CopyrightCopyright

If I ignore it, why does it If I ignore it, why does it matter?matter?

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)

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

SC ELA Academic SC ELA Academic StandardsStandards

6.6. The student will access and The student will access and use use information from a variety of information from a variety of

sources.sources.6.6.3 Create a list of sources that

contains information (including author, title, and full publication details) necessary to properly credit and document the work of others.

Same indicator through 8Same indicator through 8thth grade. grade.

SC ELA Academic SC ELA Academic StandardsStandards

6.6. The student will access and The student will access and use use information from a variety of information from a variety of

sources.sources.E1-6.3 Use a standardized system of

documentation (including a list of sources with full publication information and the use of in-text citations) to properly credit the work of

others. Same indicator through 12Same indicator through 12thth grade. grade.

Standards for the 21st Century Learner

1. Inquire, think critically, and gain knowledge

1.3.1 Respect copyright/intellectual property rights of creators and producers.

1.3.3 Follow ethical and legal guidelines in gathering and using information.

1.3.5 Use information technology responsibly.

Standards for the 21st-Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at http://www.ala.org/aasl/standards

Standards for the 21st Century Learner

3. Share knowledge and participate ethically and productively as

members of our democratic society.

3.1.6 Use information and technology ethically and responsibly.

Standards for the 21st-Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at http://www.ala.org/aasl/standards

Standards for the 21st Century Learner

4. Pursue personal and aesthetic growth.

4.3.4 Practice safe and ethical behaviors in personal electronic communication and interaction.

Standards for the 21st-Century Learner. (2008) Chicago, IL: American Association of School Librarians. Available online at http://www.ala.org/aasl/standards

NETS for StudentsNETS for Students5. Digital Citizenship

Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior. Students:

a. Advocate and practice safe, legal, and responsible use of information and technology.

b. Exhibit a positive attitude toward using technology that supports collaboration, learning, and productivity.

National Educational Technology Standards for Students: The Next Generation.. (2007) Washington, D.C.: International Society for Technology in Education. Available online at http://www.iste.org/Content/NavigationMenu/NETS/For_Students/NETS_S.htm

NETS for StudentsNETS for Students

5. Digital CitizenshipStudents understand human, cultural, and societal issues related to technology and practice legal and ethical behavior. Students:

c. Demonstrate personal responsibility for lifelong learning.

d. Exhibit leadership for digital citizenship.

National Educational Technology Standards for Students: The Next Generation.. (2007) Washington, D.C.: International Society for Technology in Education. Available online at http://www.iste.org/Content/NavigationMenu/NETS/For_Students/NETS_S.htm

Penalties and Penalties and LiabilitiesLiabilities

FinesFines

Up to $250,000 per infringementUp to $250,000 per infringement

Software infringement - Software infringement - considered a felonyconsidered a felony

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

Commercial videos Commercial videos (movies)(movies)

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

Commercial videos Commercial videos (movies)(movies)

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

Must be Must be documenteddocumented in lesson in lesson plansplans

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

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

Fair UseFair Useofof

Recorded Recorded Television Television

ProgrammingProgramming

“Off-air” recording refers to 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

Recording must be shown during first 10 school days after recording is made. Tape may be retained for 45 calendar days.

After the 45-day retention period, the 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

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 restrictedrestricted clearance – no taping rightsclearance – no taping rights

Encourage use of Cable-in-the-Encourage use of Cable-in-the-Classroom, ITV programming, or Classroom, ITV programming, or StreamlineSCStreamlineSC

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

instructioninstruction

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

Preview Preview all all videos before usevideos before use

Videos should not be used as Videos should not be used as crowd-control devices crowd-control 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, CD-ROM, floppy, CD-ROM, DVD!DVD!

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

Remember!Remember!

Multimedia Multimedia ProjectsProjects

Multiple Copyrights Multiple Copyrights InvolvedInvolved

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

images, Photos, Other Picturesimages, Photos, Other Pictures Music: Tapes, CDs, MP3sMusic: Tapes, CDs, MP3s Computer SoftwareComputer Software InternetInternet

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

multimedia projects.multimedia projects. Students may perform and display Students may perform and display

multimedia projects for academic multimedia projects for academic assignments.assignments.

Students may include their multimedia Students may include their multimedia projects in electronic portfolios for projects in electronic portfolios for assessment purposes.assessment purposes.

STUDENTS MUST DOCUMENT STUDENTS MUST DOCUMENT WORKS USED!!!!WORKS USED!!!!

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

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

Time limit on fair use is 2 years from Time limit on fair use is 2 years from completion of work.completion 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 free.copyright 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 is Unless specifically stated, everything is copyright protectedcopyright 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 siteInternet sites and re-post on Internet site

May post on a protected school/district May post on a protected school/district intranetintranet

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

How much can I copy How much can I copy and use?and 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 Text - up to 10% or 1000 words - whichever is lesswords - 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 The Library Media Specialist is notnot the the "copyright police"!"copyright police"!

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

The Principal should facilitate The Principal should facilitate establishing a copyright policy for the establishing a copyright policy for the school.school.

The library media specialist is there to The library media specialist is there to 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.

Everyone should notify Everyone should notify principal of known infractionsprincipal of known infractions

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

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:

Notice: The copyright law of the United States (Title 17 U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement.

Copyright Copyright NoticeNotice