1. Top Ten Copyright Myths
Vickie McCarthy
Region IV Education Service Center
2/4/2019
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2. Why Has Copyright become an Issue?
Due to the ease of copying graphics, images, text and video from the Internet, there has been a heightened concern about copyright violation.
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What is Copyright?
Copyright Guarantees for the Creator of a Work the Rights to:
Copy
Reproduce
Distribute or sell
Perform and display publicly
Prepare new works based on the protected work
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What is Copyrighted?
Literary works
Musical works, including words
Dramatic works, including music
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Motion pictures and audiovisual works
Sound recordings
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5. What Cannot be Protected by Copyright?
Works, ideas, and facts are in public domain.
Words, names, slogans, or other short phrases also cannot be copyrighted. However, slogans, for example, can be protected by trademark law.
Blank forms.
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6. “It’s For An Educational Purpose”
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Fair Use
Allows you to use material for :
criticism
comment
news reporting
teaching
scholarship
research
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Four Fair Use Factors
Purpose and Character of the Use
Nonprofit or Educational Purposes
The Nature of the Copyrighted Work
Factual or Artistic
The Amount That Is Used
Less is More! Adhere to Guidelines
The Effect of the Use on the Potential Market
Are you preventing the creator from profiting financially?
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9. What are the Rules for Fair Use for Instructors?
Copying by teachers must meet the tests of brevity and spontaneity:
Brevity refers to how much of the work you can copy.
Spontaneity refers to how many times you can copy.
One Semester Rule
You are expected to request permission as soon as possible.
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What Can Be Copied?
A chapter from a book (never the entire book).
An article from a periodical or newspaper.
A short story, essay, or poem. One work is the norm whether it comes from an individual work or an anthology.
A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.
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What Should Be Avoided?
Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals.
Copying the same works from semester to semester.
Copying the same material for several different courses at the same or different institutions.
Copying more than nine separate times in a single semester.
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12. “I got if from the Internet”
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Internet Copyright
You cannot print web pages, photos, or other information from the internet without permission from the source
These are considered literary works under the copyright law
The Internet IS NOT the public domain. There are both uncopyrighted and copyrighted materials available. Assume a work is copyrighted.
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Tips for the Internet
Always credit the source of your information
Find out if the author of a work (e.g., video, audio, graphic, icon) provides information on how to use his or her work. If explicit guidelines exist, follow them.
Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received.
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“I’m not selling it”
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You may not be making any profit-but are you preventing someone else from Making a profit!
It's still a violation if you give it away -- and there can still be heavy damages if you hurt the commercial value of the property.
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17. “I just used half of the song”
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Fair Use Guidelines
Music, Lyrics, and Music Video:
Up to 10 Percent of the Work but No More Than 30 Seconds of the Music or Lyrics From an Individual Musical Work.
Illustrations or Photographs:
No More Than Five Images From One Artist or Photographer.
No More Than 10% or 15 Images, Whichever Is Less, From a Collection.
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Fair Use Guidelines
Text material:
Up to 10 percent of the total or 1,000 words, whichever is less.
3 poem limit per poet, 5 poem limit by different poets from an anthology.
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Fair Use Guidelines
Numerical data sets:
up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table.
Copying of a multimedia project:
no more than two copies may be made of a project.
Motion media:
Up to 10 percent of the total or three minutes, whichever is less.
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21. “It doesn’t have the little ©”
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In the United States, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.
You should assume for other people's works is that they are copyrighted and may not be copied unless you know otherwise.
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“Who’s gonna know?"
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Basic Books, Inc. v. Kinko’s Graphics Corporation United States District Court for the Southern District of New York March 28, 1991
Encyclopaedia Britannica v. Crooks United States District Court for the Western District of New York March 10, 1983
School Districts in Texas
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“I cited the source”
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Nowhere in copyright law does it say that if you give credit to the author you are not in violation of the law. The only exception is if you have a licensing agreement with an author, publication, or company.
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27. When Should You Get Permission?
When you intend to use the project for commercial or noneducational purposes.
When you plan to distribute the project beyond the scope of the guidelines.
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28. “I just made a couple of copies"
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29. Guidelines covering the area of making copies for students in class.
Under these guidelines, a teacher may make a single photocopy of a chapter of a book, an article from a magazine, journal or newspaper, a short story, short essay, or a short poem. The teacher may also make a copy of a picture, chart or graph from any of the aforementioned materials.
Multiple copies of short works and excerpts must meet strict standards of brevity, cumulative and spontaneity.
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30. “But the Author’s Dead?”
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31. The duration of United States copyright is:
The Sonny Bono Copyright Term Extension Act signed in 1998 extends the protection of copyrighted work by 20 years.
Works are now protected for the life of the author plus 70 years (previously 50)
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32. “What about my Distance Ed. Class?”
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Distance Education
Information must be…
Regular part of systemic instructional activity by a non-profit institution or governmental body.
Must be directly related to instruction and of material assistance to the content.
Primarily for reception to participants with disabilities or special circumstances that prevent attendance in the classroom.**(being redefined by technological differences -i.e. graduate courses)
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34. Limitations in DE transmission
Transmission of entire copyrighted work or a large portion can be transmitted only once for a distance learning course. Subsequent performances, displays or access, permission must be obtained.
Receiving institutions may record or copy the performance and retain the copy for 15 days for students enrolled in the course only.
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Permission Required
Commercial Uses
Dissemination of recorded courses
Uncontrolled access to the class
Use beyond 15-day limitation
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Internet Resources
Copyright Implementation Manuel
Stanford University Fair Use
Tell It To The Judge Copyright Quiz
The Copyright Website
Managing Copyright in Schools
10 Copyright Myths
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Internet Resources
Copyright and Fair Use in the Classroom
Crash Course in Copyright
Citing Electronic Sources
Copyright in a Digital World
Copyright Facts
Copyright Permission Letters
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Summary
Best practice is to get permission from the source for everything you use!
Always keep records of permission agreements.
Give credit where credit is due!
Adhere to the 4 Fair Use Factors and Guidelines
Only the Courts can determine Fair Use
Copyright violation is a Civil violation not Criminal!
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Power Point Resources
This presentation contained graphics from Microsoft Clip Art Gallery (Copyright, 2000, Microsoft Corp.) Exempted under the Fair Use to US Copyright laws.
Facts reproduced under the Fair Use Copyright Act from the following web site:
United States Copyright Office Library of Congress (200, Jan. 10). Copyright Basics. Available online at:
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