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Why Worry About Copyright? As a teacher, it is extremely important to understand the copyright laws in regards to any media - too include the internet.

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Presentation on theme: "Why Worry About Copyright? As a teacher, it is extremely important to understand the copyright laws in regards to any media - too include the internet."— Presentation transcript:

1 Why Worry About Copyright? As a teacher, it is extremely important to understand the copyright laws in regards to any media - too include the internet. As we grow into the 21 st century teaching skills of technology use, it is very important that we understand copy right infringements and penalties; as well as, proper modeling of these practices for our students. One affects us financially if we infringe on a copyright, the other affects us morally, as we teach proper copyright laws to our students.

2 The next slides will… Explain why we need to pay attention to copyright infringement laws Penalties What to look out for to avoid infringing on copyright laws Where to get permission to use a material

3 Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

4 Penalties for copyright infringements 3.The Court can issue an injunction to stop the infringing acts. 4.The Court can impound the illegal works. 5.The infringer can go to jail. Should someone claim that their copyright has been infringed, the court can reduce the amount of money damages if the alleged infringer can show that they understand the “fair use analysis”, and made a good faith determination that their use was fair. In the next slide we will look at what “fair usage” is; what “fair analysis”, and who this affects. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

5 “Fair Use” Means It is one of the exceptions in copyright which allows use of copyrighted materials without obtaining permission. There is a 4 factor analysis which must be applied to each use to determine whether the use is fair. It is important to understand these 4 factors and apply them diligently. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

6 Who does this apply to? Everyone There are 3 major exceptions to the copyright law that are commonly used by educators: – Fair Use – Face-to-Face Instruction – Virtual Instruction Exceptions allow for the use of a work without requesting permission from the copyright holder, and potentially paying fees. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

7 Before you feel secure…… It is the decision of the individual who is using the work as to which exception is applicable. It should be a conscious decision, not a decision by default. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

8 “Fair Use” Factor #1 Character and purpose of the work. Favors Fair UseTipping FactorFavors Permission NonprofitTeachingCommercial EducationalResearchEntertainment PersonalScholarshipFor Profit Criticism Commentary News Reporting The uses under “tipping factor” when combined with any use in the “favors fair use” column strengthen the balance of “favor of fair use”. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

9 “Fair Use” Factor #2 Looks at the creativity vs. fact Favors Fair UseFavors Permission FactsFiction PublishedUnpublished The second factor looks at the creativity of the work. Creative works have more protection than factual ones, so the more creative a work is the less likely the use will be considered fair under this factor. Fair use tends to favor published works more so than unpublished works. The rationale for this is that authors should be able to decide “when” to publish their work. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

10 “Fair Use” Factor #3 Looks at the amount of work that is being used. Favors Fair UseFavors Permission Small AmountLarge amount Amount used is not significant to workAmount used is heart of work A small amount generally weighs in favor of fair use. Whereas, a large amount favors requesting permission to use. However, there are times when the use of even a small amount of the work can be too much – if – it is considered “the heart of the work”. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

11 Favors Fair UseFavors Permission No major impactMajor impact Licensing / Permission unavailableLicensing / Permissions available Limited / Restricted access to workWork is made available to the world User / Institution owns legal copyUse is repeated or long term Please be aware that all educational use is not automatically “fair use”. The fair use analysis must be applied to each use of a work. Fair use is technology neutral, so the analysis may be used for any medium. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

12 Using Multimedia In The Classroom The traditional classroom, or face-to-face instruction, is when the instructor and the students of a NON PROFIT educational institution are in a place devoted to instruction and the teaching & learning take place at the same. In this setting all performances and displays of a work are allowed. If the use falls outside the classroom experience, then the Fair Use Analysis should be applied. Permission is required if the use is not fair use and the education exceptions do not apply. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

13 Multimedia Presentations Citations Should Always Be Made Educators and students must credit sources, giving full bibliographic information when available. Educators and students must display the copyright notice and copyright ownership information if this is shown in the original source. Copyright information for images may be shown in a separate bibliographic section unless the presentation is being used for distance learning. In this case, the information must be incorporated within the image itself (i.e. it must appear on the screen when the image is viewed ). Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

14 Printed Word All types of printed materials are allowed to be displayed or performed in the classroom provided it is for instructional and NOT entertainment purposes. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

15 And….. Text Up to 10% of a copyrighted work or 1000 words, whichever is less Poems – Entire poem if less than 250 words – 250 words or less if longer poem – No more than 5 poems (or excerpts) of different poets, from an anthology – Only 3 poems (or excerpts) per poet http://www.ncpublicschools.org/copyright 1.html

16 Here are the restrictions on printed word: 1.Distributing different chapters of the same book during each class session so that students will not have to purchase the book is not permissible. 2.Copies of workbooks or standardized test cannot be made and distributed. These are considered consumables and are meant to be purchase by each user. 3.Compiling a course pack to distribute to students is not allowed. Instructors must receive permission from copyright holders to compile a course pack. Many times there is a fee associated with the permission. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

17 Music All types of music may be performed in the classroom provided it is for instructional use – not entertainment purposes. Music Up to 10% of a copyrighted musical composition, but no more than 30 seconds Up to 10% of a body of sound recording, but no more than 30 seconds Any alterations cannot change the basic melody or the fundamental character of the work Playing a CD for background music while students are taking an exam would not be permissible under this exception. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML & http://www.ncpublicschools.org/copright1. html

18 Use of film and video Use of film and video is permitted in an educational institution so long as all of the following conditions are met: 1.The film must be shown as part of the instructional program. 2.The film must be shown by students, instructors, or guest lecturers, and can only be shown to students and educators. 3.The film must be shown either in a classroom or other school location devoted to instruction. 4.The film must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area. 5.The film shown must be a legitimate copy, with the copyright notice included. 6.Films or videos may not be used for entertainment or recreation. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

19 Use of Film and Video Up to 10% of a copyrighted work or 3 minutes, whichever is less Clip cannot be altered in any way Website Cited: http:/www.ncpublicschools.org/copyright1. html

20 Taping Something off the T.V Yes, with restrictions. Congress has created a special exception about this practice, for nonprofit educational institutions. Off-air recordings may be used by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction, during the first ten school days after the program was recorded. The recording must contain a notice of copyright. It may not be retained longer than 45 days. Website Cited: www.xavier.edu/library/help/copyright_vid eo.pdf

21 How to get permission to use an item in classroom? This can be a difficult task if you don’t know where to start to look…… From the University of Texas web site: http://copyright.lib.utexas.edu/permissn.html http://copyright.lib.utexas.edu/permissn.html The below is a copy and paste from the above web site. This web page it explains how to get international permission, music, movies, freelance, image and news archives. It has many good tid-bits of information about where to go to get permission for particular subjects. “Getting permission can be difficult, but in some cases there are steps likely to yield results. The steps will vary depending on the type of work you need to use. If the work is part of a book or a journal article, check the Copyright Clearance Center ("CCC") first. The CCC offers electronic and photocopy based transactional (case-by-case) permission services, as well as a subscription license that covers typical institutional use of works for the classroom of all the works in the license repertoire. Your library or copy center is probably already working with the CCC and should be able to help you. If the work you want to use is registered with the CCC, you can get permission instantly for most materials. If your institution subscribes to the academic license and your work is covered, you don't have to do anything -- your use is covered.”Copyright Clearance Center Website Cited: http://copyright.lib.utexas.edu/permission. html

22 Posting To My Website An owner of a website needs to consider if someone posts to his website, his/her ownership becomes more complicated, as in collaborative work, as to whom owns what. An owner has to be responsible if someone posts something inappropriate to their website because it can violate their contract with the website hosting service. Web structure can change which can affect the visibility of his/her website. The owner needs to be aware of all web updates that will affect the visibility and visits to his/her website.

23 Before getting any teaching materials Please check for proper use of any teaching materials against this backdrop of information. Hopefully this will make your classroom a “copyright correct” place. Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML

24 Websites Cited & Visited Copyright Guidelines for Use of Films and Video - Xavier University Copyright Guidelines for Use of Films and Video - Xavier University www.xavier.edu/library/help/copyright_video.pdf www.lib.purdue.edu/uco/forinstructors/fact_to_face.html http://copyright.lib.utexas.edu/permissn.html http://www.ncpublicschools.org/copyright1.html Beware, Tech Abandoners. People Without Facebook Accounts Are... Beware, Tech Abandoners. People Without Facebook Accounts Are... www.forbes.com/sites/.../beware-tech-abandoners-people-w Terms of Service | Free Website Builder - IM creator Terms of Service | Free Website Builder - IM creator imcreator.com/terms-of- What You Ought to Do If You've Been Punished by Google's... What You Ought to Do If You've Been Punished by Google's... www.quicksprout.com/.../what-you-ought-to-do-if-youve-b... www.quicksprout.com/.../what-you-ought-to-do-if-youve-b U.S. Copyright Office - Copyright in General (FAQ) U.S. Copyright Office - Copyright in General (FAQ) www.copyright.gov/help/faq/faq-general.html www.copyright.gov/help/faq/faq-general.html The seven deadly myths about Internet Copyright. The seven deadly myths about Internet Copyright. webnet77.com/webstuff/copyright.html Http://www.copyright.com http://www.templetons.com/brad/copyrightmyths.html Website Cited: www.lib.purdue.edu/uco/ForInstructors/fac e_to_face.HTML


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