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Copyright Training

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Jennifer Martin

on 28 July 2014

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Transcript of Copyright Training

What is U.S. Copyright Law?
Copyright Training
By Jennifer Martin
The current version is based on the Copyright Act of 1976 (with minor modifications made through the years).
Introducing...
Title 17, United States Code, Public Law 94-553, 90 Stat. 2541, as amended
Otherwise known as...
U.S. Copyright Law!
The Copyright Act of 1976 defines:

What can (and can't) be copyrighted
The rights of a copyright holder
How someone gets a copyright
The duration of copyright
Fair Use

What is Copyright?
Copyright is a federal law that protects the rights of authors of "original works of authorship."

A copyrighted work must be an original work of authorship which is fixed in a tangible medium of expression.

This includes: literary, dramatic, musical, artistic, and certain other intellectual works.

Copyright protects published and unpublished works.
What
can
(and
can't
) be copyrighted?
Copyright protects "original works of authorship"

This includes works:

written on paper
painted on canvas
saved to disk
recorded on tape or other recording medium
exposed on film

OR

any other means that creates a permanent (tangible) record of the work
Copyright Protection does
NOT
include:

Ideas, procedures, methods, systems, and processes

Facts, news, research, and other works consisting of information that is common knowledge or property

Works that are not fixed in a tangible form of expression

Titles, names, short phrases, and slogans


Fashion

(However, a slogan can receive trademark protection.)
What are the rights of copyright holders?
Reproduction

Adaptation

Distribution

Public Performance

Public Display

Digital Transmission of Sound Recordings


(Simpson 2010, p. 2)
How can someone get a copyright?
Actually, it's pretty simple.
Thanks to the Copyright Law of 1976, a work becomes protected as soon as it is "fixed in tangible form."
(Simpson 2010, p. 7)
Oh, and one more thing...
The copyright lasts for the life of the author, plus 70 years




(Simpson 2010, p. 12)
Coming up...
Fair Use
What is Fair Use?
The copyright law provides certain exceptions to its requirements for the purpose of advancing knowledge and scholarship.

These exceptions are called "fair use."

If copyrighted content is used for criticism, comment, news reporting, teaching, scholarship, or research, it is considered to be fair use.

For instance, educators may use small portions of copyrighted works in their instruction if properly cited and the copyright (and copyright holder) are credited.



(Simpson 2010, p. 35)
(Smaldino, Lowther, & Russell 2012, p. 13)
However...
Fair use does
NOT
mean teachers can use anything and everything that is copyrighted.
(Simpson 2010, p. 35)
Then how can I tell if something
qualifies as fair use?
Well, there are no absolute guidelines in determining fair use in an educational setting, however, the law provides a list of four factors to help decide if something qualifies for fair use.
(Smaldino, Lowther, & Russell 2012, pp. 14-15)
(Simpson 2010, p. 35)
The Four Tests
Factor #1:
Purpose and character of the use, including whether such use if for nonprofit educational purposes rather than of a commercial nature.

Factor #2:
Nature of the copyrighted work.

Factor #3:
Amount and substantiality of the portion used in relation to the copyrighted work as a whole.

Factor #4:
Effect of the use on the potential market for or value of the copyrighted work.
(Smaldino, Lowther, & Russell 2012, p. 14)
Purpose and Character of Use
If you're planning to use a work for educational purposes, and
NOT
for commercial gain or entertainment, then you have a good case for fair use.
(Smaldino, Lowther, & Russell 2012, p. 14)
Nature of the Copyrighted Material
If the material comes from a source that is
NOT
solely meant for educational purposes, such as a magazine or newspaper, then it probably supports fair use.
If the materials comes from a source
MEANT
for educational purposes, then its free use could impact sales, thus not supporting its fair use.
Also, material that is meant to be of an
entertainment
nature, such as movies and music, is harder to justify for fair use.
(Smaldino, Lowther, & Russell 2012, p. 14)
Effect of Use on the Potential Market or Value of Work
Simply put, if the use of the material could impact potential sales, then it does not qualify for fair use.
(Smaldino, Lowther, & Russell 2012, p. 14)
Amount of the Work Used
Using a small amount is more likely to be considered fair use, than a large amount.

If you planned on using a large chunk or the whole work, then that's
NOT
fair use.
(Smaldino, Lowther, & Russell 2012, p. 14)
Print Materials
Computer Software
Internet
Music
Audiovisuals
Since the Four Factors can be unclear, educators and publishers met to determine more specific explanations of the law. Congress accepted their results. These new congressional guidelines are not law, but they can be used to further establish acceptable fair use.

These guidelines were developed mainly for printed materials since that's what dominated in 1976 when the guidelines were written.

The additional tests are:

Brevity
Spontaneity
Cumulative Effect


(Simpson 2010, p. 47)
The Three Tests
BREVITY
defines specific lengths and number of items for poetry, prose, picture books, and illustrations.

SPONTANEITY
means that teachers must be the ones to request that copies be made. Administrators or department heads cannot request that a teacher copy certain materials. In addition, materials must be used spontaneously, to coincide with current instruction, not copy something with intent to use it later in the year or part of next year's instruction. If that's the case, then it is no longer spontaneous use and permission must be requested to use it.

CUMULATIVE EFFECT
ensures that copying is not substituting for the purchase of the materials. This test limits the number copies that may be made from a single source or author during a school term.
These three tests are very specific and must be met before copying from a work.
(Simpson 2010, pp. 56-57)
If you wish to install a program on multiple computers, you must have a license for
each
installation. This also includes network software, since multiple users will be using it.

If you make an
unauthorized copy
of a program, then you are committing copyright infringement. Also, if you lend someone a program knowing they plan to copy it, then you are committing contributory copyright infringement.

Computer software is unique in many ways. Its digital form have enabled copyright owners to develop different forms of distribution and sales. Therefore, purchasers must
"read the fine print"
to determine what permissions they have before installing or copying computer software.



(Simpson 2010, pp. 151-155)
There are no specific copyright guidelines for the Internet, with the exception of the TEACH Act regarding distance learning.

This is due to the Internet being so broad, since it consists of print, music, audiovisuals, multimedia, and computer software.

In addition, there are many types of activities that are Internet-related.

However, when it comes to copyright and the Internet, it is good practice for teachers to refer back to the four factors of fair use.


(Simpson 2010, p. 136)
Internet-Related Concerns to Think About...
Printing pages
Bookmarks
Links
Copying pages to local servers
Redistributing pages
E-mail
Chat and IM
Newsgroups and Discussion Boards
Web page information
Copying Internet code
Social Networking (Facebook, MySpace, etc.)
Podcasting
Video sharing sites (Youtube, Teacher Tube, etc.)
Photo sharing sites (Flickr, Picasa, etc.)
Social Bookmarking sites (Delicious, Digg, etc.)
Wikis
E-books
Blogs
Virtual Worlds (Second Life)
See! There are so many parts to the Internet!
(Simpson 2010, pp. 132-149)
In the current copyright law, there is no section that covers specific copyright guidelines for permitted educational uses of music, either printed or recorded.

However, in 1976, music industry groups and music educators developed the
Guidelines for Educational Uses of Music
. These guidelines aren't law, but following them is a practical policy.

In addition, you should continue to refer back to the four factors of fair use, as well as print guidelines, audiovisual guidelines, and multimedia guidelines.



(Simpson 2010, pp 107-108)
The use of audiovisual materials are regulated under current copyright law and covers video, filmstrips, sound recordings, animated graphics, and all other nonprint formats that are not multimedia or distance learning.

When using audiovisuals, remember that school is a public place, therefore any performance of a copyrighted work at school is considered a public performance. This brings up the concern of public performance rights.




(Simpson 2010, p. 72)
Videos and Fair Use
The same guidelines used for determining fair use of print materials does
NOT
apply to audiovisuals.

When determining the fair use of audiovisuals, there are five yes/no questions to consider.

Will the use of the video be nonprofit and educational?

Will the video be shown in a classroom or similar place?

Will the video be used for direct teaching?

Is the video a legally acquired copy?

Is the video directly related to the current lesson?

If you plan to use the audiovisual, then you need to answer "yes" to
all
five yes/no questions.



(Simpson 2010, pp. 77-80)


Am I using this for direct-teaching purposes?
What does it look like?
Mrs. Roarke needs time to finish grading research papers. Even though they finished reading The Secret Garden months ago, She has students watch the the movie version while she finishes grading.


Mrs. Roarke's class is currently reading The Hunger Games. She borrows a copy of the movie from the library to have students compare/contrast the two versions.
(Simpson 2010, p. 80)
For Example...
What does it look like?
Mr. Vaughn plays seasonal music over the PA system during the week before winter break. The music can be heard in all the classrooms and hallways throughout the school.


Mr. Vaughn volunteers to be the DJ at the school's spring dance. The music is only played in the cafeteria, where the dance is taking place. All proceeds from the dance will be used to purchase new graphing calculators for the math department.
(Simpson 2010, p. 98)
What does it look like?
Ms. Newman finds a website that lists several useful links on the research process. Her students are currently writing research papers, so she copies all the links onto her classroom website.


Ms. Newman finds a website that lists several useful links on the research process. Her students are currently writing research papers, so she bookmarks the website so her students can easily find it.
For example...
(Simpson 2010, p. 132)
For example...
What does it look like?
Mrs. Cortez installs a science-related computer program on all the computers in the library. However, she only purchased one copy of the program.


Mrs. Cortez purchases a license for a science-related computer program that comes with twenty installations. She plans to install the program on the twenty computers in the library.
For example...
(Simpson 2010, p. 152)
What does it look like?
Mrs. Lee makes copies of the first ten chapters of a novel to use with her students. This is more than 10% of the novel.


Mrs. Lee wishes to teach her students about foreshadowing, so she copies part of a novel that exhibits this literary element. The excerpt she copies is less than 1,000 words and less than 10% of the novel.
For example...
(Simpson 2010, p. 55)
So, you ask what is this copyright law called?
What does it look like?
Mr. Prescott uses a copyrighted work to create instructional materials and then he decides to sell his materials on TeachersPayTeachers.com


Mr. Prescott uses a copyrighted work to create instructional materials only for his public school classroom.
For example...
What does it look like?
Ms. Boyd discovers an unpublished diary of a Holocaust survivor and decides to share it with her students during their Holocaust unit.


Ms. Boyd shares a factual entry about the Holocaust from an encyclopedia.
For example...
What does it look like?
Mrs. Foster copies 50 pages from a 150 page teaching manual so she can use the information to create lessons.


Mrs. Foster copies 1 page from a 150 page novel so she can show her students an example of an "opening hook."
For example...
What does it look like?
Ms. Rocha doesn't have enough copies of a novel for her entire class, so she makes 3 copies of the book so each of her students can have a copy.


Ms. Rocha doesn't have enough copies of the textbook for her entire class, so she makes 3 copies of the first lesson, while she waits for the additional purchased textbooks to arrive.
For example...
(Simpson 2010, pp. 41-42)
(Simpson 2010, pp. 40-41)
(Simpson 2010, p. 39)
(Simpson 2010, p. 38)
Copyright Infringement
What happens if an educator knowingly and deliberately violates the copyright law?
Fines can range from
$750
to
$30,000
! (
per infringement
)

Deliberate infringement can have fines up to
$150,000
!

If commercial gain was involved...raise that to
$250,000
and possibly
5 years in prison
!


EEK!
YIKES!
Ignorance is
NOT
an excuse!
(Smaldino, Lowther, & Russell, p. 13)
Practice Time!
In your groups, you will discuss the copyright implications of the following scenarios.
Copyright Scenario #1
Mr. Gomez, the school librarian, records an episode of "Brain Games" on his VCR. He adds the VHS tape to the rest of the library's video collection so teachers can check it out to use in their classrooms. He plans to keep the tape in library and available for check out indefinitely.
Copyright Scenario #2
Mrs. Hoffman finds a science article in a magazine and makes copies for her 7th grade science class. She likes it so much, she plans to use the article again next year.
Is the teacher violating copyright law?

If so, what can she do differently?
Is the school librarian violating copyright law?

If so, what can he do differently?
Copyright Scenario #3
Ms. Price, an elementary school teacher, copies a version of the Alphabet Song by a popular singer and uploads it to her classroom website so her students can listen to it at home.
Is the teacher violating copyright law?

If so, what can she do differently?
Copyright Scenario #4
Mrs. Castelli, a high school government teacher, came across a political cartoon profiling current events. She wants to share it with her students, so she makes one copy for her class.


Is the teacher violating copyright law?

If so, what can she do differently?
Copyright Scenario #5
Coach Sanders, the head football coach, has been videotaping each varsity football game. He decides to create a video by splicing several video segments together and adding some popular songs as background music. He plays this video during the community homecoming pep rally


Is the coach violating copyright law?

If so, what can he do differently?
References
Purdue University. (n.d.). Copyright overview. Retrieved from
http://www.lib.purdue.edu/uco/CopyrightBasics/index.html

Smaldino, S., Lowther, D., & Russell, J. (2012). Instructional
technology and media for learning. 10th Ed. Pearson: Boston.

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

U.S. Copyright Office (2012). Copyright basics. Retrieved August 1, 2013
from http://www.copyright.gov/circs/circ01.pdf

(Simpson 2010, pp. 1-12)
(Simpson 2010, p. 1)
(Simpson 2010, p. 1)
(Purdue University)
(U.S. Copyright Office 2012, p. 1)
(Simpson 2010, p. 7)
(Purdue University)
(U.S. Copyright Office 2012, p. 3)
The main question to ask yourself is...
(Simpson 2010, p. 72)
Full transcript