keys to understanding copyright presented by laura j. toki assistant director curriculum, training...

Keys to Keys to Understanding CopyrightUnderstanding Copyright

Presented by

Laura J. Toki

Assistant Director

Curriculum, Training and Development Services

Appalachia Intermediate Unit 8

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““Fair Use”Fair Use”

Definition: Legal right to copy a limited amount of material under certain conditions without undue harm to the owner

Four Factors:1. Purpose and

character of use2. Nature of

copyrighted work3. Amount and

substantiality of portion used

4. Commercial value of the item

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Face-to-Face Teaching ExemptionFace-to-Face Teaching Exemption

Permissible to use copy protected material in a non-profit educational institution with the following conditions:

1. As part of the instructional program

2. By students, instructors, or guest lecturers

3. In a classroom or school location devoted to instruction (e.g., library, gym, auditorium, etc.)

4. In a face-to-face environment or where students and teachers are in same building or area

5. Only to students and educators

6. From a legitimate copy with copyright notice attached

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Duration of CopyrightDuration of Copyright

Works copyrighted before 1978 are protected for 28 years with a renewal of 47 years

Works copyrighted in and after 1978 are protected for the life of the author plus 70 years

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Penalties for Copyright InfringementPenalties for Copyright Infringement

Statutory fines range from $750 to $30,000 per infringement

Each individual work constitutes a separate act of infringement

If court rules infringement was intentional, damages can go as high as $150,000 per instance

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Computer PiracyComputer Piracy Copy infringement of

computer software copyright

Felony status Fines up to $250,000 Making as few as 10

illegal copies with a total value of $2,500 or more is a criminal offense

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Liability: “Chain of Command”Liability: “Chain of Command”

If a teacher makes illegal copies on library-owned equipment, the librarian who loaned the equipment could be involved in the lawsuit

The principal, as instructional and administrative leader, must be aware of what happens in his/her school is potentially liable

Superintendent

Principal

Librarian

Teacher

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District Copyright PolicyDistrict Copyright Policy

If the district has an established copyright policy in place, liability begins and ends with the violator!

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District Copyright PolicyDistrict Copyright Policy

Tips for districts:

1. If you don’t already have a copyright policy, get one!

2. Train school staff members about what’s expected under the law.

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Digital Millennium Copyright Act of 1998Digital Millennium Copyright Act of 1998

Allows for conversion of works in “obsolete formats”

Says 3 digital copies of works in a library’s collection may be kept for preservation purposes

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Guidelines for Computer SoftwareGuidelines for Computer Software

1. Computer software may only be copied by the original owner

2. One archival copy may be made of a program, but only one disk may be used at a time; if this back-up disk fails, you have to buy the software again

3. Printed documentation accompanying software is also copyrighted; multiple copies for classroom use are not permitted

4. A single-user copy of a program may not be installed on multiple machines

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5. Multiple copies cannot be made for a lab situation; you have to buy additional software programs or additional licenses

6. Networking software is not covered under “fair use” – networking a piece of computer software ALWAYS requires a license in writing!

7. It is illegal to make a copy from a computer program acquired for preview purposes

8. “Public domain” software may be freely copied without licenses

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9. “Shareware” is copyrighted, but the author is using a “try-it-before-you-buy-it” method; once you’ve used and evaluated it, you’re expected to register and pay the fee

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Ask yourself:

“Are we reproducing this software because we don’t have the funds to purchase another copy?”

If the answer is “yes,” you have violated copyright law!

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Fair Use Guidelines for Fair Use Guidelines for Educational Multimedia (1997)Educational Multimedia (1997)

1. Permitted UsesEducators may perform

and display their educational multimedia projects, in the course for which they were created, in curriculum-based instruction to students:

a) Face-to-face instruction

b) For students’ directed self-study

c) As long as the technology limits access and prevents the making of copies of copyrighted material

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2. Time Limits Educators may also

use multimedia projects for up to 2 years after the first instructional use

After that, you need permission for each copyrighted portion

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3. Portion Limits Motion media: Up to 10% of the total or 3

minutes (whichever is less) Text material: Up to 10% of the total or 1000

words, whichever is less– Entire poem of less than 250 words– No more than 3 poems by one poet or 5 poems by

different authors– For poems over 250 words, 250 words may be

used, but no more than 3 excerpts from one poet or 5 excerpts from different poets

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Fair Use Guidelines for Fair Use Guidelines for Educational Multimedia (1997)Educational Multimedia (1997) Music, lyrics, and

music videos: Up to 10% of the work but no more than 30 seconds of the music or lyrics from an individual musical work

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Fair Use Guidelines for Fair Use Guidelines for Educational Multimedia (1997)Educational Multimedia (1997) Illustrations and

photos:– No more than 5 images

from one artist or photographer

– No more than 10% or 15 images, whichever is less, from a collection

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Fair Use Guidelines for Fair Use Guidelines for Educational Multimedia (1997)Educational Multimedia (1997) Numerical data sets:

Up to 10% or 2500 fields or cell entries, whichever is less

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4. Limits on Copying and Distribution

– Two “use copies”—one for use and one on reserve

– A back-up copy may also be made, but only used or copied to replace a lost, stolen, or damaged copy

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5. Notices of Attribution – Educators and

students must credit sources (i.e., author, title, publisher, date and location of publication) AND show copyright information (copyright notice, year of first publication, and name of copyright holder)

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VideosVideos

In order for schools to use videos in an educational program without paying royalties, they must meet all 4 of the following criteria:

1. Performance takes place in a classroom or other place of instruction in a nonprofit educational institution.

2. The performance is directed by students or teachers of the school.

3. The performance must be made in the course of face-to-face teaching activities.

4. The performance must be made from a copy of the work that was legally made or acquired.

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““Home Use Only” VideosHome Use Only” Videos If an educational

institution purchases a copy of this type of video, it IS permissible to use it for face-to-face instruction in the classroom

It MUST be incorporated as part of the program in which it’s being used

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Rented VideosRented Videos Same as “Home Use

Only” videos, unless the rental agreement limits this use (check your rental agreement!)

To show a video for reward, motivation, entertainment, or a fundraiser, public performance rights MUST be obtained!

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Off-Air Taping of TV ShowsOff-Air Taping of TV Shows

9 Guidelines:

1. Videotaped recordings may be kept for no more than 45 calendar days after the recording date

2. Videotaped recordings may be shown to students only within the first 10 days of the 45-day retention period

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Off-Air Taping of TV ShowsOff-Air Taping of TV Shows3. Off-air recordings must

be made only at the request of an individual teacher for instructional purposes, not by school staff in anticipation of later requests by teachers

4. Recordings are to be shown to students no more than 2 times during the 10-day period, and the second time only for necessary instructional reinforcement

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5. Taped recordings may be viewed after the 10-day period only by teachers to see if they want to buy it

6. If several teachers request the same program, duplicate copies are permitted, with all the same restrictions that apply to the original recording

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7. Off air-recording may not be physically or electronically altered or combined with others to form an anthology (even if they’re not shown in their entirety)

8. All copies of off-air recordings must include the copyright notice

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9. Guidelines apply only to nonprofit educational institutions, which are also “expected to establish control procedures to maintain the integrity of these guidelines.”

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Copyright and Print MaterialsCopyright and Print Materials

Single CopiesTeachers may copy for the purposes of

research, teaching, or preparation for teaching:

1. A book chapter2. A newspaper or magazine article3. A short story, short essay, or short poem4. A chart, graph, diagram, drawing,

cartoon, or picture from a book, newspaper, or magazine

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Copyright and Print MaterialsCopyright and Print MaterialsMultiple CopiesTeachers may copy for the purposes of research, teaching,

or preparation for teaching:1. Complete poem if less than 250 words and printed on

not more than 2 pages2. An excerpt of a longer poem, but not to exceed 250

words3. A complete article, story, or essay of less than 2500

words; or an excerpt, not more than 1000 words, from a larger printed work, not to exceed 10% of the whole

4. One chart, graph, diagram, cartoon, or picture per book or magazine

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5. Special works containing prose, poetry, or illustrations, but no more than 10% of the total

6. Only 2 pages of a “picture book,” as long as they don’t comprise more than 10% of the book

7. All previously-listed documents must bear the copyright notice

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Three tests for educational “fair use”:1. Brevity (see 3 previous slides)2. Spontaneity – Decision to use a work must

occur so soon prior to use that there is insufficient time to request and receive permission from the publisher to copy the work

3. Cumulative effect – Copying is not a substitute for the purchase of books and magazines

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Other Limit Considerations1. Copying done for one course only2. One work from a single author3. No more than 3 authors from a collective work4. No more than 9 instances of such multiple copying in 1

class term5. Copies can’t replace anthologies or collective works6. Copying of “consumable” works (e.g., workbooks,

answer sheets, etc.) is absolutely prohibited7. Same item not reproduced term to term8. No charge made to students beyond actual photocopying

keys to understanding copyright presented by laura j. toki assistant director curriculum, training...

Documents

copyrighted material

item slide

instance slide

copyrighted portion

fair use guidelines

piece of computer software

networking software

instructional use