3. Intellectual property
Patents: The right given to be the only one who may
make and sell a new invention, or use a method for a
certain number of years
Trademarks: A special picture, mark, word, etc.
placed on a product to show who its maker or dealer is
Copyrights: The legal right to be the only publisher,
producer, or seller of a particular piece of work
4. Copyright Law
Congress has the power ―to promote the
Progress of Science and the useful Arts, by
securing for limited Times to authors and
Inventors the exclusive Right to their
respective Writings and Discoveries.‖
U.S. Constitution, Art. 1, Sec. 8, Cl. 8
5. What is copyrighted?
―Original works of authorship‖ that can be recorded in a
―tangible medium of expression‖
musical works, including any accompanying lyrics
literary works
dramatic works with any music
pantomimes, choreography
graphics, artwork, sculptural works
sound recordings
motion pictures and other multimedia
6. What cannot be copyrighted?
Ideas
Facts
Procedures/process
Systems
Operation Methods
Concepts/principles
Discoveries
7. How long does copyright last?
Life of author plus 70 years
Joint authors—life of last survivor plus 70
years
Works for hire—95 years from publication
or 120 years from creation
8. What is not covered by
copyright?
Anything not fixed in a tangible medium (telling a
story, a dance—must be recorded in some form)
Works consisting entirely of common property
(no original authorship)
Federal documents
Titles, names, short phrases, slogans, familiar
symbols or designs (trademarks),
Listings of ingredients or contents (recipes)
9. ―Fair Use‖
The use by someone other than the author,
without the author’s permission, of a
copyrighted work
11. ―Fair use‖ Questions
Is the use commercial?
Is the original work mostly fact?
Has the original work been published?
Are you copying only a small part of the
original work?
Does your conduct leave unaffected any
profits that the owner can make?
Are you giving credit to the author?
12. What can teachers do?
Get permission from the author and you can do
whatever you and the author have agreed upon
Make a single copy for scholarly research, use in
teaching, or in preparation for teaching
Chapter from a book
Periodical or newspaper article
Short story, short essay, short poem
Chart, graph, diagram, cartoon, or picture from a book,
periodical, or newspaper
13. Classroom copies
Limitations:
One copy per pupil
Must meet the ―brevity test‖ guidelines
Must meet ―spontaneity rule‖
Not more than nine instances for 1 class in 1
class term
No term-to-term use of same materials for same
class
Every copy must include notice of copyright
14. ―Brevity Test‖ Guidelines
Poem: complete if less than 250 words-- if longer,
no more than 250 words
Prose: a complete article, story, or essay if less
than 2500 words
Prose: an excerpt of not more than 1000 words or
10% of the work, whichever is less
Illustration: one chart, graph, diagram, drawing
cartoon, or picture per book or periodical
Multi-media exceptions explained later
15. ―Spontaneity Rule‖
Copying is immediate and the inspiration of
the individual teacher
The decision was so close in time that it
would be unreasonable to expect a timely
reply to a request for permission
However, poor planning will not get you far
in court…
16. Keep It Legal
Cite the source!!!
Keep the use in the classroom
Extending beyond school door will get you
in trouble. Example of extensions : web
page, published report, article in the local
newspaper, bus trip.
Ask for permission!!!
18. MUSIC: FAIR USE-GUIDELINES
Emergency copying For academic
to replace purchased purposes other than
copies which for any performance, single or
reason are not multiple copies of
available for an excerpts of works may
imminent be made, not more
performance, provided than 10% of the whole
purchased replacement work.
copies ordered One copy per pupil.
19. FAIR USE - NOT ALLOWED
Out-of-Print: Still protected, write and ask
No reply - still don’t have permission to copy
Collections: One song out of a collection - ask
Extra Parts: Buy if available. Ask!
Contest: If originals are required - order
Choral/Speaking parts for musicals: Blatant
violation to copy - lack of $ does not justify
photocopying!
20. RECORDINGS-Compulsory Mechanical
License-Fair Use
1) A single copy of a 2) A single copy of
sound recording of recordings or
copyrighted music performance by
may be made from students may be made
sound recordings
owned by an for evaluation and
educational institution rehearsal purposes and
or an individual may be retained by the
teacher for exams or educational institution
oral exercises or individual teacher
21. OTHER DILEMMAS
Arrangements - No Fair Use -- Get permission
Adaptations - Fair use applies when editing or
simplifying provided the fundamental character of
the work is not distorted or lyrics altered or added
Transcription - Get permission
Parody - Requires authorization - be safe - ask
23. Permission Use Sheet
(Signature of author allows others to use their material)
Internet sites such as: Music Vendors
www.bmi.com, www.nmpa.org, etc.
Call publisher/producer
Write request for information
See resources page
24. Commercially Produced Audiovisual
Materials
Rented or Purchased Video, CD, DVD, Audio
cassette, etc.
* No copying even for archiving purposes
* No charging of viewing fees
* Must be in the course of face-to-face teaching
activity (tied to the curriculum)
*Must be presented by students or teachers
*Must be legally acquired copy of the work
*Must be used in an educational setting
* Broadcast rights may be purchased
25. Television Recording
Copying of Programs is allowed (fair use) if done by the
schools media specialist for instructional purposes.
Only one main showing per class in the first 10 school
days is allowed. Teacher may use until day 45 for
evaluation, etc. Copy must be destroyed after 45 days
from recording.
Noone else in the school can record the same program
more than once.
Parts of programs can be shown but no altering of content.
The copyright notice must be included.
26. Cable Television
Programs designated as Cable in the Classroom can
usually be used up to one year. Locate programs at
www.ciconline.org
Programs labeled (RES) can be shown in public as it airs
but not taped for later playing.
27. Broadcasting to Cable TV
Work made for hire statement should be
signed for school ownership
Check with local cable provider before
attempting to broadcast
No copyrighted videos, plays, or recorded
music can be rebroadcast
28. Educational Multimedia
Combining of original work with portions of
copyrighted material to produce an integrated
presentation
Teachers must use in face-to-face instruction for up to
two years. Permission must by secured after that.
Can use 10% or up to 3 minutes, whichever is less of
motion media
Text is limited to 10% or 1000 words, whichever is less
Music is limited to 10% with a maximum of 30 seconds
29. Educational Multimedia (Continued)
No more than 5 images or photos per artist
No more than 10% or 15 per collective
work
Up to 10% or 2500 fields or cells from a
database or table
One copy can be made for backup purposes
30. Copyright Issues Concerning
Visual Arts and Images
“Originals are the fairest flowers:
Imitations are of quicker growth but fainter bloom.”
Thomas McFarland
31. Visual Art Copyright
20th Century Reality
―Societal goal underlying copyright is to
stimulate and encourage progress in the arts.
Copyright supposedly sparks creative impulse
through economic impetus. Conversely,
unauthorized copying inhibits creativity.‖
Darraby, Jessica L. 1995. Art, Artifact and Architecture Law.
32. Visual Arts and Images
Paintings Slides Cartoons
Photography Sculpture Drawings
Graphics Illustrations Graphs
Prints Charts Posters
When an artist creates a work of art, the copyright
comes into existence automatically.
By registering artwork, you have more rights.
33. Derivative Work
The right to prepare ―derivative works‖
rests with the copyright owner.
The right to change the chart, picture,
cartoon, or illustration into a poster or slide
or video (also called the right of adaptation)
rests with the copyright holder.
34. Derivative Work Rights
Can’t reproduce the work in a different
media
Can’t copy or reproduce the heart of the
artwork or image
The more you copy, less likelihood it
constitutes fair use
The amount taken from the copyrighted
work in relationship to the totality of that
work is the crucial factor
35. Infringement Examples
Teacher uses the opaque projector to enlarge a
greeting card illustration for a bulletin board
decoration.
Cheerleaders create a poster that features a popular
cartoon character dressed in a team uniform.
Teacher copies an image from a coloring book and
adds more detail to it for a worksheet.
36. Parody and/or Satire
The work must have a critical component.
The work still falls under fair use – good
faith.
Only elements that are necessary for the
parody can be used.
The appropriation in the copied work must
change the message of the underlying work.
Settled case-by-case, so ask permission.
37. Clip Art
Clip art is sold to be copied in certain formats
Check the clip art limitations
38. Views on copying images for art
―I consider general copying as a delusive
kind of industry.‖
President of English Royal Academy,
Sir Joshua Reynolds 1769
―It has generally been accepted that children should
not copy anything. The arts are supposed to be a
means of one’s own expression and not a superficial
copy of someone else’s thoughts and ideas… There is
no place for mindless copying of others’ art in a
meaningful art program.‖
Viktor Lowenfeld 1987
40. Digital Media
Digital Media is covered under the same
copyright laws as other media
Digital Media covers other media including
print, music, art, multimedia
Special laws have been passed to cover
unique situations created by technology
41. Digital Media Legislation
Computer Amendment of 1980 – protects
computer software
No Electronic Theft Act – NET Act – 1997
– protects software and digital recordings
The Digital Millennium Copyright Act of
1998 -
42. The Digital Millennium
Copyright Act
President Clinton signed the act into law on
October 28, 1998
Covers code-cracking technology
Internet provider regulations
Submission of recommendations for
promoting while protecting distance
education will be coming
43. Internet Use
Copying information from one website to
another is not permissible
Using copyrighted material from the web in
a multimedia production with authorization
is permissible
Copyrighted images on the web must be
displayed with the creator’s name and
authorization
Copying source code is not permissible
44. Website Linking & Posting
Follow the directions for linking provided
by website
If there are no directions provided, ask for
permission from the webmaster or e-mail
address provided
Creating a link from one website to another
is permissible if the words describe
accurately what is being linked to
45. West Fargo Public School
WebPages
There are many rules relating to proper
posting and safeguards for educational sites
The WF School District does not sponsor
personal or classroom websites because
they are difficult to monitor
If you wish to post sites and/or documents
for classroom use, see your librarian or e-
mail Peggy Spitzer, our district webmaster
46. E-Mail
Posting or forwarding an e-mail message
without the consent of the author is not
permitted
Be careful when sending E-mail. E-mail
messages can be tracked to their sources
The same laws apply to e-mail and posted
mail (terrorism, threats, etc)
47. Postings on Chat or Usenet
It is illegal to print or post an individual’s
posting without written permission from the
author
If you read something that you would like
to share with others, try something like:
I heard in the copyright newsgroup
that most people are not aware of the
laws related to cyberspace.
48. Passwords
Using or sharing a password which provides
controlled access to information is not
permitted (user account or database access)
Any attempt to circumvent any protection
measure is not permitted (password or form
of encryption)
49. Software
Creating or using code-cracking software is not
permissible
―Personal‖ versions or copies of software are not
permissible on district computers
Making personal copies of district software is not
permissible
Appropriate documentation of all software must be
maintained by the buildings or district
50. Scanners and CD Writers
It is illegal to scan or alter images for the
purpose of fraud (false ID, printing money,
etc.)
It is illegal to save any copyrighted
materials in any form using district
equipment
51. Copyright Information
Use our library website to access these and
other links:
What is Copyright?
Copyright and Fair Use
United States Copyright Office
This site also provides all materials
presented today
52. Bibliography
Althouse, Jay. Copyright: The complete guide for Music Educators.
Van Nuygs, CA: Alfred Publishing Co., Inc., 1997.
Bielefiled, Arlene. Technology and copyright law. New York: Neal-
Schuman Publishers, 1999.
Copyright Implementation Manual. 30 May 2001. Media Technology
Services, Groton Public Schools. 17 July 2001
<http://groton.k12.ct.us.mts.egtoc.
Copyright Law of the United States. Library of Congress, 15
November 2001. http://www.loc.gov/copyright/title17/
Darraby, J. L. Art, artifact and architecture law. New York: Clark
Boardman Callaghan, 1995.
The Digital Millennium Copyright Act. UCLA Cyberspace Law and
Policy, 15 November 2001. http://www.gseis.ucla.edu/iclp/dmca1.htm
53. Bibliography cont.
Digital Millennium Copyright Act Guide. American Library
Association Washington Office Newsline, 15 November 2001.
Volume 7, Number 125, October 13, 1998
http://www.ala.org/washoff/alawon/alwn7125.html
Federal Crime Statues. Laws and Texas Tech University System
Policies Affecting Computer Use, 15 November 2001.
http://www.itts.ttu.edu/documentation/lasws/lpc3.html
Lowenfeld, Viktor. Creative and mental growth. Englewood Cliffs,
NJ: Prentice Hall Career and Technology, 1987.
McFarland, Thomas. Originality and imagination. Baltimore: John
Hopkins University Press, 1985.
O’Mahoney, Benedict. Usenet Newsgroups. 15 November 2001.
Copyright Website
http://www.copyrightwebsite.com/digital/usenet/usenet.asp
54. Bibliography cont.
O’Mahoney, Benedict. Website Issues. 15 November 2001. Copyright
Website
http://www.copyrightwebsite.com/digital/webIssues/webIssues.asp
Reproduction of Copyright Office 17 July 200 1
http://lcweb.loc.gov/copyright circs/ Copyrighted Works by Educators
and Librarians. Circular 21. Washington, DC: United States
circ21.html
Reynolds, Sir Joshua. Discourses in art. San Marino, CA: Huntington
Library, 1959.
Simpson, Carol. Copyright for schools: a Practical Guide.
Worthington, Ohio: Linworth Publishing, 2001
Spatt David M. Ocean State Lawyers for the Arts Arts & Law Home
Page. 1997 http://www.artslaw.org/
55. Bibliography cont.
US Copyright Office Reproductions of Copyrighted works
by Educators and Librarians, Circular Washington, DC:
Library Of Congress,
Woody, III , Robert Henley and Robert Henley Woody, II.
Music Copyright Law in Education. Bloomington,
Indiana: Phi Delta Kappa Educational Foundation, 1994.
56. Copyright Curriculum Writing Project
Team
Richard Cwikla – Multimedia
Susan Jordahl – Music
Brenda Luthi – Images
Mary Soehren – Printed Material
Peggy Spitzer – Digital Media
