Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 8 How Does Copyright Law Affect Me?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Key Concepts How Does Copyright Law Affect Me? Introduction to Copyright Law Materials Covered by Copyright Fair Use Copyright Violation

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 8 How Does Copyright Law Affect Me? Essential Question In what ways does the copyright law affect educators?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Key Terms Common-law copyright Federal copyright law Work for hire Joint work Reasonable effort Independent contractor Doctrine of Fair Use Abrogate

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation The Williams Case

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved History of Copyright Law Copyright Law – gives the author the right to establish ownership of a creative work and to prevent anyone else from copying it or using it in any other way without the author’s permission 1790 US Constitution 1976 Copyright Act 1978 Federal Legislature on Copyright 2002 TEACH Act Introductio n to Copyright Law

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Intellectual products before publication Drawings Writings Photographs Musical scores Grant proposals through a university to the government are not covered. Copyright is needed to protect material. Materials Covered by Copyright

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Obtaining Copyright Copyright Acts of 1976 includes the following: 1.Symbol © or the words “copyright” or Copr 2.The year of first publication of the work 3.The name of the owner of the copyright 1988 – Berne Convention Implementation Act discusses affixing the notice Register the copyright and deposit two copies of the work along with a nominal fee with the copyright office within three months

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Copyright Guidelines The right of first publication under common law exists indefinitely Copyrights last until 50 years Owner of copyright can transfer this right to someone else If two or more authors collaborate, they both own the right to the entire work

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Internet Copyright Law The 2001 Ninth Circuit court granted an injunctive relief against Napster Corporation requiring the corporation to ensure copyrighted music was no longer being distributed using its program. Enforcement of copyrights on the internet requires service providers to post copyright material and may reveal the identity of a user who posts material which infringes a copyright.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Courts consider the following criteria: 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purpose; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; 4.the effect of the use upon the potential market for value of the copyrighted work. Fair Use

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Teachers and Fair Use Guidelines include the following: 1.Make single copy of the copyrighted works for their own use in scholarly research or classroom preparation (ex. chapter, article, short story etc.) 2.Make multiple copies for use in classroom; providing that the copying meets certain tests of brevity, spontaneity, and cumulative effect. 3.Verify site licenses from software companies There are exceptions to the “fair use” for libraries that follow standards.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Copyright Use for Computer Software 1980 Federal Law – computer software is eligible for copyright Teachers who load a purchased copyrighted program onto a classroom terminal or make a backup copy of a program are not infringing on copyright. Teachers who make copies of software for students are infringing on copyright. In 1992, the U. S. Departments of Justice and Education issued a report calling on schools to expand their teaching of the ethical use of computers.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Fair Use To Videotape For Educational Purposes Federal allows only libraries or archives to tape an audiovisual news program In 1979, the House Judiciary Committee developed appropriate guidelines. In 1984, U.S. Supreme Court established a standard for fair use in videotaping.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Fair Use Videotape TV Programs for Educational Purposes Guidelines provide that nonprofit educational institutions may videotape copyrighted material to the general public but may keep tape for only 45 days. Private home-use “time shifting” permissible

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Fair Use: Course Packets - Excerpts Basic Books Inc. v. Kinko’s Graphics (1991) Four factors considered: -Repackaging – adding nothing to original -Copyrighted works were factual -Amount and substantiality of portion used -Market effect Educational copying under classroom guidelines Written permission from copyright owner

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Penalties for violating copyright: Court may issue injunction or may impound all copies claimed to be in violation. Copyright owner may collect monetary awards. Criminal sanctions may be levied if the violation was proven willful and for purposes of commercial or private gain. Copyright Violation

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved The TEACH Act (2002) 1.Expanded range of allowed works 2.Expansion of receiving locations, outside of the classroom 3.Storage of transmitted content 4.Digitizing analog works

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Analysis of Analysis of The Williams Case

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION InterrogatoriesDepositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 8 How Does Copyright Law Affect Me? Based upon the copyright law, how will you address potential copyright violations in your school setting?