william allan kritsoni, phd - copyright laws in the public school ppt

8/20/2019 William Allan Kritsoni, PhD - Copyright Laws in the Public School ppt.

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ublic School Law

ublic School Law

in then the

ublic School

ublic School

Lecture Notes

ecture Notes

William Allan Kritsonis, hD

illiam Allan Kritsonis, hD



What is copyright?

hat is copyright?

Copyright gives authors and publishersCopyright gives authors and publishers

the legal right to control the reproductionthe legal right to control the reproduction

of their workof their work



The Law

he Law

The Federal Copyright Law is expressedThe Federal Copyright Law is expressed

in 17 USC 1!1 "T# Se$# This lawin 17 USC 1!1 "T# Se$# This law

provides a copyright the %o%entprovides a copyright the %o%entso%ething is put in tangible for%#so%ething is put in tangible for%#

The copyright affixes to the work theThe copyright affixes to the work the

%o%ent it is written on paper& saved on%o%ent it is written on paper& saved ondisk& painted on canvas& recorded ondisk& painted on canvas& recorded on

tape& or exposed to fil%#tape& or exposed to fil%#



1!" #e$isions to the Law

!" #e$isions to the Law

an% its e&&ects on teachers

n% its e&&ects on teachers

The 1'7( revised copyright law does notThe 1'7( revised copyright law does not

prohibit teachers fro% duplicatingprohibit teachers fro% duplicating

copyrighted %aterial for classroo% use#copyrighted %aterial for classroo% use# Teachers %ay %ake a single copy forTeachers %ay %ake a single copy for

scholarly use for class preparation#scholarly use for class preparation#

Teachers %ay %ake %ultiple copies forTeachers %ay %ake %ultiple copies forclassroo% use#classroo% use#



Teachers %ay copy a chapter fro% aTeachers %ay copy a chapter fro% a

book& a newspaper& %aga)ine& a shortbook& a newspaper& %aga)ine& a short

story or a poe% or chart& graph& diagra%&story or a poe% or chart& graph& diagra%&cartoon& picture& and the like if thecartoon& picture& and the like if the

following conditions are %et#following conditions are %et#



'on%itions &or Teachers

on%itions &or Teachers

The copying is at the instance andThe copying is at the instance andinspiration of the teacher#inspiration of the teacher#

There is not sufficient ti%e prior to use toThere is not sufficient ti%e prior to use tore$uest per%ission fro% the publisher#re$uest per%ission fro% the publisher#

The copying is only for one course in theThe copying is only for one course in the

school#school# "ach copy includes a notice of copyright"ach copy includes a notice of copyright

as it appears in the book or periodical#as it appears in the book or periodical#



'omplying with 'opyright

omplying with 'opyright

(ui%elines

ui%elines

School ersonnel )aySchool ersonnel )ay

*ake %ultiple copies for classroo% use of the*ake %ultiple copies for classroo% use of the

following+following+

,-! words or less of a poe%,-! words or less of a poe%Co%plete prose works if .,-!! wordsCo%plete prose works if .,-!! words

"xcerpts of prose not exceeding 1!/"xcerpts of prose not exceeding 1!/

0ne chart& graph& diagra% fro% a book0ne chart& graph& diagra% fro% a bookUp to , pages or 1!/ of a textUp to , pages or 1!/ of a text



'omplying with 'opyright

omplying with 'opyright

(ui%elines

ui%elines

School personnel )ay Not

chool personnel )ay Not

Copy consu%ables such as workbooksCopy consu%ables such as workbooksor standardi)ed test#or standardi)ed test#

Copy ite%s for use fro% ter% to ter%Copy ite%s for use fro% ter% to ter%

Copy %ore than one poe%& article& orCopy %ore than one poe%& article& oressay by the sa%e author& nor %ore thanessay by the sa%e author& nor %ore than

two excerpts fro% a collection#two excerpts fro% a collection#



*air +se 'lauses

air +se 'lauses

Fair Use& as defined in the law& hasFair Use& as defined in the law& has

certain aspects that apply to everyonecertain aspects that apply to everyone

and others that apply only to certainand others that apply only to certainclasses of use& such as in nonprofitclasses of use& such as in nonprofit

schools#schools#

Fair use is considered when copiedFair use is considered when copied%aterials are intended for the pro%otion%aterials are intended for the pro%otion

of knowledge and scholarship#of knowledge and scholarship#



'on%itional #ights o& *air +se

on%itional #ights o& *air +se

The purpose and character of the use& includingThe purpose and character of the use& including

whether such use is of a co%%ercial nature& orwhether such use is of a co%%ercial nature& or

is for nonprofit educational purposes#is for nonprofit educational purposes#

The nature of the copyrighted work#The nature of the copyrighted work#

The a%ount and substantiality of the portionThe a%ount and substantiality of the portion

used in relation to the copyrighted work as aused in relation to the copyrighted work as a

whole#whole# The effect of the use upon the potential %arketThe effect of the use upon the potential %arket

for or value of the copyrighted work#for or value of the copyrighted work#



What is it calle% when $iolations

hat is it calle% when $iolations

occur?

ccur?

nnocent infringe%entnnocent infringe%ent

Standard nfringe%entStandard nfringe%ent

2illful nfringe%ent2illful nfringe%ent



nnocent n&ringement

nnocent n&ringement

Unknowingly breaking copyright lawUnknowingly breaking copyright law

"xa%ple+ 3 teacher reads in a 4ournal"xa%ple+ 3 teacher reads in a 4ournal

that an ite% has fallen into public do%ainthat an ite% has fallen into public do%ainand %akes copies# n truth& the 4ournaland %akes copies# n truth& the 4ournal

confused two ite%s of si%ilar titles#confused two ite%s of si%ilar titles#



Stan%ar% n&ringement

tan%ar% n&ringement

5isregard to portions of the copyright5isregard to portions of the copyright

"xa%ple+ 3 librarian %akes copies of an"xa%ple+ 3 librarian %akes copies of an

article for a class %any %onths inarticle for a class %any %onths inadvance without %aking any atte%pt toadvance without %aking any atte%pt to

contact the copyright holder to obtaincontact the copyright holder to obtain

per%ission#per%ission#



Will&ul n&ringement

ill&ul n&ringement

5irect intent to take advantage of5irect intent to take advantage of

copyright owner copyright owner

"xa%ple+ 3 principal asks per%ission to"xa%ple+ 3 principal asks per%ission toreproduce copies of a 4ournal article forreproduce copies of a 4ournal article for

the faculty and is denied# 6e %akes thethe faculty and is denied# 6e %akes the

copies anyway without a reasonablecopies anyway without a reasonablebasis to believe he did not needbasis to believe he did not need

per%ission#per%ission#



Liability in the ublic

iability in the ublic

School

chool

Liability falls upon the individual who hasLiability falls upon the individual who has

infringed the copyright#infringed the copyright#

Technology Specialists and Librarians areTechnology Specialists and Librarians areheld liable if acts of copyrightheld liable if acts of copyright

infringe%ents are known by the%#infringe%ents are known by the%#

rincipals are liable if it occurs on theirrincipals are liable if it occurs on theirca%puses for they are the leaders of theca%puses for they are the leaders of the

building#building#



'opyright )yths

opyright )yths

Ten big copyright %yths are explained at+Ten big copyright %yths are explained at+

www#te%pletons#co%8brad8copy%yths#ht%lwww#te%pletons#co%8brad8copy%yths#ht%l

william allan kritsoni, phd - copyright laws in the public school ppt

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