COPYRIGHT LAW

Brandy Abbott, Tracie Bennett, Ashley

Williams

Copyright Act

Original: 1790, Our version: 1976, with updates

Intended to protect intellectual property

Once you create something in “tangible form”

(Simpson 2) it is automatically protected

The rights of the copyright holder include:

Reproduction, Adaptation, Distribution,

Public performance, Public display,

Digital transmission of sound recordings

(Simpson 2-7)

Six Rights of the Copyright

Holder Reproduction: Must have permission of the copyright

holder to make copies, manual or photocopy

Adaptation: Permission required

to change an existing work in some

way, this includes

Scanning a physical copy to create

a digital copy

Creating a screenplay from a book

Translating a work

(Simpson 2-4)

Six Rights of the Copyright

Holder Distribution: “right of first sale”(Simpson 4) says

you only own the single physical copy of the book you purchased

You do not have the right to make copies or perform it

You can give that one book as a gift

You can sell that one book

Public performance: It is illegal to perform even part of a work without permission.

The law defines public as any public place where people other than family or close friends may gather

The classroom is a public place so showing a video clip in class requires permission

(Simpson 4-6)

Six Rights of the Copyright

Holder Public display: “Something static such as a painting,

photograph, or sculpture”(Simpson 6) requires

permission to be displayed outside of the home

Digital transmission of sound recordings: Think

about the Napster debate

You can’t listen to a song for free on demand

If you choose to listen to a song at will, the artist must

receive payment in some way

(Simpson 6-7)

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Fair Use

Fair Use is an exception of the Copyright Act that allows for people to use copyrighted information without permission for certain, specific uses.

Fair use does not mean that a school can use whatever they want whenever they want just because it is for education.

Fair use allows for the author of a work to still hold their copyrights, but also lets others use the work as long as guidelines and the Four Factor test is followed.

(Simpson 35-36)

Four Factor Test: A Way to Think About Fair

Use

The four factor test is a way to analyze and think about if the actions you are taking constitute fair use. These should all be considered when deciding if you are using material in a way that does not violate copyright law. Ask yourself these questions when thinking about using materials for your classroom.(Simpson 37-43)

Factor 1: Purpose and Character of

Use

This first factor is a two part test to determine the character and purpose of use of copyrighted materials. You don’t need a favorable outcome on both parts to pass this part of the test...you only need one!

Part 1: Nonprofit educational use

-”Are you in a nonprofit public or private school, and is the use you are proposing for this entity?” (Simpson 38). Remember: Just because you answer yes to this question does not mean you automatically are given permission to use the material. You must continue with the test!

Part 2: Criticism, commentary and news reporting

-Are you using the material for criticism commentary or news reporting? If so, you could also receive a favorable outcome on this factor.(Simpson 37-43)

Factor 2: Nature of Copyrighted

Work

This one is tricky...you don’t need to have both of these, but it greatly increases the odds that you are still within the guidelines of fair use if you do!

Part 1: Factual or Creative?

-Is the material a fact from a copyrighted work or is it something creative from a copyrighted work? Facts cannot be copyrighted so answering facts to this makes fair use much more likely. If you answer creative, it still might be usable, but you need to examine the other factors more closely.

Part 2: Published or not Published?

-Is the material published or unpublished? Unpublished materials such as “letters diaries, family photographs, e-mails and unpublished manuscripts” are more closely protected than published materials (Simpson 39). If you material fails both parts of this test, you might reconsider using it as it might violate copyright law.

(Simpson 37-43).

Factor 3: Amount of Work Used

This is only one part and is a little more concrete than the other factors.

-How much of the work will you use? The less you use of a work the better. For example, a paragraph from a copyright protected novel would likely not be a violation. However, 3 chapters from that copyrighted novel would likely be a violation.

-The “essence of the work” is a tricky term that suggests if you use a scene or segment from a copyrighted work that embodies the “spirit” or “message” of an entire work, you have, in a sense, used the entire work. For example, if you use the entire chorus of a song as well as a verse, this could be considered the “essence of the work” and might be copyright violation. For this factor, remember: the less you use of a work, the safer you are.

(Simpson 37-43)

Factor 4: Effect of Use on Market for or

Value of Work

This factor is considered by some to be the most important as well

as the most debated factor.

-Could the use of the material in some way “deprive someone of

sales of the item or other items the copyright owner might

reasonably develop?” (Simpson 42). Any commercial use of a

material would result in an unfavorable result on this factor as well

as any greatly widespread use.

For example, distributing copies of several pages of a self-help

novel to the entire school would likely deprive someone of profit

and thus would result in an unfavorable result on this test.

You don’t necessarily have to have a favorable result on all of these

factors, but the more favorable results you have, the less likely it is

that you are violating copyright law!

(Simpson 37-43).

General Print Guidelines

Try to get permission to make copies before you do anything else. (Simpson 60) Allow about 4 weeks for a response

You may copy a single copy of anything for the purposes of teaching or research and be in compliance with Copyright. (Simpson 52-54) 1 copy of 1 chapter of a book

1 copy of 1 article from a newspaper or journal

1 copy of a short story, poem, or essay

1 copy of a chart, picture, graph, or drawing

Copying must be at your desire, not the direction of someone higher up (ex principal) (Simpson 52) A principal can suggest that you make a copy of an article to read

to the class or for professional development, but cannot make you without violating copyright law.

Copying For Your Class -

Brevity

You may make 1 copy for each student in your class

Poems

An entire poem may be copied if it is 250 words or less

If it is longer than 250 words, only 250 words may be

copied

Articles, Essays, Short Stories:

If it is less than 2,500 words the entire piece may be

copied

Plays, Novels, Letters

1,000 words or 10% of the work, whichever is less

500 words no matter the length of the work

(Simpson 55)

Copying For Your Class – Brevity

Cont.

Picture Books (Simpson 55-56)

2 pages as long as those two pages include less than 10% of the text

Illustrations (Simpson 56, 64)

1 chart, picture, graph, etc per work

The copy can only be for one course

The illustration cannot be altered before copying

Be careful about adapting the graphic. Editing, enlarging, or even copying to make an electronic version are all not allowed without permission.

Periodicals (Simpson 62)

You can only make class sets for one course

1 whole article or 2 excerpts from one author

Up to 3 times per term from one journal

Copying For Your Class

Spontaneity (Simpson 56)

You must originate the copying and it must be your idea to use it

Cumulative Effect (Simpson 56-57)

You cannot copy to replace anthologies or workbooks

You cannot use the same item from year to year without getting permission

You cannot charge students for their copies over the cost of the copy

You cannot make copies of copyrighted materials more than 9 times throughout the term

The item must be used for a specific lesson (Simpson 55)

The copyright notice must be included on each page (Simpson 54)

Copying For Your Class

Consumables (Simpson 60) You may not make copies of consumables for your class or the whole

school to use

You cannot take consumables and cut them apart and piece them together to create new consumable sheets

Student work(Simpson 65-66) Student work is copyrighted!

You need to ask permission to use student work or keep it as an example for the next school year.

Fair use does apply and you may use parts of a student’s work as long as it complies with fair use rules.

Remember FERPA also applies! Keep your students’ privacy.

Scanners (Simpson 66) Scanners take a print work and save it to a computer, changing the

medium of the work This may violate reproduction, adaptation, and distribution rules!

Print Copyright Recap

Copying an article to

read to the class

Printing a graphic to

hang in your class

Creating your own

work pages

Copying 5 articles from the same journal to pass out to the class

Resizing and editing a graphic and passing it out to the class

Making a new workbook from other workbook pages

OK! Copyright Violations

Computer Software

Installing software: Each installation of software requires a license. Borrowing a fellow teacher’s crossword puzzle software to install on your own computer would likely be a violation of copyright law.

Networking: Putting software on a network where it can be downloaded and used by unlicensed users could violate copyright law. A copy of single-user software cannot be uploaded to a district Web server for anyone in the district to access.

Checking out software: Libraries can circulate software if they have the proper license or other agreement. If software is checked out, it must be deleted from the teacher’s computer upon return to the library.

(Simpson 152-153)

Computer Software

Clip art: Most clip art on the web is not public

domain and may not be used without

permission.

Avoid making your own clip art collections, or

modifying existing images.

(Simpson 153)

Computer Software

Legitimate Copying v. Piracy

There are two legitimate cases where copies of computer programs may be made “outside the scope of a valid license agreement” (Simpson156).

If the program is “an essential part of the operation of the computer program” (17 U.S.C §117[a][1] then you may make a copy. Many programs must be copied to the hard disk of a computer. This is allowed.

You may make a copy if it is archival and serves as back-up only (i.e. not used)

(Simpson 156)

Internet

Printing pages from the Internet: Situations

involving printing material from the Internet

generally fall under the same guidelines as print

materials. This means a teacher could print a

single copy to use in preparation for her lesson,

but could not, without permission, copy and

distribute that page to students.

(Simpson 131)

Internet

Bookmarks and Links: Usually considered factual

information and usually not protected by copyright law

For example, if the school’s webmaster included a link on

the school’s Web page that provided access to online

curriculum resources, it is acceptable as long as it does not

appear as though the webmaster created these resources.

As a rule, when creating a link, it should be clear where the

page originated and that Web site of origin should be

acknowledged (132).

While a single link is not copyrighted, a list or compilation of

links – like one created on Delicious.com – is protected

(Simpson 132)

Internet

Copying and redistributing pages from the Internet: In most cases, you should seek permission when copying Web pages to servers or reusing Web pages within another site.

For example, a science teacher may not copy 100 pages of activity sheets from a subscription database and store them on her local computer. The activity sheets must be downloaded and used on an as-needed basis.

It is also prohibited to copy useful Web pages, for example - for a Web Quest, to your own site without permission. Material on a web page is intended to be viewed in the context of that web page. Avoid unintentionally misrepresenting a Web page by creating a link to it instead. (Simpson 132-133, 141)

Internet

E-mail: Legally, isn’t considered published since it is private

communication. Original author maintains rights to that email.

Do not forward a parent email to that student’s other teachers

without the parent’s consent. Also refrain from posting email to a

Web page without permission.

Chat and IM: Not considered to be protected under copyright law

because they are deleted as soon as the conversation is over. They

are not fixed in tangible form. If the conversation is saved somehow

though, copyright laws would come into play.

For example, if a teacher discusses a student’s behavior with a

parent over and IM application, and that conversation is printed,

each of those participants owns his or her input. The conversation

cannot be used without permission.

(Simpson 133-134,144)

Internet – Web 2.0 Applications

Material posted on social networking sites is

copyrighted material. If you want to use pictures for an

open house slideshow, ask permission first.

Podcasts are the property of their creator. If a student

records his or her original work, he or she owns that

podcast. If it is a reading of a copyrighted work, it is

acceptable for personal use, but distributing it in any

way without permission would violate copyright law.

(Simpson 143-145)

Audio

There are laws and regulations that govern both print and recorded music. Today we will focus on the use of recorded sound.

Performances of sheet music: “Performances of music beyond the classroom are public performances” and thus are subject to copyright scrutiny. However, if any and all profits from the performance are returned to the educational institution, the performance is allowed unless “the copyright owner objects at least seven days in advance” (Simpson106).

Reproduction of recorded music: Teachers may make copies of complete works or portions of works to use for “aural exercises or examinations.” This means students can listen to the recorded work if it is used to teach a concept.

(Simpson 105-109)

Audio

Performances of recorded music: If a performance is recorded, it should not be displayed for non-instructional use. For example, a recording of a band concert should not be played on a local public access channel (Simpson107).

You may use recorded music in the following circumstances:

You may make a copy of a student performance for evaluation or rehearsal

You may make copies of copyrighted music that is owned by the school or individual teacher to conduct listening exercises or tests.

There are many types of music licenses that apply beyond the fair uses listed above. If you aren’t using the recorded music for one of the reasons listed above, you will need to obtain permission and/or a license.

(Simpson 105-109)

Video

Showing a video in a classroom is considered

a public performance because schools are a

public building. This includes any video no

matter the format, including YouTube.

You must have either permission from the copyright

holder to show the video, a license to show the

video, or pay royalties to the copyright holder

(Simpson 72)

Video – Fair Use

5 Question Test for Fair Use (Simpson 77-79)

Is it not-profit and educational?

Is it taking place in a classroom or other educational

setting?

Is it for only the students in a regular class?

Did you get the copy legally?

From the school library

From the public library

Owned by a student or teacher

Rented from a video store

Look at the license of digital downloads to make sure

you are legally allowed to use the video in class

Is it used for direct teaching?

Movies

Do’s

Use it for a specific lesson (a Bill Nye about Plants during a plant lesson)

Show in class for your students only

Check to make sure your copy is legal and follows licensing agreements

Don’ts

Recess (non-instructional)

PTA Meetings

On the Bus for a field trip

During Extracurricular Activities

Copying to a different medium without permission

(Simpson 73)

TV

Copying a program and saving it to video may

violate copyright law because of reproduction

and distribution rights. Record from a regular broadcast channel.

Recording must be used within 45 days.

Include copyright info

Principals and librarians may not record something

because they think a teacher will use it later.

(Simpson 73-74)

Negative Consequences

Choosing to ignore copyright law can have serious consequences.

“Statutory damages range from $750 to $30,000 per infringement” (Simpson 17).

Even those who are unaware of their violations can face fines as little as $200 per infringement. Think of it like this. If you make 150 illegal copies for your students, that would be a $30,000 fine if prosecuted. This is an extreme example, but you see the severity of the situation!

(Simpson 17-25)

Negative Consequences

There are three types of infringers:

Innocent infringement: Someone who

unknowingly violates copyright law. This

is still punishable and ignorance does not

exempt anyone from the law.

Standard infringement: Someone knows

about the law but fails to test/get

permission for use of material.

Willful infringement: Someone who

knows about copyright law, is denied

permission to use materials and proceeds

to use it anyways.

(Simpson17-18)

Negative Consequences

Employers can be “vicarious infringers” if they know about an employee’s copyright infringement and do nothing to stop it (Simpson 20). This could lead to thousands and thousands of dollars in losses for our school district and probable job loss for violators.

Think it can’t happen to you? In 1998, a copyright case was settled out of court against the L.A. Unified School District for $300,000 plus attorney’s fees. All in all the school district lost almost $5 million. Are you willing to take that chance? Are you willing to risk money our kids so desperately need?

(Simpson 22-25)

Ok I Get It Now…

Game Time!

https://jeopardylabs.com/play/copyright-

training

Works Cited

Johnson, Matt. "Create Your Own Jeopardy

Template Online." JeopardyLabs. N.p., n.d. Web.

01 Aug. 2014.

"Pixton." August 1, 2014 2014.Web. <

http://www.pixton.com/>.

Simpson, Carol. Copyright for Schools. Santa

Barbara, CA: Linworth Publishing, 2010.

Print.

All clip art is from the Microsoft Office database.