Unlocking the Copyright Puzzle.

How copyright applies to classroom teachers.

Shannon Lopez

LI 550

Introduction:

What is a copyright? What kinds of materials are copyrighted? What is Fair Use? How can I use copyrighted material in my

class?

What is a copyright?

“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. This protection is available to both published and unpublished works,”

“Library Terminology Guide.” Auria Library 05-17-06. http://library.auraria.edu/findit/gen_guides/libterm.html#C . 05-16-06.

What types of works are covered by copyright? Literary Works- includes fiction and

nonfiction works Musical Works Dramatic Works Pantomimed and Choreographic Works Pictorial, Graphic and Sculptural Works Motion Pictures and Audiovisual Works Sound Recordings

Literary Works

Books-fiction and nonfiction Periodicals Manuscripts Plays Poetry Letters, diaries and journals Speeches

Literary Works continued

Newsletters Manuals and

Textbooks Compilations of

Information Leaflets and

Pamphlets Technical Writings

Catalogs and Directories

Reference Books E-mail Advertisements Forms Computer Programs

Information Givers

Musical Works Lyrics Musical Scores

Dramatic Works Plays Dramatic Readings

Choreographed and Pantomimed Works Must be recorded or notated (tangible)

Pictorial, Graphic and Sculptural Works

Paintings, Prints and Lithographs

Photos Maps and Globes Technical Drawings Diagrams

Models Sculptures Architecture Web Graphics and

Pages Digitized Images

Motion Pictures and Audiovisual Works Movies Filmstrips Videos Multimedia Presentations TV programming Slide Presentations

Sound Recordings (Phonorecords)Physical objects which hold sound Records Tapes Cassettes Computer Disks

What is Fair Use?

Fair use allows for the limited use of copyrighted material for certain purposes. Those purposes include:

•Instruction

•News reporting

•Criticism

•Comments

•Scholarship

•Research

Title 17, section 107, United States Code

Guidelines for Using Copyrighted Material in Class

Print Materials

•Entire article, story or essay if it less that 2,500 words

•Entire poem if it is less than 250 words, 250 word excerpt if longer.

•Longer works, for example books, 10% of the work or 1,000 words, whichever is less.

•May use in multimedia presentations.

•Copies must be from legally acquired originals.

•One copy per student.

Illustrations, Graphics and Photos

•One chart, picture, diagram or cartoon per periodical issue.

•Maximum 5 images by a single artist or photographer may be used.

•From a collection, only 15 images or 10% of the collection, whichever is less may be used.

Music for Integration into Multimedia or Video Projects

•Up to 10% or 30 seconds, whichever is less, of a copyrighted musical composition may be reproduced, performed and displayed as part of an educational program produced by an educator or students

Music and Play Performances

•Requires permission from copyright holder.

Video for Viewing

•May show videos, DVDs and laserdiscs in class for instructional purposes.

•Must be legitimately acquired through purchase or rental.

•May copy if replacements are not available at a fair price or in a viable format.

•This does not include transferring from video to DVD, if a DVD copy is available for purchase.

Video for integration into multimedia presentations

•Includes videos, DVDs, laserdiscs, multimedia encyclopedias, and video clips from the Internet.

•May use 10% or 3 minutes, whichever is less.

•Must be legitimately acquired.

•Must give proper attribution to copyright holder.

Computer Software (Purchased and licensed)

•May be installed on multiple computers and distributed via a network. A network license may be required.

•May be installed on school or home computer.

•Number of users and machines should not exceed the number of licenses.

•Cannot be copied, except by librarian for archival or replacement purchase. If software is still available at fair price a replacement copy should be purchased.

Internet

•Images, sound files and video may be downloaded as long as they meet the Fair Use requirements of the material type. For example only 5 photos from one photographer.

•Do not repost resources to Internet without permission.

•Link back to legitimate resources.

•Any resources you download should have been legally acquired by the web site.

Television Programs

•Broadcasts which come from stations such as ABC, NBC, CBS, UPN, FOX, PBS and local stations may be used for instructional purposes.

•Must be shown within 10 days of the broadcast. Copies must be destroyed after 45 days.

•The exception are most shows on PBS. PBS generally allows teachers to show broadcasts for one year after the original broadcast. Check out http://www.pbs.org/teachersource/tvteachers.htm

•Cable channel (CNN, HBO, etc…) may be used with permission. Check out Cable in the Classroom at http://www.ciconline.org/default.htm for more info.

Best Practices

•Always give credit for other people’s work you use.

•Familiarize yourself with Fair Use guidelines.

•Obtain written permission to use material from copyright holder if use does not fall under Fair Use.

•Check with your school LMT if you have questions regarding copyright issues.

BibliographyBoard Policies Murrieta Unified School District BP6162.6 (a). 9May, 1990. http://www.murrieta.k12.ca.us/Policies/bpTableOfContents.html . 17 May 2006.

Cable in the Classroom. 18 May, 2006. http://www.ciconline.org/default.htm

“ Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code” Circular 92 US Copyright Office. http://www.copyright.gov/title17/92chap1.html#107 . 17 May, 2006.

Davidson, Hall. “The Educator’s Guide to Copyright and Fair Use.” 15 October, 2002. http://www.techlearning.com/db_area/archives/TL/2002/10/copyright.html 17 May, 2006

“Library Terminology Guide.” Auria Library 05-17-06. http://library.auraria.edu/findit/gen_guides/libterm.html#C . 05-16-06.

Newsome, Cathy. “A Teachers Guide to Fair Use and Copyright.” 1997. http://home.earthlink.net/~cnew/research.htm . 16 May, 2006

Public Broadcasting Service, Copyright and Taping Guidelines. 18 May, 2006. http://www.pbs.org/teachersource/tvteachers.htm