Department of Professional & Staff Development Career Tech and Special Education Digital Copyright – Media Permissions for 21 st Century Citizenship Presented by: Barry S. Britt This presentation will be published online at

2 Soundz Professional & Staff Development and Career Tech for students In this digital day and age, the bigger concern is now branding, privacy, safety and security in addition to copyright.

“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” Soundz Professional & Staff Development and Career Tech for students 3

4 Professional Development for Media and Technology

DON’T DOWNLOAD THIS SONG!! Professional Development for Media and Technology 5

6 ? Legally Purchased Illegal

7 Professional Development for Media and Technology

8

9

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! Professional Development for Media and Technology 10

Professional Development for Media and Technology 11

12 Professional Development for Media and Technology

13

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.

COPYRIGHT CASE (CONT.) 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 17

June 17, Professional Development for Media and Technology

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 19

“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 20

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 21

Section 1.1 “…uses that exceed these guidelines may or may not be fair use.” Professional Development for Media and Technology 22 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 23 FAIR USE GUIDELINES Section 6.2 Attribution & Acknowledgement

Section 6.7 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 24 FAIR USE GUIDELINES

EDUCATIONAL USE 1997 Fair Use Guidelines for Educational Multimedia Professional Development for Media and Technology 25

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 26

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 27 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 28 FAIR USE GUIDELINES

29 Professional Development for Media and Technology

30 Professional Development for Media and Technology

31

32 Professional Development for Media and Technology

33 Ethics Ownership Workforce Economy Legal L. E. O.

What Should We Do?

1.Use licensed products approved for K-12 2.Ask for permission 3.Know the requirements to qualify as Fair Use - USE FOR DIRECT TEACHING. 4.Always document usage in your lesson plan. 5.Write a regional, district, school wide, or even classroom copyright policy statement to which all users must agree. Professional Development for Media and Technology 35

Professional Development for Media and Technology 36

1.Use legitimate (legal) royalty free music, images, photos, and properly licensed video 2.Questions, Answers, Discussions regarding digital copyright, ethics and media permissions at our blog 3.Free news, audio and articles cleared for you distribution to teachers, parents and students 4.Streaming instruction Professional Development for Media and Technology 37

Department of Professional & Staff Development Career Tech and Special Education Digital Copyright – Media Permissions for 21 st Century Citizenship Presented by: Barry S. Britt Soundzabound will not be responsible for any action or failure to act in reliance upon this information. As legal advice must be tailored to the specific circumstances of each case, and as laws are constantly changing (and may vary from state to state), nothing provided herein should be used as a substitute for the advice of competent legal counsel licensed in your state. The information provided is made available with the understanding the neither Soundzabound nor any of its representatives are engaging in the rendering of legal advice or the practice of law. If legal advice or other expert assistance is required, please consult a professional.