Audiovisual Materials Audiovisual Materials and Copyrightand Copyright

““The Ghost of Christmas The Ghost of Christmas Past!”Past!”

Todd says its OK to use. © 2007

Does copyright mean anything in Does copyright mean anything in today’s YouTube sharing culture?today’s YouTube sharing culture?

How you look at How you look at copyright depends copyright depends on the definition of on the definition of “fair use.”“fair use.”

Here’s what Here’s what today’s culture today’s culture see’s as OK use of see’s as OK use of materials.materials.

The Cardinal RuleThe Cardinal Rule ““As long as the direct teach piece is included, As long as the direct teach piece is included,

teachers are fairly free to use video…within teachers are fairly free to use video…within the classrooms” – Simpson, 2005the classrooms” – Simpson, 2005

However, what about those rainy day However, what about those rainy day scenarios: its snowing, the bus trip is long, scenarios: its snowing, the bus trip is long, the science club wants to watch LOTR after the science club wants to watch LOTR after school, “God, I just need them to keep quiet school, “God, I just need them to keep quiet while until my aspirin sets in…”while until my aspirin sets in…”

““Enrichment, reward, and relaxation are Enrichment, reward, and relaxation are (not) the (requirements) that Congress (not) the (requirements) that Congress elected to support through exemption from elected to support through exemption from the requirements of copyright law.” – the requirements of copyright law.” – Simpson, 2005Simpson, 2005

Public showings of private things:Public showings of private things:

A school is NOT A school is NOT anyone’s home, so it anyone’s home, so it is a PUBLIC locationis a PUBLIC location

Public performance Public performance rights apply in your rights apply in your school.school.

One of three One of three exemptions need to exemptions need to occur for public occur for public performance of performance of private, home private, home viewing material:viewing material:

1. Permission from 1. Permission from the owner to show the owner to show itit

2. A movie rights 2. A movie rights license to license to broadcastbroadcast

3. payment of $$$$ 3. payment of $$$$ to the copyright to the copyright ownerowner

Educational exemption, or Educational exemption, or distributor permission?distributor permission?

Teacher’s Video Company gives video Teacher’s Video Company gives video usage permission of their products usage permission of their products under the following conditions:under the following conditions: An instructor is present during the showingAn instructor is present during the showing The videotapes are in the context of “face-The videotapes are in the context of “face-

to-face” instruction in a classroomto-face” instruction in a classroom No admission fee is chargedNo admission fee is charged The tapes are not duplicates (Legally The tapes are not duplicates (Legally

Acquired)Acquired) Videos are allowed on closed-circuit within Videos are allowed on closed-circuit within

one building only.one building only.

SOUND FAMILIAR????SOUND FAMILIAR????

Rights - Another company speaks:Rights - Another company speaks:

A&E and the History Channel have a A&E and the History Channel have a “Classroom” broadcast Monday- Friday.“Classroom” broadcast Monday- Friday. ““Programs aired as part of our Classroom block Programs aired as part of our Classroom block

my be videotaped and used in the classroom for my be videotaped and used in the classroom for up to two years from airdate.”up to two years from airdate.”

““The exact length of time (a program) may be The exact length of time (a program) may be retained appears on-air at the beginning of each retained appears on-air at the beginning of each program.”program.”

““No other programs telecast should be No other programs telecast should be videotaped for classroom use without express videotaped for classroom use without express authorization.”authorization.”

A&E “Using Video in Your Classroom,” 2004A&E “Using Video in Your Classroom,” 2004

Also keep in mind…Also keep in mind…

IEPs do NOT negate copyright IEPs do NOT negate copyright rules rules

Cartoons for reward are Cartoons for reward are specifically prohibited, no specifically prohibited, no matter what the lesson plan matter what the lesson plan happens to have in it. See happens to have in it. See “Disney™ © ® ” at the end of “Disney™ © ® ” at the end of this presentation.this presentation.

Five questions to ask to check if Five questions to ask to check if you are safe (all 5 MUST be met)you are safe (all 5 MUST be met)

1. Are you a non-profit institution? A 1. Are you a non-profit institution? A school is, but if the school club that is school is, but if the school club that is showing the Oscar Awards is charging…showing the Oscar Awards is charging…well, they are then “For Profit.”well, they are then “For Profit.”

2. Is it in a classroom or similar setting? A 2. Is it in a classroom or similar setting? A bus, the rock outside the local teen bus, the rock outside the local teen center, etc is not “a similar place.”center, etc is not “a similar place.”

3. Members of the class only! Its an 3. Members of the class only! Its an exclusive club, so all others need to be exclusive club, so all others need to be out! out!

Five questions to askFive questions to ask

4. Is it a legal copy (not pirated). A rental from a 4. Is it a legal copy (not pirated). A rental from a video store is OK to use, so long as all these video store is OK to use, so long as all these five questions are answered “YES.”five questions are answered “YES.”

5. Is it face-to-face instruction? The key word is 5. Is it face-to-face instruction? The key word is face-to-face, oh, and instruction! Does it relate face-to-face, oh, and instruction! Does it relate to the lesson being taught now? A future to the lesson being taught now? A future lesson, or review, does not count either.lesson, or review, does not count either.

““A good rule of thumb is to ask is this an A good rule of thumb is to ask is this an integral part of what I am teaching right now?” integral part of what I am teaching right now?” – Simpson, 2005– Simpson, 2005

Is there some other appropriate media to use? Is there some other appropriate media to use? MediaNet or other school-sponsored streaming MediaNet or other school-sponsored streaming videos may be the answer!videos may be the answer!

The Dreaded “Home Use Only”The Dreaded “Home Use Only”

Almost all videos have this on the Almost all videos have this on the cover somewhere, but this does not cover somewhere, but this does not mean you cannot use it if it meets mean you cannot use it if it meets the five questions shown previously.the five questions shown previously.

All the “Home Use” does is that it All the “Home Use” does is that it reminds someone that when you reminds someone that when you purchase the tape that it has no purchase the tape that it has no public performance rights attached public performance rights attached to that copy.to that copy.

Catch Me if you CanCatch Me if you Can

You keep telling that teacher, or that You keep telling that teacher, or that administrator, that what they are showing is administrator, that what they are showing is not legal, but they ignore you. What should not legal, but they ignore you. What should you do next?you do next? Disable their access to the Internet?Disable their access to the Internet? Hide the Xerox paper?Hide the Xerox paper? Write three referrals/day for “failure to comply Write three referrals/day for “failure to comply

with shushing” and inundate them with paperworkwith shushing” and inundate them with paperwork Nope - document, document, document! Since Nope - document, document, document! Since

you have it written down, when it comes to a legal you have it written down, when it comes to a legal battle, you can show that you advised them.battle, you can show that you advised them.

FinesFines

According to Carol Simpson (2005), “… if According to Carol Simpson (2005), “… if settled out-of-court, it would likely cost in settled out-of-court, it would likely cost in the five figures in fines + attorney fees…the five figures in fines + attorney fees…

……(and) if the district has a copyright policy (and) if the district has a copyright policy that is being violated, both the teacher that is being violated, both the teacher and the principal could face dismissal.”and the principal could face dismissal.”

Who would tell on me? Disgruntled Who would tell on me? Disgruntled faculty/employee, little kid describing what faculty/employee, little kid describing what they learned in school today to parent, they learned in school today to parent, visitor, etc.visitor, etc.

FAQ from FAQ from www.movlic.comwww.movlic.com – the – the “enforcement arm” of the movie “enforcement arm” of the movie

industryindustry Can public library movies be used for reward Can public library movies be used for reward

in schools? No, plus you are involving the in schools? No, plus you are involving the public library in the lawsuit, should it occur.public library in the lawsuit, should it occur.

Aren’t schools exempt? No – the school must Aren’t schools exempt? No – the school must follow the “five rules” from above.follow the “five rules” from above.

Harry Potter is in a few months, can I show the Harry Potter is in a few months, can I show the movie beforehand? No – only for current/ movie beforehand? No – only for current/ pertinent classroom instruction.pertinent classroom instruction.

The video store told us we can show it! The video store told us we can show it! Doubtful, and they don’t have the right to do Doubtful, and they don’t have the right to do so.so.

FAQ from FAQ from www.movlic.comwww.movlic.com – the – the “enforcement arm” of the movie “enforcement arm” of the movie

industryindustry What’s up with after-school groups? Unless What’s up with after-school groups? Unless

your school has a copyright compliance your school has a copyright compliance license, its best not to permit them.license, its best not to permit them.

The catalog says that their movies are The catalog says that their movies are licensed to be used anywhere? “No vendor licensed to be used anywhere? “No vendor selling entertainment videos or DVDs has any selling entertainment videos or DVDs has any such rights whatsoever to give to you.” As such rights whatsoever to give to you.” As was shown from the Teacher Video was shown from the Teacher Video Company’s rules of use, they didn’t – they just Company’s rules of use, they didn’t – they just restated the “Fair Use Laws”restated the “Fair Use Laws”

The $$$$The $$$$

OK, here’s how it goes: “Many suits go right OK, here’s how it goes: “Many suits go right up the chain-of command, from librarian, to up the chain-of command, from librarian, to principal, to curriculum coordinator, to principal, to curriculum coordinator, to superintendent, to the board of education superintendent, to the board of education under the assumption that these parties are under the assumption that these parties are aware of and responsible for the actions of aware of and responsible for the actions of their employees…the copyright holder looks their employees…the copyright holder looks for the “deep pockets.” – Simpson, 2005.for the “deep pockets.” – Simpson, 2005.

They also look to make YOUR district an They also look to make YOUR district an example!example!

Statutory damages not more than $150,000 Statutory damages not more than $150,000 per violation.per violation.

DisneyDisney Closing videoClosing video What about our district? How many What about our district? How many

have copyright policies? Who is in have copyright policies? Who is in charge of compliance? When was it charge of compliance? When was it last updated? Where is the duplicating last updated? Where is the duplicating or tape/DVD machines for district or tape/DVD machines for district distribution? Can you substantiate distribution? Can you substantiate whether or not the videos you have whether or not the videos you have include performance rights?include performance rights?

DisclaimerDisclaimer

I am not a copyright lawyer, nor do I I am not a copyright lawyer, nor do I play one on TV.play one on TV.

The information I have gathered The information I have gathered comes from book sources stated in comes from book sources stated in the presentation, as well as dark the presentation, as well as dark knowledge and arcane secrets known knowledge and arcane secrets known only to me and a privileged few.only to me and a privileged few.