CopyrightCopyrightInformation for TeachersInformation for Teachers

““The Computer as an Educational The Computer as an Educational Tool: Tool:

Productivity and Problem Solving” Productivity and Problem Solving”

©Richard C. Forcier and ©Richard C. Forcier and

Don E. DescyDon E. Descy

DefinitionDefinition

A copyright gives its owner the A copyright gives its owner the power to control his or her own power to control his or her own

artistic or intellectual creation. It artistic or intellectual creation. It also prohibits others from using also prohibits others from using

the work the work for profit, sale, or for profit, sale, or performanceperformance without permission without permission

of the owner.of the owner.

Single Copies (1)Single Copies (1)

A teacher can make a single A teacher can make a single copy for:copy for:

• Preparation for classPreparation for class

• Teaching a classTeaching a class

• Scholarly researchScholarly research

Single Copies (2)Single Copies (2)

Can be made from:Can be made from:

• A chapter from a bookA chapter from a book

• An article from a magazine or An article from a magazine or newspapernewspaper

Single Copies (3)Single Copies (3)

• Charts, graphs, drawings, Charts, graphs, drawings, cartoons, or pictures from a cartoons, or pictures from a book, newspaper, or book, newspaper, or magazinemagazine

• Poems, short stories, or short Poems, short stories, or short essaysessays

Multiple CopiesMultiple Copies

• Must pass spontaneity testMust pass spontaneity test

• Must pass cumulative testMust pass cumulative test

• Each copy must contain Each copy must contain notice of copyright.notice of copyright.

• Must not exceed one copy Must not exceed one copy per studentper student

SpontaneitySpontaneity1. The copying is at the instance and he copying is at the instance and

inspiration of the individual teacher, inspiration of the individual teacher, andand

2.2. The inspiration and decision to use The inspiration and decision to use the work and the moment of its use the work and the moment of its use for maximum effectiveness are so for maximum effectiveness are so close in time that it would be close in time that it would be unreasonable to expect a timely report unreasonable to expect a timely report to a request for permission.to a request for permission.

Cumulative TestCumulative Test1.1. The copying of the material is for only The copying of the material is for only

one course in the school in which the one course in the school in which the copies are made.copies are made.

2.2. Not more than one short poem, Not more than one short poem, article, story, essay, or two excerpts article, story, essay, or two excerpts may be copied from the same author, may be copied from the same author, nor more than three from the same nor more than three from the same collective work or periodical volume collective work or periodical volume during one class term.during one class term.

Cumulative Test Cumulative Test (Continued)(Continued)

3.3. There shall not be more than nine There shall not be more than nine instances of such multiple copying instances of such multiple copying for one course during one class term. for one course during one class term.

(The limitations stated in “2” and “3” (The limitations stated in “2” and “3” above shall not apply to current news above shall not apply to current news periodicals and newspapers and periodicals and newspapers and current new sections of other current new sections of other periodicals.)periodicals.)

ProhibitionsProhibitions

• Do not copy to create or replace Do not copy to create or replace anthologies, compilations, or anthologies, compilations, or collective workscollective works

• Do not copy “consumable” works Do not copy “consumable” works such as workbooks, exercises, such as workbooks, exercises, standardized tests, test books, and standardized tests, test books, and answer sheetsanswer sheets

Prohibitions Prohibitions (Continued)(Continued)

Copying cannot:Copying cannot:• Substitute for the purchase of a book, Substitute for the purchase of a book,

magazine, or newspapermagazine, or newspaper• Be repeated by the same teacher from Be repeated by the same teacher from

term to termterm to term• Be charged to the student beyond the Be charged to the student beyond the

cost of photocopyingcost of photocopying

CopyrightCopyright

Guidelines for MusicGuidelines for Music

• For academic purposes, other For academic purposes, other than performance, single or than performance, single or multiple copies can be made. multiple copies can be made. But no more than 10% of the But no more than 10% of the entire work can be copied.entire work can be copied.

Guidelines for Music Guidelines for Music (2)(2)

• Emergency copying to Emergency copying to replace purchased copies replace purchased copies that are not availablethat are not available

• Printed copies may be edited Printed copies may be edited or simplified, but work cannot or simplified, but work cannot be distorted in any way.be distorted in any way.

Guidelines for Music Guidelines for Music (3)(3)

• A single copy may be made A single copy may be made of a student’s performance of a student’s performance for evaluation or rehearsal for evaluation or rehearsal purposes only.purposes only.

ProhibitionsProhibitions

• Copying cannot replace or Copying cannot replace or substitute for anthologies, substitute for anthologies, compilations, or collective compilations, or collective works.works.

• Copying cannot be for Copying cannot be for purpose of performance.purpose of performance.

Prohibitions Prohibitions (Continued)(Continued)

• Copying of “consumable” Copying of “consumable” works is not permitted.works is not permitted.

• Copying cannot substitute for Copying cannot substitute for the purchase of music.the purchase of music.

Video RecordingVideo Recording

VideotapesVideotapes

• Broadcast programs may be Broadcast programs may be recorded and retained by a recorded and retained by a nonprofit educational nonprofit educational institution for 45 days after institution for 45 days after the recording.the recording.

Videotapes (2)Videotapes (2)

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

Videotapes (3)Videotapes (3)• Off-air recordings may be Off-air recordings may be

made only at the request of a made only at the request of a teacher.teacher.• A limited number of off-air A limited number of off-air

copies may be made from copies may be made from each off-air recording to meet each off-air recording to meet teacher needs.teacher needs.

Videotapes (4)Videotapes (4)

• All copies of off-air All copies of off-air recordings must include the recordings must include the copyright notice on the copyright notice on the broadcast program as broadcast program as recorded.recorded.

Extended Taping RightsExtended Taping Rights

• Any children’s program and Any children’s program and most prime-time programs most prime-time programs recorded from PBS have a recorded from PBS have a viewing period of one year. viewing period of one year. This only applies to This only applies to classroom use.classroom use.

Educational Educational MultimediaMultimedia

Using Copyrighted Using Copyrighted WorksWorks

Permitted UsesPermitted Uses

Educational multimedia Educational multimedia combining original material combining original material and copyrighted works may and copyrighted works may be used for:be used for:

• InstructionInstruction

• Student’s directed self studyStudent’s directed self study

Permitted Uses Permitted Uses (Continued)(Continued)

• Educational multimedia cannot be entirely copyrighted work, and must, if at all possible, include copyright notice.

Time LimitsTime Limits

• Teachers may use their Teachers may use their educational multimedia educational multimedia projects for two years after projects for two years after the first instructional use. the first instructional use. Thereafter permission is Thereafter permission is required.required.

Portion LimitsPortion Limits

• Motion media: 10% or 3 Motion media: 10% or 3 minutes, whichever is lessminutes, whichever is less

• Music: 10%, but in no event Music: 10%, but in no event longer than 30 secondslonger than 30 seconds

• Text: 10% or 1000 words, Text: 10% or 1000 words, whichever is lesswhichever is less

Portion Limits Portion Limits (Continued)(Continued)

• Photographs: An entire work Photographs: An entire work may be used, but no more may be used, but no more than five images by the same than five images by the same artist or photographer.artist or photographer.