Copyright Compliance Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003

CopyrightCopyright

ComplianceCompliance

Information Literacy/Technology Education Integration Plan Toolkit

SC Department of Education 2003

What is copyright?What is copyright?

“The statutory privilege extended to creators of works that are fixed in a tangible medium of expression.”

(Bruwelheide, 1995)Information Literacy/Technology

Education Integration Plan Toolkit


Why be concerned with Why be concerned with copyright compliance?copyright compliance?

Respect intellectual rights of creators of Respect intellectual rights of creators of informationinformation

Reward creativity of authors, artists, Reward creativity of authors, artists, musicians, etc.musicians, etc.

Legal mandateLegal mandate Model proper behavior for students, Model proper behavior for students,

teachers, and other members of teachers, and other members of educational communityeducational community



Information Literacy Standards for Student

LearningStandard No. 8: The student who is information literate “…practices ethical behavior in regard to information and information technology.”



Reprinted with permission from Information Power: Building Partnerships for Learning, published by the American Library Association..

NETS for StudentsNETS for Students PreK-2PreK-2

– Demonstrate positive social and ethical behaviors when using technology

– Practice responsible use of technology systems and software.

Grades 3-5Grades 3-5– Exhibit legal and ethical behaviors when

using information and technology, and discuss consequences of misuse.

Reprinted with permission from National Educational Technology Standards for Students - Connecting Curriculum and Technology, published by the International Society for Technology in Education (ISTE) NETS Project.



NETS for StudentsNETS for Students Grades 6-8Grades 6-8

– Exhibit legal and ethical behaviors when using information and technology, and discuss consequences of misuse.

Grades 9-12Grades 9-12– Demonstrate and advocate for legal

and ethical behaviors among peers, family, and community regarding the use of technology and information.Reprinted with permission from National Educational Technology

Standards for Students - Connecting Curriculum and Technology, published by the International Society for Technology in Education (ISTE) NETS Project.



Penalties and Penalties and LiabilitiesLiabilities



FinesFines

$250 - $10,000 per infringement$250 - $10,000 per infringement Software infringement - now a felonySoftware infringement - now a felony Up to $250,000 per infringementUp to $250,000 per infringement



Who’s Liable?Who’s Liable? Classroom TeachersClassroom Teachers Library Media SpecialistsLibrary Media Specialists PrincipalsPrincipals Curriculum CoordinatorsCurriculum Coordinators SuperintendentsSuperintendents Boards of EducationBoards of Education



Indirect LiabilityIndirect Liability• Contributory Contributory (Library Media Specialists)

– Checked out equipmentChecked out equipment– Checked out resourcesChecked out resources

• Vicarious Vicarious (Library Media Specialists, Administrators, Others)

– Knew of infringement but did not report itKnew of infringement but did not report it



“…“…but I didn’t know!”but I didn’t know!”

• Called “Innocent Infringement”Called “Innocent Infringement”• Occurs when infringer was unaware Occurs when infringer was unaware

that material was copyrightedthat material was copyrighted• No excuse if work properly displays No excuse if work properly displays

copyright © noticecopyright © notice• Since 1976 all works considered Since 1976 all works considered

copyright protectedcopyright protected



Fair UseFair Use Education Exemption - but…Education Exemption - but… Not free license to copy anything Not free license to copy anything

you wantyou want Cannot copy in place of purchasingCannot copy in place of purchasing Cannot copy in Cannot copy in anticipationanticipation of a of a

requestrequest Allows for spontaneity of useAllows for spontaneity of use



Fair UseFair Use

Does not allow use of commercial Does not allow use of commercial videos for re-enforcement, videos for re-enforcement, entertainment, or reward without entertainment, or reward without paying public performance rights paying public performance rights fees in advancefees in advance



SPECIFIC MEDIASPECIFIC MEDIA

Print Resources



For research, teaching, For research, teaching, or lesson preparation a or lesson preparation a

teacher may copy...teacher may copy...



One chapter from a bookOne chapter from a book One article from periodical or One article from periodical or

newspapernewspaper Short story, short essay, short Short story, short essay, short

poempoem Chart, graph, diagram, drawing, Chart, graph, diagram, drawing,

cartoon, or picture from book, cartoon, or picture from book, periodical, or newspaperperiodical, or newspaper



A teacher may not...A teacher may not...



Copy “to create or to replace or to Copy “to create or to replace or to substitute for anthologies, substitute for anthologies, compilations, or collective works.”compilations, or collective works.”

Copy from consumable productsCopy from consumable products Copy to substitute for purchasing Copy to substitute for purchasing

resourcesresources Copy at direction of superior, i.e. Copy at direction of superior, i.e.

principalprincipal Copy same item each semesterCopy same item each semester



A teacher may A teacher may make multiple make multiple

copies for copies for classroom use if...classroom use if...



only one copy of each item per only one copy of each item per student is made (classroom set)student is made (classroom set)

each item copied is for each item copied is for classroom discussionclassroom discussion

each copy includes a notice of each copy includes a notice of copyrightcopyright

each item meets the three tests each item meets the three tests for copying...for copying...



Three tests for Three tests for copyingcopying

BrevityBrevity SpontaneitySpontaneity Cumulative effectCumulative effect



SPECIFIC MEDIASPECIFIC MEDIA

Videotapes/Movies



Commercial videos Commercial videos (movies)(movies)

Cannot be used for reward or Cannot be used for reward or entertainmententertainment

Free FridayFree Friday During testing During testing Rainy-day RecessRainy-day Recess Field DayField Day




Must be used as part of Must be used as part of face-to-face instructionface-to-face instruction

Must be Must be documented in lesson documented in lesson plansplans, showing how the video , showing how the video supports goals and objectives of supports goals and objectives of lesson plan lesson plan

Must be a Must be a true and legal copytrue and legal copy




Can be rented from video rental Can be rented from video rental store or public librarystore or public library

Borrowed from a studentBorrowed from a student Owned by the classroom teacherOwned by the classroom teacher Purchased by the schoolPurchased by the school



But...But...



Must be used as part ofMust be used as part of face-to-face-to-face instructionface instruction

Must be documented in lesson Must be documented in lesson plansplans

Must support goals and objectives Must support goals and objectives of lesson planof lesson plan

Must be a true and legal copyMust be a true and legal copy



Good Rule of ThumbGood Rule of Thumb

Consider any program on regular Consider any program on regular networks, e.g. ABC, CBS, NBC to be networks, e.g. ABC, CBS, NBC to be restricted restricted clearance – no taping rightsclearance – no taping rights

Encourage use of Cable-in-the-Encourage use of Cable-in-the-Classroom programmingClassroom programming



Fair UseFair Useofof

Recorded Recorded Television Television

ProgrammingProgrammingInformation Literacy/Technology

Education Integration Plan Toolkit


“Off-air” recording refers programs received with antenna

Ten-day Fair Use Guidelines apply Recording may be used once as

part of teaching activities All premium channels (received

with cable or satellite) are restricted – no recording rights (use Cable-in-the-Classroom programming)



Recording must be shown during first 10 school days of the 45-day retention period

After 45-day retention period, recording must be erased

Recording may be made only at request of and used by individual teachers



Recording may not be made in anticipation of a request by individual teachers

Recording must include copyright notice on the broadcast program as recorded



Three things to consider Three things to consider when using videos for when using videos for

instructioninstruction



http://classroomclipart.com/cgi-bin/kids/imageFolio.cgi?action=view&link=Clipart/Camera&image=camera02.jpg&img=&tt=

Consider the educational Consider the educational value of any video value of any video

Preview before usePreview before use

Videos are not crowd-Videos are not crowd-control devicescontrol devices



OTHER MEDIAOTHER MEDIA

Computer Software

Internet

Other Technologies



Computer softwareComputer software

Single UserSingle User Lab packsLab packs Network licenseNetwork license Site licenseSite license



•Don’t copy that Don’t copy that floppy or CD-ROM!floppy or CD-ROM!

•Don’t install single-Don’t install single-user license on user license on more than one more than one workstationworkstation

Remember!Remember!



Multimedia Multimedia ProjectsProjects



Multiple Copyrights Multiple Copyrights InvolvedInvolved

Moving Images: Video,Laserdisc, DVD, Moving Images: Video,Laserdisc, DVD, Still Images: Graphics, Scanned Still Images: Graphics, Scanned

images, Photos, Picturesimages, Photos, Pictures Music: Tapes, CDs, Music: Tapes, CDs, Computer Software: CD-ROMComputer Software: CD-ROM InternetInternet



Student UseStudent Use Students may use copyrighted works in Students may use copyrighted works in

multimedia projectsmultimedia projects

Students may perform and display multimedia Students may perform and display multimedia projects for academic assignmentsprojects for academic assignments

Students may include their multimedia Students may include their multimedia projects in electronic portfolios for assessment projects in electronic portfolios for assessment purposespurposes



Faculty may incorporate copyrighted works Faculty may incorporate copyrighted works into multimedia creations to create into multimedia creations to create multimedia curriculum materialsmultimedia curriculum materials

Faculty may demonstrate multimedia Faculty may demonstrate multimedia creations at professional conferences and creations at professional conferences and retain for professional portfoliosretain for professional portfolios

Time limit on fair use - 2 years from Time limit on fair use - 2 years from completion of workcompletion of work

Teacher UseTeacher Use



Best SolutionBest Solution

Invest in clip art, music, video clips Invest in clip art, music, video clips created especially for multimedia projects created especially for multimedia projects because they are because they are copyright freecopyright free

Use royalty-free images, music, etc., Use royalty-free images, music, etc., available on Webavailable on Web



Using Internet Using Internet MaterialsMaterials



Unless specifically stated, everything Unless specifically stated, everything is copyright protectedis copyright protected

Fair Use guidelines applyFair Use guidelines apply May not take print, images, etc., from May not take print, images, etc., from

Internet sites and re-post on Internet Internet sites and re-post on Internet sitesite

May post on a protected May post on a protected school/district intranetschool/district intranet

May include links to other sites under May include links to other sites under “implied public access”“implied public access”



How much can I How much can I use?use?



Motion images - up to 10% or 3 Motion images - up to 10% or 3 minutes - whichever is lessminutes - whichever is less

Text - up to 10% or 1000 words Text - up to 10% or 1000 words - whichever is less- whichever is less

Music - up to 10% or 30 Music - up to 10% or 30 seconds, whichever is lessseconds, whichever is less



Photos and images - up to 5 Photos and images - up to 5 works from one author; up to works from one author; up to 10% or 15 works, whichever is 10% or 15 works, whichever is less, from a collectionless, from a collection

Database information - up to Database information - up to 10% or 2500 fields or cell 10% or 2500 fields or cell entries, whichever is lessentries, whichever is less



Managing Managing CopyrightCopyright



The Library Media Specialist is not The Library Media Specialist is not the "copyright police"!the "copyright police"!

The Principal is ultimately The Principal is ultimately responsible for copyright compliance responsible for copyright compliance in the school.in the school.

The Principal should establish a The Principal should establish a copyright policy for the school.copyright policy for the school.

The Library Media Specialist should The Library Media Specialist should offer assistance to faculty/staff to offer assistance to faculty/staff to facilitate copyright compliance.facilitate copyright compliance.

An annual copyright in-service should An annual copyright in-service should be conducted for faculty/staff. be conducted for faculty/staff.



Notify principal of known Notify principal of known infractionsinfractions

Can't know everything - But…Can't know everything - But… Can show that you are Can show that you are

complying to the best of your complying to the best of your abilityability

Redundant communicationRedundant communication



Compliance Form Compliance Form for LMCfor LMC



Request for Videotape Broadcast

Name of Video:_______________________________________________________________________

Date to be broadcast: ____________________________ Blocks 1 2 3 4

Teacher: _____________________________________ Telephone Ext. ___________________

Date of Request: _______________________________ Room Number: ___________________

REMINDER: Each request must be received in the Library Media Center at least 24 hours prior to the broadcast time. We musthave your request before 4th block in order to have the tapes ready for broadcast. No tape will be broadcast on the school-widedistribution system or on individual videocassette recorders unless all information is complete on this form.

VIDEOTAPE SOURCE:

______ PROPERTY OF ANYWHERE HIGH SCHOOL Catalog #_______________

______ PERSONAL COPYThis tape was purchased by/for me, and is a legally acquired copy of this program. I am lendingthis program to ANYWHERE High School as part of the educational program with theunderstanding that the program will be used for instructional purposes only. I release the staff andstudents at RVHS from liability for damages that may occur to my tape.

______ COMMERCIAL COPYAs a representative of _______________________________________ I grant permission to theteacher listed above to use this videotape at ANYWHERE High School. The tape will be usedonly for instruction and will not be altered in any way. Neither AHS nor the teacher will chargeany fees to any person to view the tape listed above. The teacher named above will be singlyresponsible for any damage or fees incurred in the use of the above-described tapes.Store Representative’s signature__________________________________ Date:______________

______ OFF-AIR RECORDINGThis tape was recorded off-air by ______________________________. I understand that thistape may only be used for ten (1) consecutive school days following the recording and may beused only once in relevant teaching activities. I also understand that between the eleventh (11th)and forty-fifth (45th) days this tape may be used for teacher evaluation only. It will not be shown tostudents during this period unless permission has been received from the copyright owner. I made_____copies of this recording. This/these recording(s) will be erased/destroyed no later than theforty-fifth (45th) day indicated below.Date of off-air recording: _______________________________ Channel ______________The 10th consecutive date after recording date is: _______________________________________The 45th day after the recording date is: ______________________________________________

FOR LIBRARY MEDIA CENTER USE ONLY:

Date: Approved:

Information Literacy/Technology Education Integration Plan

Toolkit


Request to tape Request to tape



Anywhere High SchoolAnytime School District 2

Please provide the necessary information to request the off-air taping of a program for instructional purposes.

Teacher Name _____________________________________________ Room No. _______

Title of Program _____________________________________________________________

Date to be Broadcast ____________________ Network _____________________________

Time of Broadcast __________ Date to erase tape __________ Copyright _____________

Please schedule this program for broadcast to my class.

Date(s) of use in class ________________________________________________________

Period(s) to be used _________________________________________________________

Office Use Only. Please do not write below this line.Approved: _____________________________________________ (Library Media Specialist)Necessary Equipment/Inventory Number ______________________________________



Blanket ReleaseBlanket Release



June 4, 2001

To Whom It May Concern:

This is to verify that this organization, ___________________________________

__________________________________________________________________,

only leases true and legal copies of all media (videotapes, audiotapes, etc.). It is theresponsibility of the person leasing the media to return said media in propercondition. The media may not be duplicated or altered in any way.

The media (videotape[s], audiotape[s]) may be used for educational purposes aspart of face-to-face instruction but may not be used for entertainment (publicperformance) purposes.

Store Representative (Please print name and Title)

Signed

Date



Copyright NoticeCopyright Notice



Notice: The copyright law of the UnitedStates (Title 17 U.S. Code) governs themaking of photocopies or otherreproductions of copyrighted material.The person using this equipment isliable for any infringement.



Documents

Copyright Compliance Information Literacy/Technology Education Integration Plan Toolkit SC Department of Education 2003