Why Worry About Copyright?

• As a teacher, it is extremely important to understand the copyright laws in regards to any media - too include the internet. As we grow into the 21st century teaching skills of technology use, it is very important that we understand copy right infringements and penalties; as well as, proper modeling of these practices for our students. One affects us financially if we infringe on a copyright, the other affects us morally, as we teach proper copyright laws to our students.

The next slides will…

• Explain why we need to pay attention to copyright infringement laws

• Penalties • What to look out for to avoid infringing on

copyright laws • Where to get permission to use a material

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Penalties for copyright infringements

• They are many depending on the individual case:

1. Infringer pays the actual dollar amount of damages and profits.

2. The law provides a range from $200.oo to $150,00.00 for each work infringed.

3. Infringer pays for all attorneys fees and court costs.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Penalties for copyright infringements

3. The Court can issue an injunction to stop the infringing acts.

4. The Court can impound the illegal works.5. The infringer can go to jail.• Should someone claim that their copyright has been

infringed, the court can reduce the amount of money damages if the alleged infringer can show that they understand the “fair use analysis”, and made a good faith determination that their use was fair. In the next slide we will look at what “fair usage” is; what “fair analysis”, and who this affects.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

“Fair Use” Means

• It is one of the exceptions in copyright which allows use of copyrighted materials without obtaining permission.

• There is a 4 factor analysis which must be applied to each use to determine whether the use is fair.

• It is important to understand these 4 factors and apply them diligently.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Who does this apply to?

• Everyone• There are 3 major exceptions to the copyright law that are

commonly used by educators:– Fair Use– Face-to-Face Instruction– Virtual InstructionExceptions allow for the use of a work without

requesting permission from the copyright holder, and potentially paying fees.

Before you feel secure……

• It is the decision of the individual who is using the work as to which exception is applicable. It should be a conscious decision, not a decision by default.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/fa

ce_to_face.HTML

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

“Fair Use” Factor #1Character and purpose of the work.

Favors Fair Use Tipping Factor Favors Permission

Nonprofit Teaching Commercial

Educational Research Entertainment

Personal Scholarship For Profit

Criticism

Commentary

News Reporting

The uses under “tipping factor” when combined with any use in the “favors fair use” column strengthen the balance of “favor of fair use”.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

“Fair Use” Factor #2Looks at the creativity vs. fact

Favors Fair Use Favors Permission

Facts Fiction

Published Unpublished

The second factor looks at the creativity of the work. Creative works have more protection than factual ones, so the more creative a work is the less likely the use will be considered fair under this factor.

Fair use tends to favor published works more so than unpublished works. The rationale for this is that authors should be able to decide “when” to publish their work.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

“Fair Use” Factor #3Looks at the amount of work that is being used.

Favors Fair Use Favors Permission

Small Amount Large amount

Amount used is not significant to work Amount used is heart of work

A small amount generally weighs in favor of fair use. Whereas, a large amount favors requesting permission to use. However, there are times when the use of even a small amount of the work can be too much – if – it is considered “the heart of the work”.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

“Fair Use” Factor #4Taken into account how the intended use would impact the market for the

work.

Favors Fair Use Favors Permission

No major impact Major impact

Licensing / Permission unavailable Licensing / Permissions available

Limited / Restricted access to work Work is made available to the world

User / Institution owns legal copy Use is repeated or long term

Please be aware that all educational use is not automatically “fair use”. The fair use analysis must be applied to each use of a work. Fair use is technology neutral, so the analysis may be used for any medium.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Using Multimedia In The Classroom

• The traditional classroom, or face-to-face instruction, is when the instructor and the students of a NON PROFIT educational institution are in a place devoted to instruction and the teaching & learning take place at the same.

• In this setting all performances and displays of a work are allowed.• If the use falls outside the classroom experience, then the Fair Use Analysis

should be applied.• Permission is required if the use is not fair use and the education

exceptions do not apply.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Multimedia Presentations CitationsShould Always Be Made

• Educators and students must credit sources, giving full bibliographic information when available.

• Educators and students must display the copyright notice and copyright ownership information if this is shown in the original source.

• Copyright information for images may be shown in a separate bibliographic section unless the presentation is being used for distance learning. In this case, the information must be incorporated within the image itself (i.e. it must appear on the screen when the image is viewed).

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Printed Word• All types of printed materials

are allowed to be displayed or performed in the classroom provided it is for instructional and NOT entertainment purposes.

http://www.ncpublicschools.org/copyright1.html

And…..

• Text• Up to 10% of a copyrighted work or 1000

words, whichever is less • Poems – Entire poem if less than 250 words – 250 words or less if longer poem – No more than 5 poems (or excerpts) of different

poets, from an anthology – Only 3 poems (or excerpts) per poet

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Here are the restrictions on printed word:

1. Distributing different chapters of the same book during each class session so that students will not have to purchase the book is not permissible.

2. Copies of workbooks or standardized test cannot be made and distributed. These are considered consumables and are meant to be purchase by each user.

3. Compiling a course pack to distribute to students is not allowed. Instructors must receive permission from copyright holders to compile a course pack. Many times there is a fee associated with the permission.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML & http://www.ncpublicschools.org/copright1.html

Music• All types of music may be performed in the classroom provided it is

for instructional use – not entertainment purposes.• Music• Up to 10% of a copyrighted musical composition, but no more than 30

seconds • Up to 10% of a body of sound recording, but no more than 30 seconds • Any alterations cannot change the basic melody or the fundamental

character of the work

• Playing a CD for background music while students are taking an exam would not be permissible under this exception.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Use of film and video

• Use of film and video is permitted in an educational institution so long as all of the following conditions are met:

1. The film must be shown as part of the instructional program. 2. The film must be shown by students, instructors, or guest lecturers, and

can only be shown to students and educators. 3. The film must be shown either in a classroom or other school location

devoted to instruction. 4. The film must be shown either in a face-to-face setting or where

students and teacher(s) are in the same building or general area. 5. The film shown must be a legitimate copy, with the copyright notice

included. 6. Films or videos may not be used for entertainment or recreation.

Website Cited: http:/www.ncpublicschools.org/copyright1.html

Use of Film and Video•Up to 10% of a copyrighted

work or 3 minutes, whichever is less •Clip cannot be altered in

any way

Website Cited: www.xavier.edu/library/help/copyright_video.pdf

Taping Something off the T.V

• Yes, with restrictions. • Congress has created a special exception about this

practice, for nonprofit educational institutions. Off-air recordings may be used by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction, during the first ten school days after the program was recorded. The recording must contain a notice of copyright. It may not be retained longer than 45 days.

Website Cited: http://copyright.lib.utexas.edu/permission.html

How to get permission to use an item in classroom?

This can be a difficult task if you don’t know where to start to look……

From the University of Texas web site: http://copyright.lib.utexas.edu/permissn.htmlThe below is a copy and paste from the above web site. This web page it explains

how to get international permission, music, movies, freelance, image and news archives. It has many good tid-bits of information about where to go to get permission for particular subjects.

• “Getting permission can be difficult , but in some cases there are steps likely to yield results. The steps will vary depending on the type of work you need to use. If the work is part of a book or a journal article, check the Copyright Clearance Center ("CCC") first. The CCC offers electronic and photocopy based transactional (case-by-case) permission services, as well as a subscription license that covers typical institutional use of works for the classroom of all the works in the license repertoire. Your library or copy center is probably already working with the CCC and should be able to help you. If the work you want to use is registered with the CCC, you can get permission instantly for most materials. If your institution subscribes to the academic license and your work is covered, you don't have to do anything -- your use is covered.”

Posting To My Website

• An owner of a website needs to consider if someone posts to his website, his/her ownership becomes more complicated, as in collaborative work, as to whom owns what.

• An owner has to be responsible if someone posts something inappropriate to their website because it can violate their contract with the website hosting service.

• Web structure can change which can affect the visibility of his/her website. The owner needs to be aware of all web updates that will affect the visibility and visits to his/her website.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Before getting any teaching materials

• Please check for proper use of any teaching materials against this backdrop of information.

• Hopefully this will make your classroom a “copyright correct” place.

Website Cited: www.lib.purdue.edu/uco/ForInstructors/face_to_face.HTML

Websites Cited & Visited• Copyright Guidelines for Use of Films and Video - Xavier University • www.xavier.edu/library/help/copyright_video.pdf• www.lib.purdue.edu/uco/forinstructors/fact_to_face.html• http://copyright.lib.utexas.edu/permissn.html• http://www.ncpublicschools.org/copyright1.html• Beware, Tech Abandoners. People Without Facebook Accounts Are ...• www.forbes.com/sites/.../beware-tech-abandoners-people-w• Terms of Service | Free Website Builder - IM creator• imcreator.com/terms-of-• What You Ought to Do If You've Been Punished by Google's ...• www.quicksprout.com/.../what-you-ought-to-do-if-youve-b...• U.S. Copyright Office - Copyright in General (FAQ)• www.copyright.gov/help/faq/faq-general.html• The seven deadly myths about Internet Copyright.• webnet77.com/webstuff/copyright.html• Http://www.copyright.com• http://www.templetons.com/brad/copyrightmyths.html