Copyright If I ignore it, why does it matter?

What is copyright? “The statutory privilege extended to creators of works that are fixed in a tangible medium of expression.” (Bruwelheide, 1995)

Why be concerned with copyright compliance? n Respect intellectual rights of creators of information n Reward creativity of authors, artists, musicians, etc. n Legal mandate n Model proper behavior for students, teachers, and other members of educational community

SC ELA Academic Standards 6.The student will access and use information from a variety of sources Create a list of sources that contains information (including author, title, and full publication details) necessary to properly credit and document the work of others. Same indicator through 8 th grade.

SC ELA Academic Standards 6.The student will access and use information from a variety of sources. E1-6.3 Use a standardized system of documentation (including a list of sources with full publication information and the use of in-text citations) to properly credit the work of others. Same indicator through 12 th grade.

Standards for the 21 st Century Learner 1.Inquire, think critically, and gain knowledge Respect copyright/intellectual property rights of creators and producers Follow ethical and legal guidelines in gathering and using information Use information technology responsibly. Standards for the 21 st -Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at

Standards for the 21 st Century Learner 3.Share knowledge and participate ethically and productively as members of our democratic society Use information and technology ethically and responsibly. Standards for the 21 st -Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at

Standards for the 21 st Century Learner 4. Pursue personal and aesthetic growth Practice safe and ethical behaviors in personal electronic communication and interaction. Standards for the 21 st -Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at

NETS for Students 5.Digital Citizenship Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior. Students: a. a. Advocate and practice safe, legal, and responsible use of information and technology. b. b. Exhibit a positive attitude toward using technology that supports collaboration, learning, and productivity. National Educational Technology Standards for Students: The Next Generation.. (2007) Washington, D.C.: International Society for Technology in Education. Available online at

NETS for Students 5.Digital Citizenship Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior. Students: c. c. Demonstrate personal responsibility for lifelong learning. d. d. Exhibit leadership for digital citizenship. National Educational Technology Standards for Students: The Next Generation.. (2007) Washington, D.C.: International Society for Technology in Education. Available online at

Penalties and Liabilities

Fines n Up to $250,000 per infringement n Software infringement - considered a felony

Who’s Liable? n Classroom Teachers n Library Media Specialists n Principals n Curriculum Coordinators n Superintendents n Boards of Education

Indirect Liability Contributory Contributory (Library Media Specialists) –Checked out equipment –Checked out resources Vicarious Vicarious (Library Media Specialists, Administrators, Others) –Knew of infringement but did not report it

“…but I didn’t know!” Called “Innocent Infringement” Called “Innocent Infringement” Occurs when infringer was unaware that material was copyrighted Occurs when infringer was unaware that material was copyrighted No excuse if work properly displays copyright © notice No excuse if work properly displays copyright © notice Since 1976 all works considered copyright protected Since 1976 all works considered copyright protected

Fair Use n Applies to all types of media n To give certain users conditional permission to use copyrighted materials if certain criteria are met

Fair Use n Education Exemption - but… n Not free license to copy anything you want n Cannot copy in place of purchasing n Cannot copy in anticipation of a request n Allows for spontaneity of use

Fair Use n Does not allow use of commercial videos for re-enforcement, entertainment, or reward without paying public performance rights fees in advance

SPECIFIC MEDIA Print Resources

For research, teaching, or lesson preparation a teacher may copy...

n One chapter from a book n One article from periodical or newspaper n Short story, short essay, short poem n Chart, graph, diagram, drawing, cartoon, or picture from book, periodical, or newspaper

A teacher may not...

n Copy “to create or to replace or to substitute for anthologies, compilations, or collective works.” n Copy from consumable products n Copy to substitute for purchasing resources n Copy at direction of superior, i.e. principal n Copy same item each semester

A teacher may make multiple copies for classroom use if...

n only one copy of each item per student is made (classroom set) n each item copied is for classroom discussion n each copy includes a notice of copyright n each item meets the three tests for copying...

Three tests for copying n Brevity n Spontaneity n Cumulative effect

SPECIFIC MEDIA Videotapes/Movies

Commercial videos (movies) n Cannot be used for reward or entertainment n Free Friday n During testing n Rainy-day Recess n Field Day

Commercial videos (movies) n Must be used as part of face-to-face instruction n Must be documented in lesson plans, showing how the video supports goals and objectives of lesson plan n Must be a true and legal copy

Commercial videos (movies) n Can be rented from video rental store or public library n Borrowed from a student n Owned by the classroom teacher n Purchased by the school

But...

n Must be used as part of face-to- face instruction n Must be documented in lesson plans n Must support goals and objectives of lesson plan n Must be a true and legal copy

Fair Use of Recorded Television Programming

n n “Off-air” recording refers to programs received with antenna n n Ten-day Fair Use Guidelines apply n n Recording may be used once as part of teaching activities n n All premium channels (received with cable or satellite) are restricted – no recording rights

n n Recording must be shown during first 10 school days after recording is made. Tape may be retained for 45 calendar days. n n After the 45-day retention period, the recording must be erased. n n Recording may be made only at request of and used by individual teachers.

n n Recording may not be made in anticipation of a request by individual teachers n n Recording must include copyright notice on the broadcast program as recorded

Good Rule of Thumb n Consider any program on regular networks, e.g. ABC, CBS, NBC to be restricted clearance – no taping rights n Encourage use of Cable-in-the- Classroom, ITV programming, or StreamlineSC

Three things to consider when using videos for instruction

n Consider the educational value of any video n Preview all videos before use n Videos should not be used as crowd-control devices

OTHER MEDIA Computer Software Internet Other Technologies

Computer software n Single User n Lab packs n Network license n Site license

Don’t copy that floppy, CD-ROM, DVD!Don’t copy that floppy, CD-ROM, DVD! Don’t install single- user license on more than one workstationDon’t install single- user license on more than one workstation Remember!

Multimedia Projects

Multiple Copyrights Involved n Moving Images: Video, DVD n Still Images: Graphics, Scanned images, Photos, Other Pictures n Music: Tapes, CDs, MP3s n Computer Software n Internet

Student Use n Students may use copyrighted works in multimedia projects. n Students may perform and display multimedia projects for academic assignments. n Students may include their multimedia projects in electronic portfolios for assessment purposes. n STUDENTS MUST DOCUMENT WORKS USED!!!!

n Faculty may incorporate copyrighted works into multimedia creations to create curriculum materials. n Faculty may demonstrate multimedia creations at professional conferences and retain for professional portfolios. n Time limit on fair use is 2 years from completion of work. Teacher Use

Best Solution n Invest in clip art, music, video clips created especially for multimedia projects because they are copyright free. n Use royalty-free images, music, etc., available on Web

Using Internet Materials

n Unless specifically stated, everything is copyright protected n Fair Use guidelines apply n May not take print, images, etc., from Internet sites and re-post on Internet site n May post on a protected school/district intranet n May include links to other sites under “implied public access”

How much can I copy and use?

n Motion images - up to 10% or 3 minutes - whichever is less n Text - up to 10% or 1000 words - whichever is less n Music - up to 10% or 30 seconds, whichever is less

n Photos and images - up to 5 works from one author; up to 10% or 15 works, whichever is less, from a collection n Database information - up to 10% or 2500 fields or cell entries, whichever is less

Managing Copyright

n The Library Media Specialist is not the "copyright police"! n The Principal is ultimately responsible for copyright compliance in the school. n The Principal should facilitate establishing a copyright policy for the school. n The library media specialist is there to offer assistance to faculty/staff to facilitate copyright compliance. n An annual copyright in-service should be conducted for faculty/staff.

n Everyone should notify principal of known infractions n Can't know everything - But… n Can show that you are complying to the best of your ability n Redundant communication

Copyright Notice

A Closing Thought Strange how much you’ve got to know before you know how little you know! -Duncan Stuart