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Copyright for EducatorsCopyright for Educators

Intellectual propertyIntellectual property

Patents: The right given to be the only one who may make and sell a new invention, or use a method for a certain number of years

Trademarks: A special picture, mark, word, etc. placed on a product to show who its maker or dealer is

Copyrights: The legal right to be the only publisher, producer, or seller of a particular piece of work

Copyright LawCopyright Law

Congress has the power “to promote the Progress of Science and the useful Arts, by securing for limited Times to authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

U.S. Constitution, Art. 1, Sec. 8, Cl. 8

What is copyrighted?What is copyrighted?

“Original works of authorship” that can be recorded in a “tangible medium of expression” musical works, including any accompanying lyrics literary works dramatic works with any music pantomimes, choreography graphics, artwork, sculptural works sound recordings motion pictures and other multimedia

What cannot be copyrighted?What cannot be copyrighted?

Ideas Facts Procedures/process Systems Operation Methods Concepts/principles Discoveries

How long does copyright last?How long does copyright last?

Life of author plus 70 years Joint authors—life of last survivor plus 70

years Works for hire—95 years from publication

or 120 years from creation

What is not covered by copyright?What is not covered by copyright?

Anything not fixed in a tangible medium (telling a story, a dance—must be recorded in some form)

Works consisting entirely of common property (no original authorship)

Federal documents Titles, names, short phrases, slogans, familiar

symbols or designs (trademarks), Listings of ingredients or contents (recipes)

“Fair Use”“Fair Use”

The use by someone other than the author, without the author’s permission, of a copyrighted work

Purposes of “Fair Use”Purposes of “Fair Use”

Criticism & Comment Scholarship/Research Teaching Preparation for teaching News reporting Parody

“Fair use” Questions“Fair use” Questions

Is the use commercial? Is the original work mostly fact? Has the original work been published? Are you copying only a small part of the

original work? Does your conduct leave unaffected any

profits that the owner can make? Are you giving credit to the author?

What can teachers do?What can teachers do?

Get permission from the author and you can do whatever you and the author have agreed upon

Make a single copy for scholarly research, use in teaching, or in preparation for teaching Chapter from a book Periodical or newspaper article Short story, short essay, short poem Chart, graph, diagram, cartoon, or picture from a book,

periodical, or newspaper

Classroom copies Classroom copies

Limitations: One copy per pupil Must meet the “brevity test” guidelines Must meet “spontaneity rule” Not more than nine instances for 1 class in 1

class term No term-to-term use of same materials for same

class Every copy must include notice of copyright

“Brevity Test” Guidelines“Brevity Test” Guidelines

Poem: complete if less than 250 words-- if longer, no more than 250 words

Prose: a complete article, story, or essay if less than 2500 words

Prose: an excerpt of not more than 1000 words or 10% of the work, whichever is less

Illustration: one chart, graph, diagram, drawing cartoon, or picture per book or periodical

Multi-media exceptions explained later

“Spontaneity Rule”“Spontaneity Rule”

Copying is immediate and the inspiration of the individual teacher

The decision was so close in time that it would be unreasonable to expect a timely reply to a request for permission

However, poor planning will not get you far in court…

Keep It LegalKeep It Legal

Cite the source!!! Keep the use in the classroom Extending beyond school door will get you

in trouble. Example of extensions : web page, published report, article in the local newspaper, bus trip.

Ask for permission!!!

Music Guidelines Music Guidelines

MUSIC: FAIR USE-GUIDELINESMUSIC: FAIR USE-GUIDELINES

Emergency copying to replace purchased copies which for any reason are not available for an imminent performance, provided purchased replacement copies ordered

For academic purposes other than performance, single or multiple copies of excerpts of works may be made, not more than 10% of the whole work.

One copy per pupil.

FAIR USE - NOT ALLOWEDFAIR USE - NOT ALLOWED

Out-of-Print: Still protected, write and ask No reply - still don’t have permission to

copy Collections: One song out of a collection -

ask Extra Parts: Buy if available. Ask! Contest: If originals are required - order Choral/Speaking parts for musicals:

Blatant violation to copy - lack of $ does not justify photocopying!

RECORDINGS-Compulsory Mechanical License-Fair UseRECORDINGS-Compulsory Mechanical License-Fair Use

1) A single copy of a sound recording of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for exams or oral exercises

2) A single copy of recordings or performance by students may be made for evaluation and rehearsal purposes and may be retained by the educational institution or individual teacher

OTHER DILEMMASOTHER DILEMMAS

Arrangements - No Fair Use -- Get permission

Adaptations - Fair use applies when editing or simplifying provided the fundamental character of the work is not distorted or lyrics altered or added

Transcription - Get permission Parody - Requires authorization - be safe -

ask

Multimedia Copyright IssuesMultimedia Copyright Issues

Permission Use Sheet(Signature of author allows others to use their material)

Permission Use Sheet(Signature of author allows others to use their material)

Internet sites such as: Music Vendors www.bmi.com, www.nmpa.org, etc.

Call publisher/producer Write request for information See resources page

Commercially Produced Audiovisual MaterialsCommercially Produced Audiovisual Materials

Rented or Purchased Video, CD, DVD, Audio cassette, etc.* No copying even for archiving purposes* No charging of viewing fees* Must be in the course of face-to-face teaching activity (tied to the curriculum)*Must be presented by students or teachers*Must be legally acquired copy of the work*Must be used in an educational setting* Broadcast rights may be purchased

Television RecordingTelevision Recording

Copying of Programs is allowed (fair use) if done by the schools media specialist for instructional purposes.

Only one main showing per class in the first 10 school days is allowed. Teacher may use until day 45 for evaluation, etc. Copy must be destroyed after 45 days from recording.

Noone else in the school can record the same program more than once.

Parts of programs can be shown but no altering of content.

The copyright notice must be included.

Cable TelevisionCable Television

Programs designated as Cable in the Classroom can usually be used up to one year. Locate programs at www.ciconline.org

Programs labeled (RES) can be shown in public as it airs but not taped for later playing.

Broadcasting to Cable TVBroadcasting to Cable TV

Work made for hire statement should be

signed for school ownership

Check with local cable provider before attempting to broadcast

No copyrighted videos, plays, or recorded music can be rebroadcast

Educational Multimedia Educational Multimedia

Combining of original work with portions of copyrighted material to produce an integrated presentation

Teachers must use in face-to-face instruction for up to two years. Permission must by secured after that.

Can use 10% or up to 3 minutes, whichever is less of motion media

Text is limited to 10% or 1000 words, whichever is less Music is limited to 10% with a maximum of 30 seconds

Educational Multimedia (Continued)Educational Multimedia (Continued)

No more than 5 images or photos per artist No more than 10% or 15 per collective

work Up to 10% or 2500 fields or cells from a

database or table One copy can be made for backup purposes

Copyright Issues Concerning Visual Arts and Images

Copyright Issues Concerning Visual Arts and Images

“Originals are the fairest flowers:

Imitations are of quicker growth but fainter bloom.”

Thomas McFarland

Visual Art Copyright 20th Century Reality

Visual Art Copyright 20th Century Reality

“Societal goal underlying copyright is to stimulate and encourage progress in the arts. Copyright supposedly sparks creative impulse through economic impetus. Conversely, unauthorized copying inhibits creativity.”

Darraby, Jessica L. 1995. Art, Artifact and Architecture Law.

Visual Arts and ImagesVisual Arts and Images

Paintings Slides Cartoons

Photography SculptureDrawings

Graphics Illustrations Graphs

Prints ChartsPosters

When an artist creates a work of art, the copyright comes into existence automatically.

By registering artwork, you have more rights.

Derivative WorkDerivative Work

The right to prepare “derivative works” rests with the copyright owner.

The right to change the chart, picture, cartoon, or illustration into a poster or slide or video (also called the right of adaptation) rests with the copyright holder.

Derivative Work RightsDerivative Work Rights

Can’t reproduce the work in a different media

Can’t copy or reproduce the heart of the artwork or image

The more you copy, less likelihood it constitutes fair use

The amount taken from the copyrighted work in relationship to the totality of that work is the crucial factor

Infringement ExamplesInfringement Examples

Teacher uses the opaque projector to enlarge a greeting card illustration for a bulletin board decoration.

Cheerleaders create a poster that features a popular cartoon character dressed in a team uniform.

Teacher copies an image from a coloring book and adds more detail to it for a worksheet.

Parody and/or SatireParody and/or Satire

The work must have a critical component. The work still falls under fair use – good

faith. Only elements that are necessary for the

parody can be used. The appropriation in the copied work must

change the message of the underlying work. Settled case-by-case, so ask permission.

Clip ArtClip Art

Clip art is sold to be copied in certain formats

Check the clip art limitations

Views on copying images for artViews on copying images for art

“I consider general copying as a delusive kind of industry.”

President of English Royal Academy, Sir Joshua Reynolds 1769

“It has generally been accepted that children should not copy anything. The arts are supposed to be a means of one’s own expression and not a superficial copy of someone else’s thoughts and ideas… There is no place for mindless copying of others’ art in a meaningful art program.”

Viktor Lowenfeld 1987

Digital MediaDigital Media

Digital MediaDigital Media

Digital Media is covered under the same copyright laws as other media

Digital Media covers other media including print, music, art, multimedia

Special laws have been passed to cover unique situations created by technology

Digital Media LegislationDigital Media Legislation

Computer Amendment of 1980 – protects computer software

No Electronic Theft Act – NET Act – 1997 – protects software and digital recordings

The Digital Millennium Copyright Act of 1998 -

The Digital Millennium Copyright ActThe Digital Millennium Copyright Act

President Clinton signed the act into law on October 28, 1998

Covers code-cracking technology Internet provider regulations Submission of recommendations for

promoting while protecting distance education will be coming

Internet UseInternet Use

Copying information from one website to another is not permissible

Using copyrighted material from the web in a multimedia production with authorization is permissible

Copyrighted images on the web must be displayed with the creator’s name and authorization

Copying source code is not permissible

Website Linking & PostingWebsite Linking & Posting

Follow the directions for linking provided by website

If there are no directions provided, ask for permission from the webmaster or e-mail address provided

Creating a link from one website to another is permissible if the words describe accurately what is being linked to

West Fargo Public School WebPagesWest Fargo Public School WebPages

There are many rules relating to proper posting and safeguards for educational sites

The WF School District does not sponsor personal or classroom websites because they are difficult to monitor

If you wish to post sites and/or documents for classroom use, see your librarian or e-mail Peggy Spitzer, our district webmaster

E-MailE-Mail

Posting or forwarding an e-mail message without the consent of the author is not permitted

Be careful when sending E-mail. E-mail messages can be tracked to their sources

The same laws apply to e-mail and posted mail (terrorism, threats, etc)

Postings on Chat or UsenetPostings on Chat or Usenet

It is illegal to print or post an individual’s posting without written permission from the author

If you read something that you would like to share with others, try something like:

I heard in the copyright newsgroup that most people are not aware of the laws related to cyberspace.

PasswordsPasswords

Using or sharing a password which provides controlled access to information is not permitted (user account or database access)

Any attempt to circumvent any protection measure is not permitted (password or form of encryption)

SoftwareSoftware

Creating or using code-cracking software is not permissible

“Personal” versions or copies of software are not permissible on district computers

Making personal copies of district software is not permissible

Appropriate documentation of all software must be maintained by the buildings or district

Scanners and CD WritersScanners and CD Writers

It is illegal to scan or alter images for the purpose of fraud (false ID, printing money, etc.)

It is illegal to save any copyrighted materials in any form using district equipment

Copyright InformationCopyright Information

Use our library website to access these and other links: What is Copyright? Copyright and Fair Use United States Copyright Office

This site also provides all materials presented today

BibliographyBibliography

Althouse, Jay. Copyright: The complete guide for Music Educators. Van Nuygs, CA: Alfred Publishing Co., Inc., 1997.

Bielefiled, Arlene. Technology and copyright law. New York: Neal-Schuman Publishers, 1999.

Copyright Implementation Manual. 30 May 2001. Media Technology Services, Groton Public Schools. 17 July 2001 <http://groton.k12.ct.us.mts.egtoc.

Copyright Law of the United States. Library of Congress, 15 November 2001. http://www.loc.gov/copyright/title17/

Darraby, J. L. Art, artifact and architecture law. New York: Clark Boardman Callaghan, 1995.

The Digital Millennium Copyright Act. UCLA Cyberspace Law and Policy, 15 November 2001. http://www.gseis.ucla.edu/iclp/dmca1.htm

Bibliography cont.Bibliography cont.

Digital Millennium Copyright Act Guide. American Library Association Washington Office Newsline, 15 November 2001. Volume 7, Number 125, October 13, 1998 http://www.ala.org/washoff/alawon/alwn7125.html

Federal Crime Statues. Laws and Texas Tech University System Policies Affecting Computer Use, 15 November 2001. http://www.itts.ttu.edu/documentation/lasws/lpc3.html

Lowenfeld, Viktor. Creative and mental growth. Englewood Cliffs, NJ: Prentice Hall Career and Technology, 1987.

McFarland, Thomas. Originality and imagination. Baltimore: John Hopkins University Press, 1985.

O’Mahoney, Benedict. Usenet Newsgroups. 15 November 2001. Copyright Website http://www.copyrightwebsite.com/digital/usenet/usenet.asp

Bibliography cont.Bibliography cont.

O’Mahoney, Benedict. Website Issues. 15 November 2001. Copyright Website http://www.copyrightwebsite.com/digital/webIssues/webIssues.asp

Reproduction of Copyright Office 17 July 200 1 http://lcweb.loc.gov/copyright circs/ Copyrighted Works by Educators and Librarians. Circular 21. Washington, DC: United States circ21.html

Reynolds, Sir Joshua. Discourses in art. San Marino, CA: Huntington Library, 1959.

Simpson, Carol. Copyright for schools: a Practical Guide. Worthington, Ohio: Linworth Publishing, 2001

Spatt David M. Ocean State Lawyers for the Arts Arts & Law Home Page. 1997 http://www.artslaw.org/

Bibliography cont.Bibliography cont.

US Copyright Office Reproductions of Copyrighted works by Educators and Librarians, Circular Washington, DC: Library Of Congress,

Woody, III , Robert Henley and Robert Henley Woody, II. Music Copyright Law in Education. Bloomington, Indiana: Phi Delta Kappa Educational Foundation, 1994.

Copyright Curriculum Writing ProjectTeam

Copyright Curriculum Writing ProjectTeam

Richard Cwikla – Multimedia Susan Jordahl – Music Brenda Luthi – Images Mary Soehren – Printed Material Peggy Spitzer – Digital Media

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