The document discusses several scenarios related to using copyrighted material in teaching and provides responses with guidance. For using a single page from a textbook, technically permission is needed but prosecution is unlikely unless large amounts are distributed. Copying audio files for personal use is allowed but not for audience use without permission. YouTube videos can be used if they have open licensing; otherwise permission is needed. Articles from websites cannot be freely copied without permission from the copyright holder. Pictures found online through image searches are not copyright free and permission is needed to use them.
2. Copyright – What can we do?
Scenario 1
I find that I want to make photocopies of a single page from a coursebook to give to
my students in class. I don't want to (or I can't) use the whole coursebook - but this
one page has exactly what I need.
3. Copyright – What can we do?
Scenario 1
Technically you would need permission. However, it is highly unlikely that a teacher would
a) get caught and reported and
b) be prosecuted.
But if you distribute the content online, and the copyright holder were to discover
this, then they would likely request that the teacher remove the material. If the teacher
refused, then the next stage would be a cease and desist letter. Litigation would be unlikely
unless significant amounts of material were being distributed. If a charge were being
made, then there would be a significantly increased change of litigation.
4. Copyright – What can we do?
Scenario 2
I like to copy CDs onto my hard drive so that I can carry the audio files with me (on
my laptop or mp3 player).
5. Copyright – What can we do?
Scenario 2
Maja: As long as the audio files on your laptop or mp3 player are meant for your personal
use, you may make a copy. But it is illegal to reproduce any digital versions of a CD, if the
aim is to play the audio files to an audience or a classroom. You need the permission of the
copyright holder.
Matt: If the audio CD in question is a teacher’s CD designed to accompany a course
book, then there is at the very least an implicit license granted for classroom use. As long as
the teacher owns the CD, it may be copied onto any other device. The legal issues are a
little more complicated, but in brief – the teacher need not fear litigation.
6. Copyright – What can we do?
Scenario 3
I like using YouTube videos in class. If there is no internet access in the classroom, I
download the video at home and take it into class on my laptop.
7. Copyright – What can we do?
Scenario 3
Maja: Check if the video has a Creative Commons licence.
Matt: Or similar. I would not advocate the use of such material where the teacher in
question does not actually own a hard copy.
8. Copyright – What can we do?
Scenario 4
I like to use current articles from the news so I make worksheets by copying and
pasting articles from the internet.
9. Copyright – What can we do?
Scenario 4
Maja: The fact that an article or a story is online does not mean that it can be copied
freely, unless the permission to do so is given on the website itself. If you wish to use
articles from the Business Spotlight website, you have to get our permission to do so.
Teachers can use Business Spotlight material if they work for a state school - we have
created special subscription models for teachers and their students. And even if the
permission has been given to use certain materials, the source still has to be given in full:
title, author, page, publisher, year.
Matt: Would Business Spotlight really try to sue a teacher who was using a single
photocopied article? I suspect the backlash would be great, the case would be refused by
the courts and BS would end up looking ridiculous. However, this is not the same situation
as where an institution makes unlicensed pdfs of copyrighted material available on their
intranet without the permission of the copyright owner.
10. Copyright – What can we do?
Scenario 5
I like to liven up my worksheets by adding pictures that I have found on the internet
(e.g. on Google images).
11. Copyright – What can we do?
Scenario 5
Maja: Pictures on Google images are not copyright free. You still have to get permission to
use them.
Helen: You can do an advanced search on Google for images that are labelled for reuse.
Pictures on www.flickr.com/photos/eltpics are shared under a creative commons licence
(see http://sandymillin.wordpress.com/2011/05/18/how-to-join-in-with-eltpics/)
Matt: The above analysis is absolutely correct. Teachers should use pd material where
possible. However, I have yet to hear of a teacher being sued for using such a picture in
class.
12. Copyright – What can we do?
Please note
Maja: In Germany, VHS (adult learning state schools) have an agreement with the VG WORT
(English equivalent: Copyright Licensing Agency?) which allows them to copy up to 12% of a
publication (max. 20 pages) as well as all pictures, diagrams and illustrations.
13. Copyright – What can we do?
Some more scenarios from the survey
1. Can I use photos from magazines and catalogues?
Not without their permission, but eltpics has a bank of photos you can use (more
about that in Part 3).
2. Can I adapt photocopiable games for my own grammar or vocabulary?
Yes, you can copy ideas but not content.
14. Copyright – What can we do?
3. Can I scan or copy and paste articles and send them to my students?
No, this is not allowed. If the article is available on the internet, send the link to your
students instead.
4. Can I copy articles/texts from my client's website and make worksheets out of
them?
You need to get permission from the company as the website content belongs to
them.
5. Can I play DVDs or music CDs in class?
In Germany you need to get permission from GEMA (www.gema.de) to do this.
15. Copyright – What can we do?
6. Can I record the news or download a news podcast and play it in class?
Technically this is not allowed but it’s unlikely that you will be prosecuted if you do
so. State schools and VHSs are permitted to use short news items. If you want to
cover breaking news in your class, there is a wealth of ready-made lesson plans at
breakingnewsenglish.com
7. Can I photocopy articles from Spotlight for my VHS classes?
Yes – state schools and universities, including the VHS, have an agreement that
allow them to photocopy up to 12% of a publication.
8. Can I copy graded readers for my students?
No – even if you work in a state school, this would be more than the permitted 12%.
16. Copyright – What can we do?
9. How can I stop my students plagiarising work?
Tell them about real examples of people whose careers were destroyed through
plagiarism (e.g. German Defence Minister Karl-Theodor zu Guttenberg). Use a
plagiarism detecting tool, such as Turnitin.
10. What can I upload to Moodle or other LMS?
Anything that you have created yourself and doesn’t infringe copyright.