CopyrightCopyrightWhat Educators Should KnowWhat Educators Should Know

By: Terri Byers, Ed. S.(Modified from original by Connie

Yearwood)

What is Copyright?What is Copyright? Copyright is a

property right granted to authors of original work

The purpose is to protect and promote creativity

Copyright is a property right granted to authors of original work

The purpose is to protect and promote creativity

CopyrightCopyright

Copyright covers: literary works; musical works; dramatic works; pantomimed and choreographed works; pictorial, graphics, and sculptural works; motion pictures and audiovisual works; and sound recordings.

Copyright covers: literary works; musical works; dramatic works; pantomimed and choreographed works; pictorial, graphics, and sculptural works; motion pictures and audiovisual works; and sound recordings.

In other words…In other words…

…just about everything!!

When Copyrighted Materials Can Be Used

When Copyrighted Materials Can Be Used

Public domain - A work in the public domain can be copied freely by anyone. Such works include those of the U.S. Government and works for which the copyright has expired. Generally, for works created after 1978, the copyright lasts for 70 years beyond the life of the author.

With permission Legal exception Fair use

Public domain - A work in the public domain can be copied freely by anyone. Such works include those of the U.S. Government and works for which the copyright has expired. Generally, for works created after 1978, the copyright lasts for 70 years beyond the life of the author.

With permission Legal exception Fair use

Fair Use Law for EducatorsFair Use Law for Educators

Fair Use guidelines were developed to clarify the rights of educators to copy or use materials for educational purposes.

In order for Fair Use to apply the material being used must be directly related to an educational objective.

Fair Use guidelines were developed to clarify the rights of educators to copy or use materials for educational purposes.

In order for Fair Use to apply the material being used must be directly related to an educational objective.

Fair Use applies to…Fair Use applies to… Videos Printed Materials Graphics (any

visual image) Audiovisual

(sound, motion picture, projected images)

Videos Printed Materials Graphics (any

visual image) Audiovisual

(sound, motion picture, projected images)

Software Satellite Internet Multimedia

Software Satellite Internet Multimedia

How can I tell if my copying falls under Fair Use?

How can I tell if my copying falls under Fair Use?

Unfortunately there’s no hard and fast rule, but there are some guidelines.

Unfortunately there’s no hard and fast rule, but there are some guidelines.

Fair Use for Educational Purposes

Fair Use for Educational Purposes

Purpose of use - spontaneous and for a temporary purpose

Nature of the work - a newspaper article vs. a textbook, a DVD vs. a photo

Proportion/extent of material used - a chapter vs. whole book

The effect on marketability - changing format

Purpose of use - spontaneous and for a temporary purpose

Nature of the work - a newspaper article vs. a textbook, a DVD vs. a photo

Proportion/extent of material used - a chapter vs. whole book

The effect on marketability - changing format

Videos in the Classroom

Videos in the Classroom

Classroom use of a copyrighted video is permissible only when all of the

following conditions are met:

Classroom use of a copyrighted video is permissible only when all of the

following conditions are met:

•It must be shown in relation to face-to-face teaching activities.

•The entire audience must be involved in the teaching activity.

•It must be shown in a classroom or similar instructional area.

•The audience is in the same room.

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

•The teaching activities are conducted in a non-profit, educational setting.

•It may not be shown for entertainment or reward.

•The video has not been illegally made or copied.

Habersham County Guidelines

Habersham County Guidelines

Must be previewed by the personnel using it. Must have instructional value and objectives for the

use of it, and it 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 property of the school system. Must be used in face-to-face instruction with one

class, unless public performance rights are held.

Must be previewed by the personnel using it. Must have instructional value and objectives for the

use of it, and it 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 property of the school system. Must be used in face-to-face instruction with one

class, unless public performance rights are held.

Video ? and AnswerVideo ? and Answer

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.

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.

Printed MaterialsPrinted Materials Educators may copy

A single copy of a chapter from a book.* A single copy of an article from a magazine or

newspaper* A single copy of a short essay, short poem, or short

story* Educators may not copy

Consumable materials, i.e. workbooks To keep from buying The same item for sequential marking periods

*Must be destroyed after the teaching opportunity.

Educators may copy A single copy of a chapter from a book.* A single copy of an article from a magazine or

newspaper* A single copy of a short essay, short poem, or short

story* Educators may not copy

Consumable materials, i.e. workbooks To keep from buying The same item for sequential marking periods

*Must be destroyed after the teaching opportunity.

SoftwareSoftware

When you purchase software (computer games or programs) you are not actually buying the program. You 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.

When you purchase software (computer games or programs) you are not actually buying the program. You 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.

GraphicsGraphics Educators may use graphics from a program

that has been purchased (Print Shop, Clip Gallery, etc.) to enhance presentations, newsletters, bulletin boards, etc.

Educators may not Change the format, i.e. “blowing up” the

graphic Create a hand drawn imitation Copy more than one from a book or periodical Copy more than 9 graphics for the course

Educators may use graphics from a program that has been purchased (Print Shop, Clip Gallery, etc.) to enhance presentations, newsletters, bulletin boards, etc.

Educators may not Change the format, i.e. “blowing up” the

graphic Create a hand drawn imitation Copy more than one from a book or periodical Copy more than 9 graphics for the course

Who is Accountable?Who is Accountable?

Teachers, Media Specialists, Administrators, School Boards All equipment in a school is

considered “supervised.” Therefore, if it is used to violate copyright law we are all responsible.

You are liable if you should have known about it.

Teachers, Media Specialists, Administrators, School Boards All equipment in a school is

considered “supervised.” Therefore, if it is used to violate copyright law we are all responsible.

You are liable if you should have known about it.

Is It Worth It?Is It Worth It?

$250--$10,000 per infringement If the infringement is willful, the

fines can be as high as $100,000 Violation of software copyright is a

felony and carries fines up to $250,000 per infringement

$250--$10,000 per infringement If the infringement is willful, the

fines can be as high as $100,000 Violation of software copyright is a

felony and carries fines up to $250,000 per infringement

This presentation covers only a portion of the copyright issues faced by educators.

Your Media Specialist has special training in issues relating to copyright. If you are in doubt, ask for advice.

Why is it Important?Why is it Important?

We are working toproduce “Caring and Responsible Learners,” so it is our job to model responsible

behavior.

We are working toproduce “Caring and Responsible Learners,” so it is our job to model responsible

behavior.

Board PolicyFrom Online Policy Manual, September 8, 2003

Board PolicyFrom Online Policy Manual, September 8, 2003

Compliance with State Board Policy, State and Federal Laws 

It is the policy of this Board to comply with all State Board policies and adopted documents related to media programs and resources (IFA),

personnel (GBB and GDBA) and facilities and to adhere to any relevant state and federal laws.

 Furthermore, the Habersham County Board of Education shall comply

with the copyright law.  There shall be one individual at the system level and one individual at each school 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.  Willful infringement by any employee is prohibited and may result in

disciplinary action.

Compliance with State Board Policy, State and Federal Laws 

It is the policy of this Board to comply with all State Board policies and adopted documents related to media programs and resources (IFA),

personnel (GBB and GDBA) and facilities and to adhere to any relevant state and federal laws.

 Furthermore, the Habersham County Board of Education shall comply

with the copyright law.  There shall be one individual at the system level and one individual at each school 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.  Willful infringement by any employee is prohibited and may result in

disciplinary action.

Habersham’s Authority on Copyright

Habersham’s Authority on Copyright

Habersham County refers to Gary Becker’s book, Copyright: A

Guide to Information And Resources as the

authority on Copyright Law.

Habersham County refers to Gary Becker’s book, Copyright: A

Guide to Information And Resources as the

authority on Copyright Law.

ReferencesReferences

(2002). ALA Fact Sheet 7: Video and Copyright. Retrieved Aug. 22, 2003, from The American Library Association: http://www.ala.org/Template.cfm?Section=Library_Fact_Sheets&Template=/ContentManagement/ContentDisplay.cfm&ContentID=24635

Becker, G. (2003). Copyright: A Guide to Information and Resources, 3rd Edition. Lake Mary, FL: .

Copyright and Fair Use. Retrieved Jan. 8, 2009, from http://www-sul.stanford.edu/cpyright.html

Fitzgerald, M. (1999). Copyright for Media Specialists. Retrieved Aug. 22, 2003, from http://it.coe.uga.edu/%7Emfitzger/copyright.html

(2000). Regents Guide to Understanding Copyright & Educational Fair Use . Retrieved Aug. 22, 2003, from University System of Georgia Board of Regents: http://www.usg.edu/admin/legal/copyright/copy.html

Ryan, L., Smith, L. & Thomas, J. Breaking Down the Monster of Copyright Law.

Simpson, C.M. (1997). Copyright for schools: A practical guide (2nd ed.). Worthington, OH: Linworth.

(2002). ALA Fact Sheet 7: Video and Copyright. Retrieved Aug. 22, 2003, from The American Library Association: http://www.ala.org/Template.cfm?Section=Library_Fact_Sheets&Template=/ContentManagement/ContentDisplay.cfm&ContentID=24635

Becker, G. (2003). Copyright: A Guide to Information and Resources, 3rd Edition. Lake Mary, FL: .

Copyright and Fair Use. Retrieved Jan. 8, 2009, from http://www-sul.stanford.edu/cpyright.html

Fitzgerald, M. (1999). Copyright for Media Specialists. Retrieved Aug. 22, 2003, from http://it.coe.uga.edu/%7Emfitzger/copyright.html

(2000). Regents Guide to Understanding Copyright & Educational Fair Use . Retrieved Aug. 22, 2003, from University System of Georgia Board of Regents: http://www.usg.edu/admin/legal/copyright/copy.html

Ryan, L., Smith, L. & Thomas, J. Breaking Down the Monster of Copyright Law.

Simpson, C.M. (1997). Copyright for schools: A practical guide (2nd ed.). Worthington, OH: Linworth.