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COPYRIGHT FOR EDUCATORS
Jackie Pierson
WS/FC Schools
Program Manager
Library/Media Services
COPYRIGHT AND FAIR USE
COPYRIGHT AND FAIR USEAll employees are expected to follow US Copyright
laws and guidelines.
Copyright Law is not new. Law originated in the 1860’s and was updated in 1976 and updated again in 1998.
Current Congress is updating to address digital and Internet issues.
(TEACH Act)
What does copyright protect?
US Law protects the duplication, performance, sale, and usage rights of “authors of original works, including literary, dramatic, musical, artistic, and certain other intellectual works.” (Title 17, US Code).*literary works *sound recordings
*musical works *pictorial and graphic works
*dramatic works *motion pictures and audiovisual
Copyright protects
Protects ideas, creative works, publications Encourages creativity Protects an artist’s livelihood Gives controls to authors/creators while
encouraging use of creative materials by others
Fair Use is expanding to help educators
WS/FCS Policies
These policies relate to copyright or use of videos in our system.
6161.4 Copyright 6161.3 Selection 6161.1 AUP 6144 Challenged Materials
Fair Use for Educators
Instructors do have wide use of copyrighted materials under fair use guidelines.
Determining fair use is a balancing act between the rights of the creator of the copyrighted material and the needs of the educator.
Controlling further distribution is a key point in determining fair use. Posting to open webpages may not favor a fair use argument.
Fair Use Factors for Educators
In deciding whether to use copyrighted materials, ask yourself these questions:
Why am I using this material? (Is it for instruction? Is it creative/transformative?) PURPOSE
What is the NATURE of the copyrighted work? (nonfiction works are easier to claim fair use than highly creative works;) Public domain works are free to use and further duplicate.
How much am I using? Am I using more than I need to use to address my instructional objective? AMOUNT
Does using this material prevent a sale or harm possible future sales of the materials? EFFECT on market
Aren’t teachers exempt?
Teachers may use certain materials under Fair Use guidelines without written permission.
All other materials used must have the permission of the copyright owner.
Fair Use addresses limited use for instructional purposes—further use (such as using semester to semester) requires written permission from the copyright holder.
Teachers, administrators, and institutions can be sued for copyright infringement (but does not happen often)
Ignorance of the law is not a valid ‘excuse” in the event of a dispute or lawsuit.
There are no copyright police, BUT anyone can report violations to the FBI. (civil and criminal penalties)
What can I do?
Students and teachers may:– Use small amounts of copyrighted works and credit source
and/or copyright holder for classroom activities. – Show projects at conferences, open house, classrooms—
for two years– Keep for a portfolio– Create a hyperlink on a web page (as long as it is set up to
credit original material)– Fair Use charts and limitations are only guidelines for
teachers to think about when selecting how much to use.
Steps to take when planning
When planning your lessons or creating a multimedia presentation or web page, consider copyright issues:*If using something you did not write or create, check
copyright guidelines.*Review Fair Use Guidelines. Use Checklists for Fair Use
such as the one in “Copyright Law for Librarians and Educators” by Kenneth Crews (p.124)
http://www.copyright.com/Services/copyrightoncampus/basics/fairuse_list.html
*If it is not clear that it is “free to use,” write for permission to use.
Fair Use
Fair use is a term used to authorize use of copyrighted materials for INSTRUCTIONAL PURPOSES.
Fair Use applies to all formats including videos, graphics, and web elements.
Your media coordinator/librarian can assist you in answering your copyright questions.
Become familiar with Fair Use Guidelines (impact on market is critical)
Fair Use
All ideas and creations are copyrighted at time of creation. All teachers teach this concept within the SCOS / ITES curriculum.
Fair use usually addresses a spontaneous, one-time use of a copyrighted materials. Repeated uses need further permission from the owner of copyright.
Student work is copyrighted. You may require student’s permission to post/use. (Some teachers send home “Intent to Post” letters at beginning of school.)
http://www.stfrancis.edu/content/cid/copyrightbay/purpose.htm
Copyright Holder has rights to:
Reproduction (including dubbing of videos/ DVD’s/ sound recordings
Alteration and adaptations Distribution and sale of product/work Performance Display
When in doubt, throw it out or ask for permission
Learn NC states:
“Everything that you find on the Internet is copyrighted, whether or not the copyright is stated explicitly…as a rule of thumb, assume that anything you or your students find on the Internet is copyrighted.”
“When something is saved on a computer, it has been created.”
Defining Distribution
Posting items on a webpage constitutes “distribution.”
Once you lose “control” of your audience/classroom, fair use ends. Online learning “classrooms” such as Blackboard and Moodle are “controlled” classrooms because only enrolled students have access to the materials.
Making copies for an entire grade level/department/school/school system (without permission of copyright holder) usually violates Fair Use distribution guidelines.
Specifics of Fair Use
Short portions
Use the smallest amount possible that does not “copy” the “heart” of the material used.
Use only what you need to emphasize the instructional objective of using the copyrighted material.
Is the new work “transformative?” If not, you may have copied too much.
Specifics: Text
Fair Use Guidelines (not specific law)– Watch number of copies you make, percentage of entire
work you copy, and how often you use them– Cannot use from one semester to another WITHOUT
PERMISSION– Reading an entire copyrighted text onto a CD (or tape) or
making a digital recording WITHOUT PERMISSION may not be fair use (especially if there is an audio book available for purchase).
Give credit when using even if it is fair use.
Specifics: Textbooks//Worksheets
You usually cannot copy//scan consumable worksheets. Check copyright statement on worksheet or in front of workbook for limits on copying. Some allow a teacher to make class sets.
You do not have automatic rights to worksheets/workbooks from prior textbook adoptions. Check with publisher.
Ask for permission to copy//scan//post on open websites. Include citations or “used with permission” statements.
You may post copyrighted worksheets in password protected webpages or inside online classrooms where only enrolled students have access.
Check copyright permissions in front of books/resources designed to be used by teachers for lesson planning. Liberal copying rights are often granted.
Specifics: Video
Do not dub or copy entire videos WITHOUT PERMISSION Performance rights to large groups usually are NOT
INCLUDED when videos are rented. All videos MUST be used only for face to face instruction—
directly connected to SCOS objective (even if your school owns it). Showing entire videos is not best practice for instruction.
Videos cannot be used for reward, babysitting, or entertainment.
Purchase Movie Licensing license if showing a video for non-instructional purposes (PTA, after school programs, etc.).
Additional WSFCS School Board Policies apply for use of Rated entertainment videos.
Specifics: Student Work
If a teacher or student uses copyrighted material in a presentation/project, use caution when further distributing or posting that project. You may need further permission of ALL copyright owners.
Multiple copies of CDs/videos made of student performances (especially if selling) may need mechanical licenses.
Specifics: Television
Television programs can be used “live” if connected to the curriculum.
Follow Fair Use guidelines if using taped television programs. If material is connected to the curriculum, then fair use usually applies.
Cable in the Classroom states copyright allowances for classroom use.
Premium channels usually are NOT released for classroom use. (HBO, Showtime)
PBS/ TNT also has special guidelines. Check web sites for specific guidelines for network programs.
Specifics: Software
You cannot copy software (unless free). Check Terms of Use/licensing/copyright When you unwrap software, you are agreeing to
licensing terms. Do not load personal software on school computers. Do not load school software on personal computers
UNLESS THE LICENSE grants permission. Network licenses sometimes have limited number of
computers that may use software. Check licenses.
Specifics: Multimedia
Publishing is publishing—whether in print or in electronic / web form.
Multiple copies of presentations using copyrighted music/graphics probably does not reflect fair use.
Special attention should be paid to graphics, video clips, photographs, etc. found on webpages as the webmaster may not own the copyright to items posted on that webpage.
Even sites that offer “free” graphics may have limitations. Check Terms of Use statements.
Animation factory is a good example. (some free/some must be bought)
Use products which provide “built in” music such as Animoto. The Internet is fluid—watch for changes.
Music
Use sparingly as needed—know fair use guidelines. Teach students fair use guidelines for projects. Students have
broad fair use of music FOR SCHOOL PROJECTS.
Encourage students to create their own music for projects. Music posted on the internet is monitored by companies. Use copyright free / royalty free music for projects such as
Soundzabound CD’s.
Playing CD’s in a public forum (school dances) sometimes requires a “DJ” license.
Playing CD’s in the classroom is fine— it is a good instructional strategy.
Limitations to Fair Use
As long as project stays inside the classroom, fair use probably applies.
Fair use does apply when sharing your project / lessons with other educators.
Once a project leaves a classroom, fair use guidelines may no longer apply. Distance education MAY be a classroom if audience is “controlled.”
For online classes, be sure that the copyrighted material used in the lessons (text, video, music, etc.) is legally purchased / downloaded, addresses curriculum objectives, and only students in your class can access it.
Webpages
When visiting/using a webpage, verify source for authority and copyright/use statements.
If you are posting files/images/music/graphics to a webpage, they should be copyright compliant.
If you are posting copyrighted materials to an open webpage, and claiming fair use, be sure you can say “Yes” to the four factors of fair use.
If you want to link to another webpage, it’s OK if you “set it up” as someone else’s work.
Give credit where credit is due! Always cite sources of all “copied” material! Get written permission if posting copyrighted materials to an open webpage.
Give Credit
In multimedia projects, use a statement at the beginning of project:
“This presentation was created following the Fair Use guidelines for Educational Multimedia. Certain materials are included under the Fair Use exemption of the U.S. Copyright Law. Further use of these materials and this presentation is restricted.” (Learn NC)
Give Credit Often
In addition to the beginning Fair Use statement, add bibliography/webliography at end of project.
When using copyrighted images/photographs/illustrations, cite source ON THE SLIDE in which the graphic is used.
When in doubt, cite source and permission statement on slide/frame.
Using citations is a “best practice”--not the “law”– when using copyrighted materials.
Permission is granted!
Use webmaster e-mails to contact publisher for permission.
David Warlick’s Landmark Project encourages asking for permission and citing sources
Landmarks for Schools Permissions — Columbia Copyright Advisory Office
Document requests and replies for permission.
Use permission statements within presentation itself such as “Graphic used by permission of copyright holder”
Technology is available.
Just because it is easy to copy something, it may not be ethical to copy it.
Technology has made so much available to students and teachers.
Use fair use to create GREAT ENGAGING lessons! Technology makes projects and presentations
exciting! Plan, prepare, ask for permission, and enjoy!
Licensing agreements
Schools both produce and utilize copyrighted materials.
Licensing agreements outline use, reproduction, and distribution of copyrighted materials.
Databases, online journals, and subscription services mandate passwords, number of users, reproduction rights, etc.
What can I use without permission?
Materials you created Materials used within fair use guidelines for a single
lesson plan Items in public domain (Project Gutenberg) http://www.unc.edu/~unclng/public-d.htm http://www.pdinfo.com/ (music and reference books) http://copyright.cornell.edu/resources/
publicdomain.cfm
Creative Commons
Search here for “copyright free” resources.
www.creativecommons.org
Examine license carefully and use appropriately.
Place your creations here for “free” and set usage parameters.
Some resources on this site may include copyrighted materials used without permission, so examine items carefully.
Checking out public domain
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/
http://www.gutenberg.org/
http://copylaw.com/new_articles/PublicDomain.html
Google Books
2019—new works will enter public domain
Learn 360
As long as license is current, you can use and store/copy resources.
Must discard items if license runs out
Includes Copyright-free pictures (just include citation under picture)
Video clips
What about distance ed /online courses?
Check copyright of articles used from semester to semester. You must be able to “control” or document your students by
class rolls, password protected websites, Blackboard “classes,” etc.
Limit numbers of copies to class size or necessary copies. If resources are easily available somewhere, simply refer students to resources rather than make/post copies.
Limit e-mail attachments and web postings of copyrighted materials.
Always cite sources completely. Write for permission for anything that exceeds fair use.
What about online courses?
Require students to cite sources and require bibliographies.
Remind them of honesty code. Model correct copyright use.
WRITE FOR PERMISSION for items you know are valuable to your course.
Under TEACH Act, fair use guidelines apply unless permission is granted for extended portions.
Institution must meet certain criteria in order to fall under TEACH Act guidelines.
Discussion Items
Wikipedia and similar resources—check authority of source and cross-reference facts for possible copyright infringements.
Using pictures and graphics can be tricky. Use wisely. Plagerism “policies” are part of student honor codes and relate
to copyright discussions. Check to see if your school has tools such as “Turn it in. com” to help students screen their work.
Have school system clearly outline licensing agreements. If using within a password protected website, be sure it is
secure and copyrighted materials qualify. Pleading ignorance will not hold up in a lawsuit. Claiming fair use as an educator should be encouraged!
Weblinks
http://www.librarycopyright.net/ http://www.dpi.state.nc.us/copyright1.html http://www.benedict.com/ http://www.cyberbee.com/copyrt.html http://www.copyright.gov/
Copyright Clearance Center | The Copyright Licensing Experts
Weblinks
http://fairuse.stanford.edu/ http://www.techlearning.com/showArticle.php?articleID=558002
10 http://www.copyright.com/Services/copyrightoncampus/ http://www.whatiscopyright.org/ http://www.ncsu.edu/copyright/ http://www.ncsu.edu/midlink/posting.html
Fair Use | Center for Social Media
