Copyright PresentationAdrienne Bell

Copyright for Educators

• There are copyright rules educators must follow as they conduct instructional activity involving copyrighted material in the classroom.

• Educators must be aware of copyright law and items of major concern are shown in this presentation.

Fair Use

Fair Use is an exception to the copyright law which allows you to use portions of copyrighted material for the use of commentary and critism. Some examples are news reporting, research, teaching, library archiving and scholarship.

Fair Use Conditions Considerations

• Whether your use will deprive the owner of income.

• The nature of the copyrighted work• Amount and substantiality of the portion

taken• Effect of the use upon the potential market• Are you good or bad?

Copyright Infringement

Penalties :• Actual dollar amount of damages and profit• $200-150,000 per work• Attorney fees and court costs• Court injunction to stop• Court can impound the illegal works• Jail

What to consider when using multimedia in the classroom

• Limitations of use:• Can create if for education purposes and can keep for up to two years.

Only two copies can be made, extra is kept as a reserve.• Can use 10% or 1000 words, whichever is less, of copyright text work• Up to 10% but not more than 30 seconds of the music and lyrics from an

individual’s music work• Up to 10% or 3 minutes, whichever is less, of a copyright motion media

work• A photo or illustration in its entirety, but no more than 5 images by the

same artist or photographer• Up to 10% or 2500 fields or cell entries from a copyrighted data base or

data table

Rules for Reproducing Text Materials

• Teachers may pass out a handout in class, but is limited to one copy per student and must the handout must carry a copyright stamp. The student cannot be charged for the copy more than the actual cost of the copy.

• During one educational term, can copy not more than one short poem, article, story, essay, or two excerpts may be copied from the same author. Also, not more than three from the same collective work or periodical volume.

• Cannot copy educational use material such as workbooks, texts, standardized tests• The following may be reproduced:

– Chapter from a book– Article from a periodical or newspaper– A short story; short essay or short poem– A chart diagram– Drawing carton– Picture from a book, periodical or newspaper

Rules for Reproducing Music

• A music teacher can copy less than 10% of copyrighted music and is limited to one copy. They cannot copy a whole song, section, movement, or aria. Each copy must contain the copyright stamp

• A student may record a single copy for the purpose of evaluation or rehearsal. The teacher can also keep a copy for aural exercises or evaluation.

• Copies may not be made:– To create anthologies or compilations used in class– For performances, but in an emergency copies may be made of purchased

copies– Of educational materialMusic that is out of print can be requested from the music publisher.

Using Film in the Classroom

• Only a legitimate copy which has the copyright notice may be used

• Must be part of the curriculum and not used for recreation or entertainment

• Can only be shown in a place devoted to instruction• Must be shown by educators or students and only shown to

other educators or students

Rules for Television Programs

• A recorded television program can be kept for 45 days, after which it must be erased or destroyed. During the first 10 days of the 45 day period, it can be used for evaluation by the teacher. If it is to be included in the curriculum, the teacher must obtain permission from the copyright owner.

• The program can be played once and can be repeated once.

Getting Permission

• Permission to use copyrighted work must be requested from the owner. If the owner is not known, the U.S. Copyright office will conduct a search for the owner for $165 per hour, with a minimum of two hours.

• Identify what copyrighted information is needed and how it will be used.

• Negotiate with the owner whether payment is required.• Get permission in writing.

Internet Posting

• Items posted on the internet are considered public domain

• Works that are posted can be slightly changed and someone else can identify themselves as the owner.

Resources

• U. S. Copyright office http://www.copyright.gov/• Stanford University http://fairuse.stanford.edu/• Brad Templeton – Ten Big Myths of Copyright

http://www.templetons.com/brad/copymyths.html

• Copyright Clearance Center http://www.copyright.com/