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Copyright in Schools

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Joni Harris

on 4 August 2013

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Transcript of Copyright in Schools

Copyright in Schools
Copyright Act
Copyright gives the owner, or author of a work, the rights of
reproduction (copies)
adaptation
distribution
public performance
public display, and
digital transmission (Simpson, 2010, p. 2).
Fair Use
Print
A teacher may copy a single copy of the following for research and teaching purposes:
a single copy of a chapter from a book.
a single copy of an article
a single copy of a short story
a single copy of a chart or graph.
(Simpson, 2010, p. 53)
Audio
Audio books and music are protected under the copyright laws, but have a different "fair use" then print materials.

Video
Video uses the same 5 fair use questions that audio and music use.
Oh No! What will Happen?!
If someone chooses to ignore the copyright law, the penalties could be:
Fines from $750 to $30,000.
Legal fees and court costs.

If a teacher does not comply with the copyright law, they are also putting the librarian and administrator at risk.
Four Factor Test
To determine if you are within the Fair Use of the Copyright Law, consider these four factors.
1. Purpose and character of use.
2. Nature of copyrighted work.
3. Amount of work used?
4. Effect of use on market for or value of work.

Let's take a look at a tool you can use to determine if you are within the fair use guidelines.
Let's watch a video explaining fair use.

http://cyberlaw.stanford.edu/blog/2007/03/fairy-use-tale
A Tool For You
https://www.lib.umn.edu/copyright/fairthoughts
The Copyright Act provides exceptions and allowances for the use of copyrighted material. We will focus on two sections of the Copyright Act:
Fair Use
Use in Educational Settings
Why Does Copyright Exist?
Copyright exists to protect the ideas of the author or creator of work.
It guarantees credit of one's work (Simpson, 2010, p. 8). Without copyright, the artists and authors would not receive the recognition they deserve for their creations (Smaldino, 2012, p. 13).
Within the copyright law is a "fair use" policy that grants teachers and students conditional permission to use materials. You must consider four factors before claiming "fair use". You must also balance the need of author's protection of his work to the need of public access for education or research (Simpson, 2010, p. 36).
Factor 1
Purpose and Character of Use
The first factor of the fair use test encourages educational use of material.
Nonprofit educational use.
Criticism, commentary, news reporting.


Factor 2
Nature of
Copyrighted Work
Factual or Creative?
Taking facts from a copyrighted work is permitted more often than copying portions of something creative.
Published or Non-published
The unpublished work is actually given more protection because the author obviously did not want public to see it.
Unpublished work are things such as letters, diaries, and email.
Consumable materials meant to be repurchased are not covered under this Factor.
Factor 3
Amount of
Work Used
How much of the work will you use?
A small amount of the work is likely to be considered fair use.
Using the entire work is probably going to be unfavorable in this factor.
Simpson, 2010, p. 40
Simpson, 2010, p. 39
Simpson, 2010, p. 38
Factor 4:
Effect of Use on
Market For or
Value of Work
Any use of the work that has negative affects on the work or that could harm the potential sale of the original work would weigh against fair use.
Smaldino, 2012, p. 14
For:
Using a single copy of a published work for an educational objective.

Against:
Showing a copyrighted movie for entertainment purposes in your classroom.
For:
A teacher uses a nonfiction article from a journal to teach about an animal's habitat.

Against:
The math teacher makes copies from the consumable workbook meant for each student.
For:
The English teacher copies off one chapter of the novel for the class to read and discuss.

Against:
The Science teacher makes copies of an entire science textbook for his students.
For:
A student quotes an author in a paper with the proper citation.

Against:
A teacher purchases an educational CD, and then burns 6 copies for her team to have as well.

Do:
A teacher makes a single copy out of the textbook and makes one poster to display during the unit taught.

Don't:
A teacher copies a class set from a math workbook meant to be a consumable.
Do:
The computer technician at the elementary school installs the computer software onto the network of computers that the district has purchased a license for.

Don't:
A first grade teacher purchases a Reading Rabbit program with only one computer license. The kindergarten teachers like it so much they borrow it and install in onto their computers.
(Simpson, 2010, p. 152)
The use of computer software is covered under the copyright law. Check the software license to see if you may copy onto one, three, or a network of computers.
Computer Software
Lilly, 1996
Works Cited
There are no set copyright guidelines for the Internet yet.
Use the four factors of the fair use test to determine what you can take to copy.
Check the license information when accessing, especially things like clip art.
You may link to a web page, because a link is like an address. Make sure the link opens in its own window so that any advertising on that page is shown and so that it doesn't appear as if you have copied the webpage.
Internet
NASA, 2013
(Simpson, 2010, p. 136.)
Do:
A teacher finds an online activity she wants her students to work on. She creates a link to open in a new page on her classroom website.

Don't:
A teacher finds a podcast that she wants her students to listen to. She downloads it and copies it to a CD.
Nonprofit educational,
Classroom,
Instructors and students in an instructional setting (not reward party),
Legally acquired copy, and
Face-to-face teaching activity.
(Simpson, 2010, p. 80)
Must answer yes to all of these to be in accordance to fair use.
Do:
A teacher may use audio books for a listening center. The teacher does not need a copy for each student, the one copy is for the classroom.
Don't:
The second grade teacher decides she does not want to use her budget money to purchase CDs for her listening center, so she takes library books and records herself reading the books.
Nonprofit educational,
Classroom,
Instructors and students in an instructional setting (not reward party),
Legally acquired copy, and
Face-to-face teaching activity.
If using music in a creative work, students and teachers may use up to 10 percent of a musical work.
(Smaldino, 2012, p. 216)
Royalty Free Materials
These sources of materials are available to educators under a royalty free license for use:
Royalty Free Music http://www.royaltyfreemusic.com
Freeplay Music - http://www.freeplaymusic.com
Check with your librarian before showing a video as an indoor recess to be sure that our district has purchased a viewing license.
TV Shows
A teacher may record a tv show for educational purposes from a publicly broadcast channel (not cable or satellite). The program must be viewed within 10 days. Remember to use the fair use test!!
Do:
A science teacher borrows a science video from the library about plants to view in the classroom while studying a unit on plants.

Don't:
The third grade teacher borrows a copy of "The Little Red Hen" cartoon from the library to show while she works with students that are behind in classwork.
Anderson, Laura. p1110450.jpg. April 15, 2011. Pics4Learning. 31 Jul 2013 <http://pics.tech4learning.com>

Faden, E. (2007) A Fair(y) Use Tale. Stanford Law School Center for Internet and Society. Retrieved from http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale.

Lilly, Vickie. lab003.jpg. 3/1/1996. Pics4Learning. 30 Jul 2013 <http://pics.tech4learning.com

(NASA-GSFC), NASA. earth_from_space.jpg. 11.07.2002. Pics4Learning. 30 Jul 2013 <http://pics.tech4learning.com>

Simpson, C. (2010). Copyright for Schools: A Practical Guide (5th Edition ed.). Santa Barbara, California: Linworth.

Smaldino, S. E., Lowther, D. L., & Russell, J. D. (2012). Instructioal Technology and Media for Learning (10th Edition ed.). Boston, MA: Pearson Education, Inc.

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