WHAT EVERY EDUCATORY SHOULD KNOW

Copyright

What is Copyright?

According to the US Copyright Office, copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

Who is an infringer?

Anyone who violate the right of the copyright owner.

Common ways students and teachers infringe on others’ copyrights

They photocopy others’ written works or drawings.

They download files from the internet. They post others’ written or graphic works to

their own website or YouTube or use them in their own presentations or multi-media projects.

Penalty for copyright infringement

The court can order the infringer to pay from $200 to $ 150,000. The infringer will also have to pay the copyright owner any damage that was caused by the copyright infringement.

“Fair Use”

Fair use provisions of the copyright law allow for limited copying or distribution of published works without the author's permission in some cases.

There are four factors to evaluate the “fair use” of copyright materials:

1. The purpose and nature of the use.2. The nature of the copyrighted work.3. The nature and substantiality of the material used. 4. The effect of use on the potential market for or value

of the work.

Example of Fair Use

Quotation of excerpts in a review or criticism for purposes of illustration or comment.

Quotation of short passages in a scholarly or technical work for illustration or clarification of the author's observations.

Reproduction of material for classroom use where the reproduction was unexpected and spontaneous–for example, where an article in the morning's paper is directly relevant to that day's class topic.

Use in a parody of short portions of the work itself.A summary of an address or article, which may include

quotations of short passages of the copyrighted work. (From the Copyright Clearance Center Website)

Using someone else’s words

Ask for permissionIf the material is used only once, cite and

give credit to the author.

Using another’s musical score

Get permission.The music use must have an educational

purpose.Only 10 percent of the copyright musical

composition can be reproduce.

Using film in the classroom

The material must be legitimately acquiredMaterial must be used in a classroom or

nonprofit environment “dedicated to face to face instruction”

Use should be instructional, not for entertainment or reward.

Taping something off the TV to use in the classroom

Schools are allows to retain broadcast tapes for minimum of 10 schools days according to Technology and Learning.

Channel programs may be used with permission.

Getting permission

Get permission from the copyright owner directly.

If you do not know you own the copyright, you can look it up at the US Copyright Office

Copyright Chart for Educators

The link below provides a chart for educator to use as a quick reference in copyright and fair use.

http://www6.district125.k12.il.us/staffdev/copyright_chart.pdf