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Susan Beaumont

on 6 July 2015

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Transcript of COPYRIGHT

Copyright Act
Four Factor Test
1. What is the nature of the use?
Is it educational, nonprofit or personal?

2. What is the nature of the work?
Is it fact or imaginative, published or unpublished?

3. How much of the work will you use?
A small amount, the essence of the work?

4. What effect would this use have on the market for the original if the use was widespread? This factor has received more weight than the first three in the courts.
Fair Use
If certain restrictive situations are met, copying is permissible. These special exceptions for teachers and students in an educational setting are called "fair use."

in schools
Images retrieved 24 April 2014 from:


"Copyright Is." You Tube. Copyright Clearance Center. 24 April 2014 <www.youtube.com/watch?v=8J7styDOUwY>.

Faden, E.. "A Fair(y) Use Tale." You Tube. N.p., 18 May 2007. Web. 25 Apr. 2014. <www.youtube.com/watch?v=CJn_jC4FNDo>.

Simpson, C. (2010). Copyright for schools: A practical guide (5th ed.). Denver: Linworth.

Smaldino, S.E., Lowther, D.L., Russell, J.D., (2012), Instructional technology and media for learning, (10th ed.), Boston, MA: Pearson.
Audio Examples:
Correct Use: Administrator will play,
"We Are the Champions" by the
rock group "Queen" the week before
the STAAR test every morning to
hype up the students. Only 30
seconds of the 3:38 minutes of
the song will be played.
Incorrect Use: Administration will make
copies of "We Are the Champions" for
all of the students and teachers so that
they can all sing along as it plays each
Print Examples:

I am instructing a group of fourth and fifth graders. I ordered enough music for each of the students who play a trumpet, flute and drums.

Since the order has not arrived yet, I will make copies with the understanding that the emergency copies will be replaced with the purchased copies when they arrive.
Copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)
According to: Copyright. (n.d.). Retrieved April 19, 2014, from http://www.merriam-webster.com/dictionary/copyright
(Simpson, 2010, p. 35)
Misunderstandings concerning "fair use."
This is untrue. Playing the movie "Holes" as a reward for reading the book is not within the law. Playing the same movie to use in a comparison lesson is within the law.

If I make just one copy of this workbook, the author won't notice the loss of profit.

The current law to govern copying others' works is the Digital Millennium Copyright Act. It was signed into law October 1998. It's purpose is to protect six rights of the copyright holder.
* Reproduction
* Adaptation
*Public performance
* Public display
* Digital transmission
Video Examples:
Correct Use:
I am teaching a weather concept and I
have found a video by Bill Nye the Science
Guy that would show a concept from my
lesson plans very well. So I borrow it
from the school library, show it to my
three science classes, and then promptly
return it.
Incorrect Use:
I need to administer running records for each individual student, so I show The Lion King
while I conduct running records.
~It is against copyright law to forward, adapt or make additional copies of an email without the writer's permission.

~Linking to another web page within your web page
so that it looks like the user still on the first page is
not permissible. The link needs to move you off the current page to the next page so that the user is
aware that there has been a move.
~It is not allowable to copy a
web page or web site and
use it as your own.

~Downloading pages from
the Internet, printing and
distributing them is the same
as printing pages of text.
Internet Examples:
Correct Use:
I receive an email
filled with awesome ideas of
ways to teach fractions. I ask the
sender for permission to share
the ideas with my grade level.

Incorrect Use:
I know of a Web site that has
great family reading tips. I copy
them onto the school newsletter.
Teachers are permitted to install one copy of the program onto a computer hard drive (Smaldino, 2012, p. 100)
SHAREWARE is a type of copyrighted software that may be freely distributed .
Anyone may give copies of shareware to others (Simpson, 2010, p. 157)
SHARE-ALIKE LICENSES is where some software is available from Creative Commons or other copyleft organizations. Many of those may be freely shared (Simpson, 2010, p. 157)
The user of the software must pay a fee if he/she decides to keep the software after trying it (Simpson, 2010, p. 157)
Correct Use:
The school bought software for the computer lab and paid to have it installed in all 48 computers.

Incorrect Use:
I have a great software program on my computer
at school. Since I do not want to have to carry my laptop home in the evening, I will load the program
on my home laptop as well. It's okay since I'm working on school stuff.
Consequences for Violating
Copyright Law

In order to save money for my short-funded program,
I will order one copy of the music for each section in the band and copy enough for each student in the
Correct Use:
Incorrect Use
Computer Software
What cannot be copyright protected?
Works that are not fixed in a tangible medium.
Titles, short phrases, names and common symbols.
Works created by government employees.
Works that are not creative enough such as telephone books.
Works that are not "human-made" such as a painting by a monkey.
*Works that you create on the job belong to
your employer!!
(Simpson, 2010, p. 8-10)
~Each infringement can be cited between $750 and $30,000 per individual work or event.
~If the Infringement is found to be intentional, the cost
may be as high as $150,000 per event.
~Legal fees are an additional cost.
~Computer software infringement is a felony.
(Simpson, 2010, p. 17-19)
A teacher may make multiple copies of short poem under 250 words, a whole article or story under 2500 words or 10% whichever is less. A teacher may copy a single chart, graph drawing or picture per book. All must be for classroom use (Simpson, 2010, p.108)
A teacher may make only one copy per student.
The teacher must be the person deciding to make the copies. Someone else may not direct or choose to copy for the teacher because they believe it might be used at some point (Simpson, 2010, p.56)
Each item copied must have a copyright notice (Simpson, 2010, p.55)
A teacher may NEVER coy any items meant to be consumable.
A teacher may NEVER copy to avoid purchasing a subscription.
A teacher may NEVER charge for copies.
License on the software, overrides copyright law.
Teachers may prepare recordings for direct instruction.
Teacher presentations which include audio recordings to be used for direct instruction may only be retained for 2 years without permission from the copyright holder. (Simpson, 2010, p. 119)
Teachers and students may include up to 10% but no more than 30 seconds from a single piece of music, lyrics or music video. (Simpson, 2010, p.120)
Students may record their own assignments. (Smaldino, 2012, p. 213)
Recorded interviews by students are kept in the School Media Center.
Teachers and students are permitted to use up to 10% or 3 minutes, which ever is smaller when using film, video or TV program (Simpson, 2010, p. 120)
The presentation containing the copyrighted video clip may only be saved and used for up to two years for teachers (Simpson, 2010, p,121)
If a teacher would like to continue using a presentation with copyrighted material, permission must be obtained from the copyright holder.
The first page or display needs to show notice of the copyrighted material.
Teachers may not display copyrighted material on the Internet, Open House, or other public situation. The material must be used for direct instruction with a specific class.
The following four factors are used to determine "fair use."

Using all of the movie "Lion King" for a science lesson is too much. Using a small clip of the same movie to illustrate primary and secondary consumers is an appropriate use.
I can use anything if it is inside a school.
The amount I use doesn't matter as long as it is educational.
Making five copies for your teacher friends of a great workbook that you received in an in-service is wrong even though sharing is nice. If every teacher in the country shared with their grade level, the author would lose a great deal of profit. Making one copy of a workbook that you purchased but ruined with a spilled cup of coffee is appropriate use.

An item that has never been published is acceptable to use.
A student's writing example should not be used as an example in a workshop unless permission has been given by the student's parents. The fact that it has not been published does not authorize free use.

*All factors must be considered.
"Copyright Is." You Tube. Copyright Clearance Center, 22 June 2012. Web. 25 Apr. 2014. <
Faden, E.. "A Fair(y) Use Tale." You Tube. N.p., 18 May 2007. Web. 25 Apr. 2014. <www.youtube.com/watch?v=CJn_jC4FNDo>.
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