Guidelines for Teachers

By: Marcia Roberts

Media Specialist

Webster County Schools

Copyright is a form of protection granted to authors of original works.

Copyright provides the author the exclusive rights to reproduce, distribute, adapt, perform, or display their work.

Absence of the copyright symbol does not mean the work is not protected by copyright laws.

public domain - work belonging to the public such as: government documents and works, works with an expired copyright or no existing protection, and works published before 1922;

permission -- prior approval for the proposed use by the copyright owner;

legal exception -- use constitutes an exemption to copyright protection--parody, for example; or

fair use -- use for educational purposes according to certain restrictions. 

The Fair Use provisions of copyright law allow for limited copies to be made of materials for educational purposes.

In order for Fair Use to apply, use of the material must be directly related to an educational objective.

Television/Videos Print Materials/Graphics Music/Theatre (plays) Audiovisual (sound,

motion picture, projected images)

Software Internet Multimedia

Off-air recordings of broadcast programs may be used ONCE to meet instructional objectives and repeated ONCE within 10 days of original broadcast.

Recording programs from HBO, Cinemax, Disney, or other pay channels is not allowed.

It is shown in a non-profit educational facility.

The entire audience is involved in the teaching activity.

The audience is in the same room (teacher/student face-to-face situation).

It is a closed space with a single classroom of students.

The video has not been illegally made or copied.

Videos may not be shown for entertainment or reward.

A videotape marked “For Home Use Only” A videotape marked “For Home Use Only” may be used in a regular instructional may be used in a regular instructional situation only if:situation only if:

Webster County Schools’ Video Use Policy sets the time limit for video use in a single class period to 15 minutes.

All videos: Must be previewed by the personnel using it. Must have instructional value. Must be included in the teacher’s lesson plans. Must not be used solely to entertain students. Must follow copyright procedures as established by

county regulations and state and federal laws. Must be approved (completed/signed Video Use Form,

see teacher handbook) by media specialist and/or administration prior to classroom use.

Q: It’s raining outside. May I use a video for recess?A: No. Using a video for entertainment is a violation of the

Fair Use guidelines.

Q: Can the Media Specialist show a video over the closed circuit system at school?

A: This is considered public performance. It can only be done if the school owns public performance rights for the video.

Q: My students have been good all week. May we have a movie and popcorn on Friday?

A: You may have the popcorn, but showing a video for reward is a violation of the Fair Use guidelines.

Teachers may copy (for research, teaching, or preparation to teach): A poem less than 250 words; 250 word excerpt from work

longer than 250 words Articles, stories, or essays less than 2,500 words Up to 10% of a longer work or 1,000 words, whichever is less One chart, picture, diagram, or cartoon per book per periodical

issue Two pages (maximum) from an illustrated work less than 2,500

words (ex: a children’s book)

Source/Copyright information should be included on each copy.

Materials when copying is specifically prohibited by the author. To create anthologies. Consumable materials (i.e. workbooks) to keep from buying legal copies. The same item for sequential marking periods.

Teachers should Teachers should notnot copy: copy:

Royalties must be paid to the publisher for the public performance of copyrighted plays or music.

Teachers may use up to 10% or a maximum or 30 seconds of a copyright musical composition as part of a multimedia product .

The multimedia product must have educational value. Teachers may not:

Copy sheet music or plays. Copy music recordings from original sources. Record music or plays from a broadcast.

All software purchased by the school for classroom, lab, media center, or office use is the property of the school system and may not be installed on non-school computers.

When we purchase software we are not actually buying the program. We are buying the right to use a copy of it.

Software may not be installed on more than one computer in a school unless the school owns a site license for it.

The courts define three types of infringement: Innocent – Example: A teacher reads somewhere that

an item is now in the public domain and makes copies but the item is still protected under copyright law.

Standard – Example: A librarian makes copies of an article well in advance (not spontaneously) without attempting to gain the copyright holders permission to use.

Willful – Example: Permission is sought to reproduce an article for distribution to faculty and is denied. The copies are made and distributed anyway.

$250-$10,000 fine per infringement

If the infringement is willful, the fines can be as high as $100,000.

Software piracy is a felony and carries fines up to $250,000 per infringement.

Willful infringement by any employee is prohibited and may result in disciplinary action.

This presentation covers only a portion of the copyright law and the resulting issues faced by teachers.

The Board of Education for Webster County Schools has appointed the media specialist to be responsible for ensuring current copyright information is made available to all education personnel, for obtaining copyright clearance for works used in the instructional setting, and for recommending system compliance procedures.

If you are in doubt about whether you might be about to violate copyright laws, ask for advice from your media specialist.

http://users.mhc.edu/facultystaff/awalter/Brim%20site/index.html -This site provides resources for use in professional development workshops with teachers, school librarians and other media technology professionals to enhance their learning about copyright.

http://it.coe.uga.edu/~mfitzger/copyright.html -Copyright for Teachers, a document by Mary Ann Fitzgerald.

http://www.koce.org/classroom/copyright.htm -link to a series of videos designed to teach administrators, teachers, and others about copyright laws. Note: this series of videos can also be accessed on YouTube.com.

http://www.stevenson.brevard.k12.fl.us/docs/6th%20grade%20portal/Famous_Scientists/multimediaguidelines.pdf - copyright guidelines for multimedia projects.

Note: This PowerPoint presentation and the links listed above are posted on the Media Center web page under the Resources tab.

Resources for further information:

Our goal is to teach our

students to exhibit

“Honor, Dignity, Respect,

Determination and Knowledge.”

Therefore, we should be models of

responsible behavior.

Christinasclasses. (2008). Miss Unaware: "The copyright criminal.” [Video file]. Retrieved from: http://www.youtube.com/watch?v=bRmYKjZUB6A

Davidson, Hall. (n.d.). Copyright and fair use guidelines for teachers. [PDF file]. Retrieved from: www.halldavidson.net

Fitzgerald, M. (2009). Copyright for Media Specialists. Retrieved from: http://it.coe.uga.edu/%7Emfitzger/copyright.html

Simpson, Carol. (2005). Copyright for schools: A practical guide (4th ed.). Worthington, OH: Linworth.

Soloprod. (2008). Day at School: Copyright and You. [Video file]. Retrieved from: http://www.youtube.com/watch?v=yg7MXoaRUvo

U.S. Copyright Office. (2009). Reproduction of Copyrighted Works by Educators and Librarians. [PDF file]. Retrieved from: http://www.copyright.gov/circs/circ21.pdf