What Educators Need to What Educators Need to Know About Copyright Know About Copyright

LawsLaws

Presented by: Donna Tran

October 28, 2009

Copyright InfringementCopyright Infringement

What is it? What are the penalties?

Duplicating another person’s material to use without permission/license.

In the classroom, it could be the duplication of academic materials like Target Math, Lone Star, Units of Study, etc.

$150,000 can be awarded for each willful act of infringement.

Ignorance of the law is no excuse.

Good faith fair use defense: applies to individuals who reasonably believe they followed the fair use policies (damages are not awarded).

Fair UseFair Use

What is it? ExamplesA defense against

infringement (illegal use).

The copying of copyrighted material used for a limited time or for a “transformative” purpose (to comment on, critique, or parody).

Do not need permission from copyright owner.

Teacher or student copies a few paragraphs from an article for a lesson/assignment.

Quoting a few lines from a song for a music review.

SNL

What is protected by What is protected by copyrights?copyrights?Original works of authorship:LiteratureDramaMusicPoetryComputer software Architecture

What is not protected?What is not protected?FactsIdeasSystemsMethods of operation

Material must have existed in some physical form for a period of time in order to be protected

What does this mean for students and teachers?

Guidelines for projects and assignments…

Considerations when using Considerations when using multimedia in the classroom…multimedia in the classroom…Purpose and character of your useNature of the copyrighted work Amount and substantiality of the

portion takenEffect of the use upon the potential

market.

4 factors judges consider in court

Guidelines when using Guidelines when using multimedia in the classroom…multimedia in the classroom…Limit what is used & don’t make

copiesFair use will “expire” after 2 yearsPermissible for:

◦class assignments ◦curriculum materials ◦remote instruction ◦exams◦student portfolios◦professional development

Guidelines for using someone Guidelines for using someone else’s words…else’s words…Complete poem < 250 words Excerpt < 250 words from a longer

poem Complete article, story < 2,500 wordsExcerpt from any prose work < 1,000

words or 10% of the work whichever is less

One chart, graph, diagram, drawing, cartoon or picture/book or periodical issue.

Guidelines for using another’s Guidelines for using another’s musical score…musical score…Up to 10% (no more than 30

seconds) of the music and lyrics from an individual’s musical work may be reproduced or incorporated as a part of a multimedia project.

For more information:(http://www.mpa.org/

copyright_resource_center/)

Guidelines for using film in the Guidelines for using film in the classroom?classroom?

Up to 10% or 3 minutes, whichever is less, may be reproduced or incorporated as part of a multimedia project created.

Guidelines for taping something off Guidelines for taping something off the TV to use in the classroom…the TV to use in the classroom…

Only programs broadcast to the general public may be taped.

The school should do the recording.Recording may be shown only during the

first 10 consecutive school days after it is made.

The tape may not be altered in any way.License needed for permanent inclusion in

the teaching curriculum. Tape must be destroyed after 45 calendar

days.Schools should document their compliance.

How can you get permission to use How can you get permission to use items in your classroom?items in your classroom?Contact publisher, webmaster,

photographer – permission department

Request permission early!

Include copyright notice and credit

If you can’t find the copyright owner, don’t use the work…infringement is a possibility

Guidelines for using information Guidelines for using information from websites…from websites…Assume it’s protected

Read terms and conditions for use

If a complaint is received, stop using the material and seek copyright validity

Be aware when you “click around” sites

CITATIONSCITATIONS•http://www.copyright.gov/help/faq/

•http://fairuse.stanford.edu/

•http://www.copyright.com/

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

•http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm

•http://www.arl.org/info/frn/copy/fairuse.html

•http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter6/index.html