or material to be used Fair Use Guidelines Illegal Use (without permission from author or creator) Book Chapter Single copy for teacher for research, teaching, or class preparation Multiple copies (one per student) Copyright notice and attribution required Multiple copies used again and again Multiple copies to create anthology Multiple copies to avoid purchase of textbook or consumable materials

Fair Use for Teachers Work or material to be used Fair Use Guidelines Illegal Use (without permission from author or creator) Article from newspaper or magazine Single copy for teacher for research, teaching, or class preparation Multiple copies (one per student) Copyright notice and attribution required Multiple copies used again and again Multiple copies to create anthology Multiple copies to avoid purchase of textbook or consumable materials

Fair Use for Teachers Work or material to be used Fair Use Guidelines Illegal Use (without permission from author or creator) Prose Short Story Short essay Web article Multiple copies of complete work less than 2,500 words Excerpts either 10% of work or 1,000 words – whichever is less Words 2,500 – 4,999 words: 500 words may be copied Multiple copies used again and again Multiple copies to create anthology Multiple copies to avoid purchase of textbook or consumable materials

Fair Use for Teachers Work or material to be used Fair Use Guidelines Illegal Use (without permission from author or creator) Poem Single copy for teacher for research, teaching, or class preparation Multiple copies (one per student) Copyright notice and attribution required Multiple copies up to 250 words – no more than 2 printed pages Multiple copies up to 250 words for longer poems Multiple copies used again and again Multiple copies to create anthology Multiple copies to avoid purchase of textbook or consumable materials

Fair Use for Teachers Work or material to be used Fair Use Guidelines Illegal Use (without permission from author or creator) Artwork or Graphic Image Single copy for teacher for research, teaching, or class preparation Multiple copies (one per student) Copyright notice and attribution required No more than 5 images of one artist No more than 10% or 15% of images from published collective work Multiple copies used again and again Multiple copies to create anthology Multiple copies to avoid purchase of textbook or consumable materials

Fair Use for Teachers Work or material to be used Fair Use Guidelines Illegal Use (without permission from author or creator) Motion Media Single copy of up to 3 minutes or 10% of the whole – whichever is less Multiple copies prohibited Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited

Fair Use for Teachers Work or material to be used Fair Use Guidelines Illegal Use (without permission from author or creator) Music Single copy of up to 10% of a musical composition in print, sound, or multimedia format Multiple copies prohibited Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited

Fair Use for Teachers Work or material to be used Fair Use Guidelines Illegal Use (without permission from author or creator) Broadcast Programs Single copy of off-air broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date Use by only individual teachers Copyright notice required Multiple copies prohibited Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited May not be done at the direction of superior May not be altered

Consequences for not following copyright laws Penalties for violation of copyright are harsh. Fines can run up to $100,000 for deliberate or willful infringement. Many school districts have policies relating to reproduction of copyrighted materials. Disregard for these policies could mean that the employee charged with copyright violation would not be legally supported by their employer/district.

Professional Responsibility One rule of thumb: KNOW what may be copied and when it may be copied for educational use. Educators sometimes innocently copy materials illegally without license. This act is, in fact, STEALING.

References Copyright Office Basics. (n.d.). Retrieved February 2, 2008, from Copyright and Fair Use Defined. (n.d.). Retrieved February 2, 2008, from The University of West Alabama website: Wikipedia. (n.d.). Retrieved February 2, 2008, from Fair Use. (n.d.). Retrieved February 2, 2008, from Overview/chapter9/index.html Overview/chapter9/index.html