PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Copyright...
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Transcript of PUBLIC SCHOOLS OF NORTH CAROLINA STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION Copyright...
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Copyright
or Wrong
John BrimInstructional Technology Division
North Carolina Department of Public Instruction
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Essential Copyright Questions• If caught, will I:
• go to jail?• be sued?• be fired?
• Will my teachers or students go to jail?
• Do I need to worry about copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Why Care?
Law, policy, curriculum, ethics
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
LawUnited States Constitution, Article I, Section 8
The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Federal Law Title 17, U.S. Code
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Copyright Policy
State & Local Technology Plans
Local School Board policy
Local Acceptable Use Policy
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Curriculum – NC SCOSComputer skills curriculum
Information skills curriculum
Language Arts curriculum
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Ethics
What are we teaching?• “Well, they’re just kids”
Modeling behavior
What is right?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Copyright Basics
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scope of Copyright - Five Fundamental Rights
• Reproduction
• Adaptation
• Publication
• Performance
• Display
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Fair Use
• A legal principle that defines the limitations on exclusive rights of copyright holders
• Agreement between Congress, producers, users
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Fair Use Conditions
1. Non-profit educational institutions or homebound instruction
2. Face-to-face instruction – students and teachers
3. Support of curricular objectives
4. Legally obtained
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Fair Use Factors/Test
1. Purpose and character of use
2. Nature of copyrighted work
3. Amount copied
4. Cumulative effect of use
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Public Performance in a Classroom
• Copyright holders have exclusive rights to public performances of their works
• Things you watch or listen to at home may not be shown publicly
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The Mural
Parent volunteers create a colorful mural featuring cartoon characters and characters from popular fiction on the wall of the library during the summer.
Have they violated copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Yes
• Adaptation and reproduction of copyrighted cartoon characters is a violation of copyright.
• If the characters are trademarked it is a violation of trademark laws.
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario - Reading Help
Ms. Meisner reads a book into a tape recorder so a student may listen to it as he reads the book.
Has she violated copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Yes
Recording the text of the book onto an audiotape is like making a photocopy.
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The English Lit Class
Mr. Charles rents a copy of Romeo and Juliet at the local video store to show his literature class.
Has he violated copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
No
School Rental of Videotapes for Classroom Use
• 1985 interpretation by the NC Attorney General of “Home Use Only”
• specific exemption found in Section 110 (1) of the Copyright Statue
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The New SystemA media coordinator digitizes her videotape collection so it can be used on the new digital video distribution system.
Has she violated copyright?
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Yes
• Reproduction - made a copy
• Adaptation - changed format from analog video (videotape) to digital (computer file)
• Publication/Performance - distribution of an illegally obtained video
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The Talent Show
At a PTA sponsored talent show in the school auditorium, students sing and dance to music played on a boom-box. The did not secure permission to use the works. The PTA charges admission to cover their costs.
Have they violated copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Section 110(4) - Certain Other Nonprofit Performances
Guidelines for Educational Use of Music – 1976This is not fair use!
• Nondramatic musical works• No commercial advantage• No payment of performers, promoters, or organizers• No admission charge,
• But – may charge if used exclusively for educational, religious, or charitable purposes; no private financial gain,
• Copyright owner can serve notice of objection to the performance.
http://www.lib.jmu.edu/org/mla/faq/performing%20rights/Performance%20Permission.asp
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The Fundraiser
A member of the PTA videotapes the orchestra’s performance of their spring concert. Tapes of the concert are sold to parents and community members as a fundraiser.
Have they violated copyright?
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Yes
• purchase of public performance rights allows only the performance – mechanical reproduction is prohibited
• music is copyrighted
• arrangement of music is copyrighted
• performance (by students) is copyrighted
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“Multimedia – a copyright infringement nightmare!”
Simpson, Carol M. Copyright for Schools: A Practical Guide. 3rd ed. Worthington: Linworth
Publishing, Inc., 2001.
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Multimedia Citation
• Opening screen must have a statement that materials used in presentation are copyrighted
• Credit the sources
• Display copyright notice ©
• Show ownership info
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Teacher Use
• Face-to-face curriculum-based instruction
• Demonstrations of how to create multimedia productions
• For remote instruction as long as the distribution signal is limited
• Kept for only 2 years
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The Project
A student downloads a photograph she found online and uses it in her multimedia project.
Has she violated copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Issue - Pictures
• A photograph or illustration may be used in its entirety
• No more than 5 images of an artist’s or photographer’s work
• When using a collection, no more than 10% or no more than 15 images, whichever is less
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The ProjectA student incorporates the text of Martin Luther King’s “I Have a Dream” speech into his multimedia project on the civil rights movement. He adds a 20 second video clip of the speech as an introduction.
Is this OK?
Martin Luther King, Jr.
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Issue - Text
• Up to 10% or 1000 words, whichever is less
• the speech contains 1,650 words
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Issue - Video
• up to 10% of motion media or 3 minutes, whichever is less
• the clip cannot be altered
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The Project
A student uses the song “Starry Night” by Don McLean and pictures of 10 Van Gogh art works in a biographic multimedia presentation on the artist.
Has he violated copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Issue - Music
• Up to 10% but no more than 30 seconds
• Alterations cannot change the basic melody or the fundamental character of the work
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Issue - Pictures
• No more than 5 images of an artist’s or photographer’s work• Isn’t Van Gogh’s work public domain?
• A photograph or illustration may be used in its entirety
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Pictures - continued
• When using a collection, no more than 10% or no more than 15 images, whichever is less
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The Presentation
A group of teachers presents at conference.
In their presentation, they use pictures taken at their school, music captured from a CD, and student multimedia projects that contain copyrighted materials.
Have they violated copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Issue - Pictures
Original pictures belong to school and do not have copyright issues
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Issue - Music
• Up to 10% but no more than 30 seconds
• Alterations cannot change the basic melody or the fundamental character of the work
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Issue – Student Projects
• If the student project contains copyrighted materials, only the student may make the presentation. • Teachers may not keep copies
• If no copyrighted materials are used, only the student’s permission is required.
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Teacher Projects
• May teachers use copyrighted materials in multimedia projects created for workshops, staff development, and conferences?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Teachers
“…multimedia projects may be used to teach in-service classes, for presentations at faculty meetings, workshops, and conferences.”
Becker, Gary H. Copyright: A Guide to Information and Resources. 3rd Ed. Lake Mary, 2003. 58-59.
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Internet
• No fair use guidelines
• Assume everything is copyrighted
• Use existing fair use guidelines for appropriate media format
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Fair use ends when control of the work is lost, such as when it is accessed by others over the Internet.
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Scenario – The Web siteA Web savvy student creates your school’s Web site.
The principal finds information that she considers controversial and has the system’s technician remove it from the site..
Has she violated copyright?
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Unless the Web site was created as a work-for-hire or under a written agreement, the student holds the copyright.
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Managing Copyright Policy
• Carol Simpson, Assistant Professor at University of North Texas
• Copyright for Schools: A Practical Guide. 4th ed. Worthington: Linworth Publishing, Inc., 2005.
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Managing Copyright
• Things
• People
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Things
• Recordkeeping• licenses• purchase orders/performance rights
• Post copyright compliance notices on equipment
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Things
• Clarify what is protected• information labels• compliance statements
• Tell people what they may use• fair use• licenses • permissions
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
People - Teachers
• Handle resistance
• Eliminate myths
• Educate the faculty/admin/staff
• Take small steps
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
People
Staff• clerical staff usually not aware
of copyright restrictions
Students• ethics and fair use
curriculum
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Roles - Media & Technology staff
• Not the copyright police
• Most knowledgeable person on staff
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Roles - Media & Technology staff
Education and awareness• policy• faculty meeting reviews• signed statement yearly• usage forms
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Roles - Principal
• Administrator is most at risk
• Make policy known
• Support to media /technology staff
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Roles -Principal
• Model and support appropriate behavior
• Be aware - monitor hallways, classrooms, extracurricular activities
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Roles – Teachers & Staff
• Understand fair use
• Abide by copyright laws and policies
• Model copyright compliance
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
Roles - Students
Learn and follow the rules
• fair use rights
• citations
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STATE BOARD OF EDUCATION DEPARTMENT OF PUBLIC INSTRUCTION
More InformationCitation information
www.ncwiseowl.org/reference/citations.htm
Copyright handouthttp://www.ncwiseowl.org/zones/professional/Conferences/Copyright.doc
John Brim, 919-807-3288, [email protected]
In compliance with federal law, including the provisions of Title IX of the Education Amendments of 1972, N C Public Schools administers all state-operated educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender, except where exemption is appropriate and allowed by law.