4. Mr. Jones has a computer program at home
that he thinks the students in his class will
benefit from. He brings in the program and
installs it on all three computers in his
classroom. Because the program is for use
by students and has met the spontaneity
test, he concludes that this is legal under
the Fair Use doctrine. Is it?
Yes No
5. What is Copyright Law?
Copyright is a form of protection
provided by the laws of the United
States (title 17, U. S. Code) to the
authors of “original works of
authorship,” including
literary, dramatic, musical, artistic, and
certain other intellectual works.
6. What is Copyright Law?
Protection is available to both published
and unpublished works.
7. Technology makes it easy to:
Copy
Use and
Distribute
Share
Excerpt &
Modify and
Quote
Repurpose
From
8. Copyright Rights
• Reproduce the
work in copies or
phonorecords
• Prepare derivative
works based upon
the work
• Distribute copies or
phonorecords of
the work to the
public by sale or
other transfer of
ownership, or by
rental, lease, or
lending
9. Copyright Rights
• Perform the work publicly, in the
case of
literary, musical, dramatic, and
choreographic
works, pantomimes, and motion
pictures and other audiovisual works
• Display the work publicly, in the case
of literary, musical, dramatic, and
choreographic
works, pantomimes, and
pictorial, graphic, or sculptural
works, including the individual
images of a motion picture or other
audiovisual work
• Perform the work publicly (in the
case of sound recordings*) by means
of a digital audio transmission
10. Popular Copyright Myths
If it’s on the internet it is in the public domain and therefore free
If there is no copyright notice, I can use the image
All educational use is fair use
If I alter the image I don’t need permission
If I don’t profit from it, I can use it
If I only use a part of the image I don’t need permission.
11. Copyright Tips
Limit use of
copyrighted When in
Give proper Assume it’s
materials to doubt, get
credit copy written!
your permission
classroom
12. Copyrightable Works
• Literary, musical and dramatic works
• Pantomimes and choreographic works
• Pictorial, graphic and sculptural works
• Sound recordings
• Motion pictures and other AV works
• Computer programs
• Compilations of works and derivative works
• Architectural works
13. What is not copyrightable
Ideas, procedures, methods, systems,
processes
Titles, names, short phrases, slogans
Facts, news, research
Works in the public domain
•Works created by US government employees
•Works with expired copyrights
14. Fair Use
Educators may use copyrighted materials
within their own classrooms without express
permission from the copyright owner.
15. Guidelines for Fair Use
• Character of the Use
• Nature of the material to be
copied
• Amount and importance of the
Fair use is analyzed part copied
using four factors: • Effect on market for permissions
17. Disclaimer
Only guidelines
The bigger Exceeding
the these may or
excess, the may not be
bigger the risk fair use
18. Video
Off Air Rented Videos TV Shows Video Portions for
•Show the tape within •They should be used •They can be Educational Use Backup copies
10 days, keep it for 45 to meet your duplicated, circulated, •10% or 3 may be made for
days, then erase it. instructional goal. and kept for one year. minutes, whichever is archival purposes
less, with proper or to replace lost
attribution.
or damaged
copies.
19. Music
You may copy up
to 10% of a
copyrighted The length of a
musical musical
composition as composition is
part of a sometimes cited as
multimedia project 30 seconds.
for educational
purposes.
20. Software
Software: You may
make one backup
copy.
You may not
transmit software Multiple copies are
through a network not allowed.
unless it’s freeware.
You may not make
You may not make
one copy for home
copies for a friend.
and one for school.
21. Print Materials: Single Copies
You may copy a chapter from a You may copy a short No consumables may be
book. story, essay, or short poem. duplicated.
You may copy an article from You may copy a You may not substitute copies
periodical or newspaper. chart, graph, diagram, cartoon, for books.
picture from a
book, magazine, newspaper.
22. Print Materials: Multiple Copies
3 per class from
Spontaneity: If it is used
collective
immediately after it is
works, excluding
copied and not
newspapers are
again, you may copy it.
permitted.
23. Copying from Books, Periodicals
• Teachers may make a transparency from a book or
periodical for classroom use.
• Teachers may copy materials and put them on
reserve at the library if the use is spontaneous and is
for educational purposes and does not violate the
fair use guidelines.
• A short story may be copied in its entirety if it meets
the criteria of brevity and was an inspiration of the
teacher for a unit she was planning (she did not
anticipate using the story ahead of time); she cannot
use the copied story the following semester.
24. Internet
• The same restrictions apply as for text,
recorded sounds, and images.
• Always credit the source of your information.
• Find out if the author has instructed you on
how his work is to be used. If instructions
exist, follow them.
• Whenever possible, ask the owner of the
copyrighted work for permission to use his
work and keep a written copy for your
records.
25. Copyright vs. Plagiarism
a legal right that
Copyright protects original
works
passing off
someone else’s
Plagiarism work as one’s
own
26. Creative Commons
Offers tools to give everyone
from individual creators to large
companies and institutions a
simple, standardized way to keep
their copyright while allowing
certain uses of their work.
27. Uses Creative People can upload
Commons licensing images and decide
to allow the sharing how they want them
of images. to be used by others.
28. The Internet
• A teacher gets clip art and music from popular
file-sharing sites, then creates a lesson plan
and posts it to the school Web site to share
with other teachers. This is permissible.
– True False
29. False
• Legitimately, acquired material can be used in
classrooms.
• However, under the current law, no teacher
can redistribute such material over the Net or
any other medium.
• You can use it, but you can’t spread it around.
30. Video
• A history class videotapes the Holocaust
survivor who lives in the community. The
students digitally compress the interview, and,
with the interviewee’s permission, post it on
the Web. Another school discovers the
interview online and uses it in their History
Day project. This is fair use.
– True False
31. True
• That’s the other side of fair use.
• Just as you can use other people’s intellectual
property for educational purposes without
permission, so can your own be used.
32. Video
• On Back-to-School night, an elementary
school offers child care for students’ younger
siblings. They put kids in the library and show
them Disney VHS tapes bought by the PTA.
This is permissible.
– True False
33. False
• Video (like everything else) is not covered
under fair use for entertainment or reward.
• Disney will sell you a one-time license for $25
that makes this legal use.
34. For more information please address all
correspondence to:
Robert R. Heinrich
Director of Academic Computing
The Richard Stockton College of NJ
609-626-6039
Email: robert.heinrich@stockton.edu
Hinweis der Redaktion
By the end of this presentation, you should feel better equipped identifying if a work is subject to copyright law, and, if so, applying fair use
Copyright law protects certain kinds of original works of authorship. These works may be published or unpublished. It gives the author of a work the legal right to determine how and whether or not their work is reproduced, distributed, displayed or performed. It also gives the author the right to control derivative works based on their original.
Copyright law in the United States is embodied in federal laws enacted by Congress. The current copyright law, the Copyright Act of 1976 (as amended), is codified in Title 17 of the U.S. Code.
Just because it is easy to copy something, it may not be ethical to copy it.Technology has made so much available to students and teachers.Technology makes projects and presentations exciting!Plan, prepare, ask for permission, and enjoy!
Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. If you want to use a protected work, you either need permission or coverage under one of the law’s exemptions such as fair use
The use of copyrighted work for educational purposes is allowable under certain limitations and is called “Fair Use”The Technology, Education and Copyright Harmonization Act (aka Teach Act) became law in 2002. As a result, copyright law provides educators with a separate set of rights in addition to fair use, to display and show or play others works in the classroom.
There are eight categories of copyrightable works.
Ideas, procedures, etc, are not copyrightable. An example would be a recipe. However, a compilation of recipes organized in a specific way can be copyrighted but the recipe itself is not copyrightable.Title, names, slogans, etc. are not copyrightable. An example would be Nike’s slogan of “Just do it”. However, even though it is not copyrightable, it does enjoy trademark protection.Facts such as standard calendars are not copyrightable.Works in the public domain. When a work is in the public domain it means that it can be used freely without obtaining permission or paying royalties. Basically works in the public domain include works created by U.S. government employees and works whose copyright has expired.
There are four guidelines to be used to determine use of intellectual property for educational purposes. Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology. If the use is nonprofit, educational or personal then it weighs on the side of fair use. If the use is commercial, entertainment or for profit then that tends to weigh against fair use. Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable. If the work is published or facts then it weighs in favor of fair use. On the other side though if the work is fiction which involves more creativity then it would weigh against fair use as would the use of unpublished material. Remember the author has the right to determine when their work is first published so if the use would constitute publication then it would violate the author’s right to be the first to publishProportion/extent of the material used: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use. The third factor revolves around the amount of the work that is used. This is probably the most confusing and difficult factors to assess. The various guidelines are usually cited in this factor. If it is a small amount or the amount used is not significant to the work then it will weigh for fair use. However, if the small amount could be considered the heart of the work then that would weigh against fair use as well as if a large amount of the work was used. The effect on marketability: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use None of the 4 factors alone constitutes fair use. Even though materials may be copied for educational purposes, the other standards must be met.
This is one of the most controversial areas of the copyright law. In section 110(1) almost anything is allowed in face-to-face teaching. However, in contrast section 110(2) which is referred to as the distance education clause because it is about transmission is very limited. Most types of displays are allowed but the types of performances that are allowed are severely restricted. This section only allows the transmission of non-dramatic literary works or music. This clause also requires that the transmission be received in classrooms or other places devoted to instruction AND that the students that receive such transmission cannot attend classes due to either disabilities or special circumstances. Technology, Education and Copyright Harmonization Act of 2002 Total revision of distance education exemption Attempts to equalize distance education and classroom teaching
Poetry: You may copy fewer than 25 words or two pages.Prose: You may copy fewer than 10,000 words or less than 10% of long works.Picture books: Only 2 pages are permitted.Illustrations: One chart, graph, drawing, cartoon, diagram, or picture per book or periodical issue is permitted.
Consumables may not be copied. If fair use applies, materials may still be copied, even if they are marked as follows: “All rights reserved. No part of this book may be reproduced or utilized in any forms or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.” If a book has no copyright, it may still be illegal to copy it unless there is a notice stating that it is in the public domain. When in doubt, don’t copy it. Using portions of songs or speeches is okay; using the entire work is not. Adding or changing the lyrics of a song changes the fundamental character of the work and is not allowed under copyright guidelines unless the changes are meant as parody.Emergency copying is allowed to replace the original copies. However, duplicates must be replaced by the originals.
CopyrightFederal lawLegal penalties for infringementFair use exemptionPlagiarismUnethical but not necessarily illegalMisappropriation of someone else’s workLack of attribution
As an educator, if you are looking for something quick and you do not want to worry about fair use, the perfect solution is Creative Commons. Creative Commons is a nonprofit corporation that makes it easier for people to share and at times modify the work of others under simple guidelines without violating rules of copyright. They provide free licenses that allow the creator to share their work with others in the way that they prefer.
This can prove to be a treasure trove for educators and students. Using advanced search, you can look for photos, of gators for example, that have Creative Commons licensing.