Professional Development for Media and Technology

Copyright Wisdom for Music and Digital Copyright

Presented by: Barry S. Britt

This presentation will be published online at www.soundzabound.com.

DON’T DOWNLOAD THIS SONG!!

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“If you have illegal Peer to Peer sharing devices on your home or school computer - such as Kazaa or Limewire - get rid of it, it’s not worth it!”

- Barry S. Britt

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During the 2005–2006 school year, a large and affluent school district with large media programs for the students running their own cable station, was insistent that they were operating within the guidelines of “Fair Use,” using only portions of songs, not for profit.

The district personnel did not understand the proper meaning of “Fair Use,” and were forced to explain their actions to authorities. Although sure that their “Fair Use” explanation would hold up, the district was cited in 38 various law suits totaling over $30 million. Upon further research, the authorities also discovered peer-to-peer sharing of illegal music files among students, and filed separate lawsuits against the parents of guilty students. One girl had shared over 5,000 illegal downloads, and her current fine is at $3 million.

WHAT IS LEGAL USE?

Purchased from a legal distributor for:

Home use Personal use

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WHAT IS EDUCATIONAL USE?“Educational Use” refers to the

Fair Use Guidelines for Educational Multimedia

The Conference on Fair Use met in 1997 in order to establish some guidelines for educational use.

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“If you are having to talk about Fair Use, then you’re already in trouble.”

- Michael Brown,

NY Copyright Attorney

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Section 1.1

“…only the courts can authoritatively determine whether a particular use is fair use,…”

FAIR USE GUIDELINES

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Section 1.1

“…uses that exceed these guidelines may or may not be fair use.”

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FAIR USE GUIDELINES

Crediting the source must adequately identify the source of the work, giving a full bibliographic description where available (including author, title, publisher, and place and date of publication). The copyright ownership information includes the copyright notice (©, year of first publication and name of the copyright holder).

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FAIR USE GUIDELINES

Section 6.2 – Attribution & Acknowledgement

Section 6.7 - Licenses and Contracts

Educators and students should determine whether specific copyrighted works, or other data or information are subject to a license or contract. Fair use and these guidelines shall not preempt or supersede licenses and contractual obligations.

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FAIR USE GUIDELINES

EDUCATIONAL USE

1997

Fair Use Guidelines for Educational Multimedia

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EDUCATIONAL USE

2008http://www.copyright.gov/fls/fl102.htmlThe distinction between “fair use” and

infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Fair Use Guidelines for Educational Multimedia

Section 3.2.3

No web publishingNo www.youtube.com

Must be on a secured, password protected network

No copies

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FAIR USE GUIDELINES

Important Points

Relevant to course content Used for face to face instruction on a

closed network No duplication for distribution Credit/ cite the copyright holder One-time use

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FAIR USE GUIDELINES

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Legal – The law is the law, and we as educators have a responsibility to obey the law in our classroom setting.

Ethical – If we do not obey the copyright laws, then what are we teaching our students about ownership and legal issues?

Ownership – You do not own the music or material. It is not yours to use outside of home and personal use.

L.E.O.

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“Every person who writes a document published on the internet, who creates a graphic or icon, who scans his own photograph or records his own voice into a digital file, who sends an electronic mail message, who creates a document for a newsgroup, or who designs a web page owns the copyright to his creative work.”

- Carol Simpson, “Copyright for Schools”

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“Technology has always challenged laws and policies.”

- Glenda Morgan, Director of Technology and Learning Initiatives, George Mason University.

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Important Points

1.It is easier to infringe on someone’s © or ®, ™, (circle P) or other intellectual property.

1.It is easier for them to see me do it!

DIGITAL CONTENT

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What would you do?

I’m doing a report on the war in Iraq. Can I incorporate some photos I found on the internet?

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I printed out some pages from the internet that pertain to my lesson. Is this okay?

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If I find a newspaper article online or in print which supports my research, can I use it?

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Do I need permission to put a link to another website on my page?

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I found a video on YouTube which supports my project for education – can I use it?

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I know that some teachers are showing movies as “rewards” for students; should I be concerned?

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Several teachers want to view a video at the same time. Can we do this through a video distribution program?

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Can I show just a clip from a movie?

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We’re studying classical music in our Music Appreciation class. Can we use a Mozart song in a PowerPoint presentation?

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We just completed our video yearbook. Can we post it on YouTube? Can we post it on our website?

http://www.youtube.com/watch?v=MlZ3EM4cmI8

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We did a pod-cast for teaching physical education to special education students at remote locations using pieces of copyrighted music. Is this okay to do?

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Can we post our pod-cast on our website?

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Is it okay to use pieces of copyrighted music in our pod-cast?

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NOT SMART QUESTIONS

If I charge a donation to see the talent show, but don’t pay fees for the music I’m using, is that a problem?

If I purchase a song on I-Tunes, can I use it in our video yearbook?

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NOT SMART QUESTIONS

If we use a song to accompany a slide show without permission from the composer, is that wrong?

If our students’ new TV station is using a piece of a song for their theme song, without permission, is that a problem?

SO HOW DO WE, AS EDUCATORS, STAY COMPLIANT IN A DIGITAL ENVIRONMENT?

1. Use only course related content – don’t “stretch” it. If in doubt, don’t use a copyrighted piece without written permission.

2. Think.

3. Ask for permission.

4. Define education for your purposes… if you plan to claim “Fair Use.”

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5. Always document usage in your lesson plan.

6. Write a regional, district, school wide, or even classroom copyright policy statement to which all users must agree.

7. Use legitimate (legal) royalty free music, images, photos, and properly licensed video.

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Professional Development for Media and Technology

Digital CopyrightsPresented by: Barry S. Britt

This presentation will be published online at www.soundzabound.com.