The Quest for Copyright Understanding Miguel Guhlin

Disclaimer Certain materials in this presentation are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use. Much of the information comes from the web sites on the following slide:

Sources for Information in this Presentation Education World U.S. Copyright Code Fair Use Guidelines for Multimedia

All ideas are stolen, modified to look like they’re not stolen, and shared among thieves. With the fair use guidelines in mind, consider this:

Key Questions What is meant by the terms “copyright” and “fair use?” What does copyright law say about including copyrighted multimedia in educator and student products? How and where do you get permission to use copyrighted materials? What is the best way to limit district liability in regards to copyright violations? What is YOUR district’s response to these questions?

What is “copyright?” Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works. Copyright protection subsists from the time the work is created in fixed form; that is, it is an incident of the process of authorship. The copyright in the work of authorship immediately becomes the property of the author who created it. Only the author or those deriving their rights through the author can rightfully claim copyright.

Copyright Author Rights To reproduce the copyrighted work in copies or phonorecords; To prepare derivative works based upon the copyrighted work; To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

Copyright: Work for Hire In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright statute defines a "work made for hire.” Work for hire include the following: a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

What is Protected (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. These categories should be viewed quite broadly: for example, computer programs and most "compilations" are registrable as "literary works;" maps and architectural plans are registrable as "pictorial, graphic, and sculptural works."

What is Fair Use? The fair use doctrine provides a limited basis by which people can use a copyrighted work without getting permission from the creator. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. the nature of the copyrighted work. the amount and substantiality of the portion used in relation to the copyrighted work as a whole. the effect of the use upon the potential market for or value of the copyrighted work.

Educator Fair Use for Multimedia If you, as an educator, create educational multimedia projects containing original and copyrighted materials, those materials may be used for face-to-face student instruction, directed student self-study, presentation at peer workshops and conferences. as well as personal uses as tenure review or job interviews. Real-time remote instruction, review, or directed self-study for students enrolled in curriculum-based courses, provided there are no technological limitations on access to the multimedia project and that the technology prevents copying of the copyrighted material. Teaching courses for a period of up to two years after the first instructional use.

Student Fair Use for Multimedia If your students create educational multimedia projects containing original and copyrighted materials, those materials may be used for Students must use their projects for educational uses in the course for which they were created. Students may use their projects as portfolios as examples of their academic work and such personal uses as job and graduate school interviews. Students must credit the sources, display the copyright notice, and provide copyright ownership information. (The credit identifies the source of the work, including the 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.)

Student Fair Use for Multimedia If your students create educational multimedia projects containing original and copyrighted materials, student(s)’s Must state on the opening screen and on any accompanying print material a notice that certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use. Projects cannot be replicated or distributed for any purpose other than those listed in the guidelines without obtaining permission from all copyright owners.

Getting Permission You can get sample permission letters from the site below: Go to the Copyright Clearance Center: The United State Copyright Office

Limiting District Liability Establish a process to ensure that all materials on the district Web site are closely evaluated. Provide professional development for teachers and instruction to students about defamation, invasion of privacy, harassment, and copyright law. Include an immunity provision in the policy. Take prompt action if accusations are made. Be prepared to stand up for staff or students if false accusations are made.

How does YOUR district address copyright policy? Clearly written, easy to understand policy. Confusing legal mumbo-jumbo No policy at all.