Notice: The following presentation contains copyrighted materials used under the Multimedia Guidelines and

Fair Use Exemptions of U. S. Copyright law. Further use is prohibited.

Copyright for Educators

The Forney ISD does not discriminate on the basis of race, color, national origin, gender, disability, or age in its programs and activities.

Be aware that this presentation is in no way a “complete” view of the very complex Copyright, Fair Use issue.

Basic Principle

Copyright law doesn’t protect ideas or facts. It protects the particular expression of those facts and ideas.

Main Purpose

□ Many people think the original intent of the law was only to protect the creator of the work. Instead it was also intended to allow others to build freely on the ideas and information conveyed by a work.

□ From the US Constitution: Article I, Section 8, Clause 8 of the U.S. Constitution, also known as the Copyright Clause, gives Congress the power to enact statutes “To promote the Progress of Science and useful Arts”, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

What is Copyrighted?

EVERYTHING

This includes everything you and your students create as well.

What are the Rules?

□ Copyright is a Federal Law □ Anything created after 1976 and in tangible form is copyrighted

even if it does not have the © (copyright symbol).

□ Fair Use is really a defense used in court against a charge of infringement and a set of congressional guidelines.

□ Multimedia Guidelines are “a set of clear-cut guidelines on the use of multimedia in education was approved late in 1996 and published shortly thereafter.”

What does the law guarantee to a copyright holder and what must I

exercise caution in using?

Federal law protects the following rights of a copyright holder

□ Reproduction

□ Adaptation

□ Distribution

□ Public Performance

□ Public Display

□ Digital Transmission of Sound Recordings

The following slides will explain each strand.

Reproduction

Examples considered an infringement of copyright using reproduction:

□ Audio recording of a print work

□ Making a change in format such as recording a book or digitizing a photo

“While you may own a CD recording, all you really own is the right to listen to the music until the disk breaks or wears out. You don’t own the rights to convert any of that material into another format.”

Adaptation

Examples considered an infringement of copyright involving adaptation:

□When a teacher converts a cartoon into digital format for a PowerPoint presentation or

□Taking a popular song and writing new words

Distribution

Examples considered an infringement of copyright using distribution:

□ Forwarding an email

□ Putting computer software on the campus network

□ Putting student work on the Web

*One Caveat – ‘Right of First Sale’. You can do whatever you want physically with a book – you own the physical, not the intellectual copy. CD ROM’s – you have bought a physical copy.

Public Performance

Examples considered an infringement of copyright consisting of public performance:

□ Anything done in the public school classroom is considered public

Public Display

Examples considered an infringement of copyright consisting of public display:

□ Displays outside the home are considered public.

Digital Transmission of Sound Recordings

This new law, came about because of the Internet.

Examples considered an infringement of copyright with digital media: □ Downloading or distributing whole copies of

copyrighted material for personal use or entertainment without explicit permission from the copyright owner

□ Downloading a copy of illegally distributed music, movie, game, software, etc. to your computer □ Even if you download only one song, you are committing an

illegal action.

Can I use copyrighted materials if they are under the Fair Use

Guidelines?

What is Copyright “Fair Use”?

□ The Copyright Act of 1976 introduced a concept called Fair Use. The Fair Use Act basically asserts that copying should be allowed for purposes of criticism, news reporting, teaching and scholarly research. *

□ Copyright law grants educators, rights to reproduce or use certain copyrighted materials, as long as the reproduction or use of these materials meets certain guidelines such as “for educational use”.

□ The Act outlines four distinct factors to consider when using copyrighted materials in non-profit educational settings

* http://www.copyright.gov/title17/92chap1.html#107

Fair Use (continued)

□ While the law may permit the fair use of a copyrighted work for such purposes as teaching, scholarship, research, criticism, comment, news reporting, etc., don't assume that all such uses are "fair."

□ Fair use depends on a balance of four factors

□ The federal guidelines are not specific but rest on the balance of these four areas for court cases.

Four Factors to Consider for Fair Usage

1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes.

Is your intention to make a profit or is it purely a nonprofit educational use? Do you plan to use the material in a commercial or noncommercial manner?

2. The nature of the copyrighted work. Is your use fact-based or created imaginatively? Is the work published or non-published? If the work is factual, then the work is not copyrightable (ex. maps). Ideas can not be copyrighted either, only expression.

Four Factors to Consider (continued)

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

Are you going to use a small portion of the work or are you planning on using most if not all of it? If you are taken to court over a copyright issue, the courts are more likely to weigh this factor in your favor. If you use a small portion, you should be ok.

(Less is best – a portion – not all or substantially all )

4. The effect of the use upon the potential market for or value of the copyrighted work.

Is it possible to obtain permission from the copyright holder? For example, is the copyright holder recognizable and determinable? Will your use negatively effect the sales of the original copyrighted work? Will your new work harm the market for the original works? Will your new work impair the market for derivative works? Is there a market for permission? Will your use of the copyrighted work actually increase sales of the original?

(What would happen if everyone were to copy it? )

Copyright Exceptions for Students with Print Disabilities

□ There are exceptions for students with “print disabilities”. This includes students who qualify for both 504 and Special Education and who have visual, physical, and/or learning disabilities (MR, LD, AU).

□ For more information refer to the following website: http://www.bookshare.org/_/aboutUs/legal/chafeeAmendment

Fair Use Guidelines for Educational Multimedia

□ To make the standards even more clearly for teachers in this technological age, a set of guidelines was developed with the participation of a broad cross section of educators, attorneys, publishers, and librarians in September, 1996.

□ The "Fair Use Guidelines for Educational Multimedia” is clarified on the following slide.

Clarification of the Fair Use Guidelines for Educational Multimedia

□ Students may incorporate others' works into their multimedia creations and perform and display them for academic assignments.

□ Faculty may incorporate others' works into their multimedia creations to produce curriculum materials.

□ Faculty may provide for multimedia products using copyrighted works to be accessible to students at a distance (distance learning), provided that only those students may access the material.

□ Faculty may demonstrate their multimedia creations at professional symposia and retain same in their own portfolios.

Specific Multimedia Guidelines to Follow….

It’s the Law!

□ Though this language is general, specific quantities of copyrighted material have been defined as acceptable for use in the creation of non-profit educational presentations. Teachers and students should keep these guidelines in mind when creating projects.

□ Teachers may retain multimedia products incorporating the copyrighted works of others for a period of two years for educational use. After that, permission must be sought to continue use.

FISD Policy for Video Usage

□ Before showing a video to students, teachers should insure the following:

• Any public showing is acceptable based on copyright laws.

• The video correlates with TEKS and has educational value.

• The showing of the video has prior approval from the campus administration.

• The activity is documented in the teacher’s lesson plans.

□ Videos, whether purchased or rented, are to be used in the classroom for educational purposes only – not for entertainment or reward.

“Forney I.S.D. Employee Handbook. (2010-2011), p. 39” Check the 2011-2012 Employee Handbook for any updates.

What Can Teachers Do? □ Check for copyright notices at the bottom of web pages

□ Never put copyrighted material up on the web without permission

□ If in doubt, ask for permission

□ Create your own graphics. or ask permission to use student graphics

□ Always give credit to the original creator of anything you use.

□ Use a Creative Commons License on your own work, especially if you want to share.

□ Be aware and follow the Copyright Guidelines for Educational Use (see next slide)

□ Additional reference online: Copyright in an Electronic Environment

http://www.dpi.state.nc.us/copyright1.html

Copyright Guidelines “Fine Print” for Educational Purposes

□ MUSIC – 30 seconds or up to 10%, whichever is less □ MEDIA (video clips/motion media) – 3 minutes or up to

10%, whichever is less □ TEXT – 1000 words or up to 10% , whichever is less □ POEMS – 250 words, with a three poem limit per poet

and five poem limit by different poets from an anthology, or 10%, whichever is less

□ PHOTOS – (images) – No more than 5 per author or a maximum of 15 per collection or up to 10%,, whichever is less

□ DATABASE Information – 2,500 fields or cell entries or up to 10% , whichever is less

□ IMAGES (charts, graphs, cartoons, etc.) – One per source Copyright Poster

http://www.halldavidson.com/copyrightTEACH.pdf

Copyright…Why Does It Matter?

□ It is the law!

□ As teachers we should model ethical behavior □ It is an ethical issue

□ Do we take what doesn’t belong to us just because we want it?

□ Schools and individuals are prosecuted and it can get expensive

□ It is our responsibility to model 21st Century ethics.

Additional Resources for Copyright

□ For student activities and copyright quizzes see the “HotList” for Copyright Resources

□ Thinkfinity.org http://www.thinkfinity.org

□ Sky by Learning.com http://platform.learning.com/Interface/TeacherSky/

Work Cited □ Davidson, H. (2002) NECC. “Visuals: The Way Our Brain Works”,

Workshop Resources, Retrieved August 9, 2009, from Hall Davidson’s website:

http://www.halldavidson.com/downloads.html#anchor923173 □ US Copyright Office http://www.copyright.gov/title17/92chap1.html#107 □ The Copyright Site http://www.thecopyrightsite.org/fairusedetailed.html

□ Forney ISD Employee Handbook 2010-2011, p39 □ Copyright in an Electronic Environment

http://www.dpi.state.nc.us/copyright1.html

□ YouTube video: The Cost of Copyright Confusion for Media Literacy http://mediaeducationlab.com/video-cost-copyright-confusion-media-literacy

For more information:

□ Simpson, Carol. Copyright for schools: A Practical Guide. Worthington, Ohio: Linworth Publishing, 2001.

□ Copyright Poster, http://www.halldavidson.com/copyrightTEACH.pdf

□ Chilling Effects of Copyright Infringements http://chillingeffects.org/piracy/faq.cgi#QID142

Credits

This presentation was created by Reneé Setser for Forney ISD 2011-2012 required trainings.

Some of the material presented is a compilation of previous copyrighted trainings created by Suzanne Smith & Reneé Setser, Copyright for Educators created by the KISD Library Media Specialists’ Copyright Committee 2005-2006 in Katy ISD, and materials gathered from Internet sources and technology conferences: TCEA and NECC.

Disclaimer…

Please keep in mind that the information presented here is only general information. True legal advice must be provided in the course of an attorney-client relationship specifically with reference to all the facts of a particular situation. Such is not the case here, so this information must not be relied on as a substitute for obtaining legal advice from a licensed attorney.