Original works that are fixed in any tangible form.

Includes things that are ◦ Written, Filmed, Recorded◦ Sung, Painted, Sketched◦ Spoken, Broadcast, or Published (Web)

Exclusive Rights* to: Reproduction of the work. Derivative works. Distribution of the work. Transfer of ownership. Public performance. Public display.

*: Copyrights Act. 17 U.S. Code. 1976. Public Law 94-553, Section 106

Registration is NOT required.

Copyright Symbol is NOT required.

Permission for use is REQUIRED from the copyright holder regardless of:

Size/Amount of material used. Credit given to creator. Intent of user is positive or beneficial. Free or non-profit use. Availability on the WWW.

Criticism (film clip during a review)

Comment (satire: 2 Live Crew/Roy Orbison)

News Reporting Scholarship Research Teaching

1. Nature/Character of the Use:Education or Reward?

2. Nature of the Original Work:Was the work designed for schools to purchase?

3. Amount of the Portion Used:Smaller the amount the more it is seen as Fair Use.

4. Effect of the Use on the Work:Are you ripping someone off? Does this use prevent

future purchases??

The media MUST be used as part of a lesson plan and NOT as a

reward or for entertainment.

Copyright: Critical Component

You are teaching a unit on “culture” in your high school Sociology class. Late one Saturday night, you are reading a chapter from Napoleon Chagnon’s The Fierce People. You decide that it would be perfect for your class to read as an introduction to the Yanomamo people. You copy the chapter and distribute it to your students.

Have you violated copyright?

What if you re-use the copied chapters the following year?

For educational use, a teacher may make a single copy of a chapter, article, short story, etc.

Multiple Copies may be made for a class (1 per student) *if* it meets the spontaneity test. ◦ The inspiration to use the materials MUST have

occurred close to the use…prevented purchase or permission.

Copying must *not* substitute for a purchase.◦ Does not allow for reproduction of consumables:

Workbooks, study guides, etc.

Your geometry students have worked very hard during the semester. Prior to the winter break…you decide to reward them with a movie for the last 2 days. (This also gives you a chance to finish your grades!)

You bring in your copy of Dances with Wolves. And let the kids relax.

Have you violated copyright?

What if you used this video along with a lesson plan on the historical transition of Native Americans and coupled it with

a comparison of the video with a supplementary article?

You may use a videotaped version of a broadcast for 10 school days.

Retain a videotaped copy of a program for 45 days (evaluation purposes)---after which it must be erased.

Some channels grant unique rights to educators---check with them directly. (Discovery, History, PBS, etc)

May make an archival copy of videos that you have purchased.

Media Specialists may not record a program without instruction---a teacher *must* request it.

• Passed 1998• Publishing to the Web is the SAME as publishing a

book.• All of the print regulations apply!• All “things” online are protected by copyright!

For educational use, a teacher (or student) may make a single printed copy of a chapter, article, short story, etc. regardless of their offline/online status.

Multiple Copies of an online or printed item may be made for a class (1 per student) *if* it meets the spontaneity test. ◦ After period of spontaneity has passed---must

request permission from the copyright owner TO MAKE PRINTED COPIES FOR USE IN YOUR CLASS.

You may NOT re-publish to the WWW without copyright permission.◦ This act is similar to re-publishing a book.

Generally covered by Fair Use (must be legitimate lessons!)

Include a line describing the use of certain graphics, etc. as Fair Use. (credit the owners!)◦ Natural Teaching Moment to discuss Copyright!

Projects and the media which is used MUST be linked to a specific lesson plan or course objective.Ex: Student is creating a Website on the Civil War.

Use of “Dixie” midi file as a background sound= permissible. Use of “Thong Song” MP3 file as a background noise would

not.

A student of yours develops a Website as a project for your health class. He found several dynamic digestion animations on the WWW. He incorporates them into this project which is stored locally (on a disk).

Did he need the permission to use these graphics?

What if he decides to publish this site to the WWW without permission?

Can you share this site with your fellow teachers over the school’s LAN without permission?

Can you burn it to a CD and distribute it throughout the state without copyright permission?

Example #3

Yes…

As long as they are used in conjunction with an educational objective or lesson.

Once taken out of an educational situation, the materials no longer fall under Fair Use.

May not be distributed for profit or gain. May not be re-published to the WWW!

A student brings in an audio cassette copy of the national anthem that he copied from an audio CD lent to him by a friend. Another student digitizes this into a Hyper Studio stack. Is this Fair Use?◦ NO! For Fair Use to work…the copy *MUST*

be legally obtained. The student was using an unauthorized copy.

◦ Francis Scott Key may be long gone, but the orchestra that recorded the music is probably still “stringing along”.

You MAY: Make 1 back-up copy of purchased software. Install 1 copy onto the hard drive. Adapt a program from one language into another---

if it is not available in that language.

You MAY NOT: Make multiple copies of a copyrighted program. Make copies to sell, lease, loan, or give away. Sell an adaptation of the program. Put a single copy on a network without specific site

licenses.

My students designed an educational Website…can they keep it in their portfolios?◦ YES! This applies to all projects created/used

educationally. (may want to include a credit line!)

As a class project, my student created a great tutorial on first aid. She used several graphics from the Web. Can we load that tutorial onto a CD-ROM and distribute to other schools?◦ Not without permission from the individuals who

hold the copyright for the graphics. (Issues of Distribution)

As the Tech Coordinator for my school, I’d like to use several Disney characters on our main homepage…Is this covered under Fair Use?◦ NO! It is not directly related to an educational

objective AND you have re-published it. You MUST get the permission from the copyright owner!

Follow the Copyright Law.

Ask for permission.

Do *not* re-publish items to the WWW without express permission.

Purchase Royalty-Free Clip/Audio Galleries. May be purchased in collection form. Double Check the fine Print Agreement Hard Copy Print it out; Label it; Store it in a folder

Teach your students to be responsible for their resources. (PROPER CITATIONS!)

Questions??