1. Copyright and Fair Use

2. Copyright  Protects the creators from the unauthorized use of their works, to encourage creativity and innovation in society, which fosters cultural growth.  If a work is copyrighted, how can educators and students use it for education?

3. 1. Permission or contract in place  The most clear cut way to avoid copyright infringement is to get permission from the copyright holders.  In some cases, our district has contracts with various groups that allow us to use copyright protected materials.  Text books, District approved video list (which has been replaced by Safari Montage), Pioneer library, UEN etc.

4. HOWEVER,  A contract does not allow for unrestricted use.  For instance, online textbooks and other online materials:  You cannot publish a link that allows for open access.  Must be password protected.  Cannot publish the password online (Pioneer Online).  If you link it on your website, you must attribute it to the creator of the resource.

5. 2. Fair Use  Section 107 of the copyright law provides limitations on a copyright owner’s ability to restrict reproduction or use of his/her work.  Under the protection of Fair Use, teachers and students are able to use other people’s works for the purpose of education.  Note: the Fair Use clause doesn’t offer you complete protection from legal action.

6. Factors on determining Fair Use:  1. Did the unlicensed use “transform” the material taken from the copyrighted work?  Or is the intent the same as in the original? (For example, used for entertainment).  2. Was the material taken appropriate in kind and amount? (e.g. passages vs the entire book)  3. Does the use affect the market value of the work?  4. The nature of the Copyrighted work.

7. District on Videos  Is your video on the approved district list (now Safari Montage)?  If not, has it been approved by the school?  Videos not on list must be submitted to a school level review process10 days prior to viewing.  Criteria  Is it for educational purposes? Is the content appropriate? Movie’s place of production? What is the benefit of it for the class? What is the interest of the teacher, student, community in watching the video?  Anything above a G, TV-Y or TV-G rating needs parental approval. Notification must be given 5 days prior to showing (can be in the disclosure). No R or NC-17, TV-M allowed.

8. What about the students?  Students are also subject to copyright and fair use.  Cultural changes:  Internet has made the idea of intellectual property murky.  Students see information as something to be shared and don’t see ownership as an issue.  They often use video clips, images, and text without any regard for copyright.  It is very important to teach them about the ethical use of resources in this environment.

9. Best Practices  Cite any material being used that you did not create yourself.  Attribution doesn’t equal permission!  When using copyrighted materials use an appropriately sized portions that specifically deal with the lesson or presentation.  Explain how the materials meet your lesson objectives in your lesson plan.  Have students annotate their bibliographies.  Publish outside materials (e.g. videos) that will be used in class in your disclosure.  Face to face teaching. The video or material in question should not do all of the teaching.  Password protect online access to materials that are under contract (e.g. online textbooks).  Don’t publish passwords to online resources, with whom we have a contract (e.g. Pioneer Library).  When you link to an external video or website on your webpage, make sure that there are no copyright restrictions or violations.  Also, note the source on your link.