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Copyright Education for Teachers
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COPYRIGHT EDUCATION
FORTEACHERS
WELCOME!
Please complete the Pre-Test (yellow sheet) in
your packet.
PURPOSE
The Copyright for Education workshop is
intended to assist faculty and staff in copyright law
and to assist in integrating copyright
information into curriculum.
LEARNING OBJECTIVES
•Given a list of selected works, participants will use the Library of Congress’ copyright records to search registered books, music, art, and periodicals.•Given access to the Library of Congress’ website, participants will define key terminology used in copyright education.•Participants will learn more about “why” copyright law exists and where it all started (history of copyright).
FINISH THE SENTENCE
Go around the room and have each person complete one of these
sentences:
The best job I ever had was…The worst project I ever worked on
was…The riskiest thing I ever did was…
WHAT IS COPYRIGHT?
“Copyright is a form of protection provided by the laws
of the United States to the authors of ‘original works of
authorship,’ including literary, dramatic, musical, artistic, and
certain other intellectual works. This protection is available to
both published and unpublished works” (Library of Congress).
WHY ARE COPYRIGHT LAWS IMPORTANT TO
TEACHERS?
Copyright laws are important to teachers because there are limitations that they must know and should make
the right decisions when copying protected materials. In addition,
educators are given special privileges called “fair use” that should be known
when copying protected materials.
In 1790, the first Copyright Act was enacted in the United States. Since
that time there have been many revisions to the law. The Copyright Act Revision of 1976 added the “fair use”
clause. “The Copyright Act of 1976 grants a number of exclusive rights to
copyright owners, including:reproduction right, distribution right,
right to create adaptations, and performance and display rights”
(Stanford University Libraries).
HISTORY OF COPYRIGHT
WHAT KIND OF WORKS ARE PROTECTED BY
COPYRIGHT?
There are many types of materials protected by copyright law, from print to graphical to electronic.
These can be in the form of books, videos, magazine articles,
paintings, illustrations, cartoons, email messages, etc.
HOW LONG DOES COPYRIGHT LAST?
Copyright lasts for the life of the author plus 70 years or, for works made for hire, 120 years from its creation.
ACTIVITY #1
Please find the red sheet for Activity #1. You will search
the list of selected works using the Library of
Congress’ copyright records search at
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=FirstPlease see the tutorial first.
ARE THERE OTHER WAYS TO LEGALLY USE COPYRIGHTED MATERIAL?
Public domains, expired copyrighted materials, and U.S. government materials can all be
reproduced legally. Other materials may be used if one requests permission from the copyright holder. Fair use can also be used when reproducing
copyrighted materials.
WHAT IS FAIR USE?
“Fair use is a copyright principle based on the belief that the public is entitled to
freely use portions of copyrighted materials for purposes of commentary and criticism” (Stanford University Libraries).
FAIR USE
Since the copyright law prohibits the unauthorized use of copyrighted materials while allowing criticism, teaching, research, news reporting, etc., certain privileges are given to teachers for particular uses of copyright works.
Four factors are used in determining Fair Use:1)Purpose and character of the use2)Nature of the copyrighted work3)Amount and substantiality of the material used4)The effect of use on the potential market of the work
Purpose and Character of the Use
This factor determines whether the material was
used for financial gain, education, or commercially. Unfortunately, even if you
are not using the material to make a profit, the courts need to review all four
factors.
Nature of the Copyrighted Work
This factor determines what type of material the work is,
whether the work is scholarly or commercial. For example, copying a
study on animals is more likely to be considered to be fair use than copying music
or copying a workbook.
Amount and Substantiality of the Material Used
This factor determines the amount of the portion of the
work used. The less you copy, the more likely it will be
excused as fair use. However, even if you copy a small portion of the work, the
material copied will not be a fair use if the portion taken is
the “heart” of the work (Stanford University
Libraries).
The Effect of Use on the Potential Market of the Work
This factor determines “whether your use deprives
the copyright owner of income or undermines a new or potential market for the
copyrighted work” (Stanford University Libraries).
THE DE MINIMUS DEFENSE
De minimus is used in court cases when the portion of material copied
is small enough not to be considered for a fair use analysis.
For example, in a court case dealing with a motion picture, a
producer was sued for using copyrighted pictures in the film. The courts viewed the film and
decided that the pictures were de minimus due to being out of focus
and practically unrevealed.
ACTIVITY #2
Please access the Stanford University Libraries’ website
at http://fairuse.stanford.edu and locate one court case under the “Dockets” tab.
Summarize it and be prepared to share it with
the class.
THE FAIR USE TEST
There are three guidelines that assist teachers in
applying fair use:1)Brevity
2)Spontaneity3)Cumulative Effect
Teachers may make copies for each student in the class provided that the materials carry the copyright notice and meet the fair use test.
1) Brevity• Poem - less than 250 words and
printed on not more than two pages, or a selection from a poem
of not more than 250 words• Article, Story, or Essay – less than
2,500 words or a selection of not more than 1,000 words or 10% of a
the material, whichever is less• Chart, Graph, Diagram, Drawing,
Cartoon, Periodical, or Picture per Book
• Maximum of two published pages with less than 10% of a material
that combines text and illustrations
THE FAIR USE TEST
THE FAIR USE TEST
2) SpontaneityThe teacher copies published
materials and distributes to students as a last minute decision for a lesson plan.
THE FAIR USE TEST
3) Cumulative EffectThe teacher is copying the material
for one class during one term (cannot copy more than nine
times for one course during one term).
Teachers may only reproduce materials (one short poem, article, story, essay, or two
excerpts) from the same author. Also, teachers may not
reproduce more than three times from the same group of
works for one course term.
AUDIOVISUAL MATERIALS USE
Section 110 of the U.S. Copyright Law (Fair Use) establishes that teachers have the right to display and perform audiovisual
materials. Particular conditions must ALL be met for the use of audiovisual
materials to be allowed:• Must be part of the lesson plan.
• Must be shown by teachers or students.• Must be shown in classroom or other school
location.• Must be shown in a face-to-face
environment.• Must be shown only to students and
teachers.• Must be shown using a legal copy with a
copyright notice.
GUIDELINES FOR OFF-AIR RECORDING
Educational institutions are allowed to record television programs and use them for
instructional purposes if they meet the following guidelines:
• A broadcast program may be recorded off-air and kept for a period for no longer than forty-five
(45) consecutive calendar days after the date of the recording. It must be erased or destroyed
immediately after that date.• Off-air recordings can only be used once by the
teacher for the lesson plan and only once for reinforcement during the first ten (10)
consecutive school days in the fort-five (45) calendar day of the retention period.
• Individual teachers may only make the requests for and use of off-air recordings.
GUIDELINES FOR OFF-AIR RECORDING (cont.)
• Teachers do not have to use the complete off-air recording, but they
cannot modify them in any way.• Copyright notice must be included.• Appropriate control measures must
be established at schools to uphold the integrity of the off-air recording
guidelines.
COMPUTER SOFTWARE
Computer software is somewhat different than copyrighted publications. In
most cases, the consumer purchases the software program, not the copyright. In schools, software
programs are usually bought with a license per a number of workstations. If it is illegally reproduced, then it is a violation of the copyright law. Before installing a piece of school software, please make sure you are allowed.
SCANNING
Limited amounts of copyrighted materials can be scanned from print to digital. Students are allowed to scan a limited amount of materials into a project, but it may only be
allowed to be shown in the class for which it was produced. Teachers or students may not scan cartoons or
articles into a newsletter unless it is for criticism, comment, or news
reporting. *When scanning images, follow photocopying or multimedia
guidelines.
MULTIMEDIA GUIDELINES
Teachers are allowed to include portions of legally obtained
materials when creating their own educational multimedia projects
used in the classroom. Guidelines on portion limits are as follows:
Motion media – up to 10% or three minutesText – up to 10% or 1,000 words
Music – up to 10% or 30 seconds (music or lyrics)
Photos or Images – up to five works from one author; up to 10% or 15 works from a
collection
ACTIVITY #3
Please access the Library of Congress’ website at http://loc.gov
and define the following six terms:Fair Use, Copyright, Publication,
Copyright Infringement, Public Domain, and Copyright Notice.
RESOURCES
Library of Congress’ Copyright Officehttp://loc.gov
Stanford University Librarieshttp://fairuse.stanford.edu
POST-TEST & EVALUATION
Please complete the Post-Test (green sheet) in
your packet as well as the Evaluation (blue sheet).
ANY QUESTIONS
