As applied to Madison City Schools. 2 Material from Gary Becker’s book Copyright: A Guide to Information And Resources, 2 nd Edition (1997) [email protected].

as applied to as applied to

Madison City SchoolsMadison City Schools

2

Material from Gary Becker’s bookMaterial from Gary Becker’s book

Copyright: A Guide to InformationCopyright: A Guide to Information

And ResourcesAnd Resources, 2, 2ndnd Edition (1997) Edition (1997)

[email protected]

Material from Gary Becker’s bookMaterial from Gary Becker’s book

Copyright: A Guide to InformationCopyright: A Guide to Information

And ResourcesAnd Resources, 2, 2ndnd Edition (1997) Edition (1997)

[email protected]

3

Basic Copyright Law

4

What is Copyright?What is Copyright?

Copyright is the legal EXCLUSIVEEXCLUSIVE right of the

author to control the copying and use of their work.

5

Since the Berne World Copyright Berne World Copyright Convention in 1989Convention in 1989, almost everything created privately and originally is copyrighted and protected whether it has a notice or not.

Since the Berne World Copyright Berne World Copyright Convention in 1989Convention in 1989, almost everything created privately and originally is copyrighted and protected whether it has a notice or not.

http://www.templetons.com/brad/copymyths.htmlhttp://www.templetons.com/brad/copymyths.html

6

Copyright & Time Copyright & Time Limits:Limits:

Works CopyrightedWorks Copyrighted before 1978before 1978:

28 years and renewal of 47 years

Works CopyrightedWorks Copyrighted in 1978 &in 1978 & After After :

Life of the author, + 50 years

(If joint authors, life + 50 years of surviving author)

Works CopyrightedWorks Copyrighted before 1978before 1978:

28 years and renewal of 47 years

Works CopyrightedWorks Copyrighted in 1978 &in 1978 & After After :

Life of the author, + 50 years

(If joint authors, life + 50 years of surviving author)

7

Author's RightsAuthor's Rights

Copyright owners have EXCLUSIVE rights to:

1. Reproduction of work.

2. Prepare a derivative work based on copyrighted work.

3. Distribution of the work by public sale, transfer of ownership, or by rental lease.

4. Performance of the work publicly.

5. Display of the work publicly.

Copyright owners have EXCLUSIVE rights to:

1. Reproduction of work.

2. Prepare a derivative work based on copyrighted work.

3. Distribution of the work by public sale, transfer of ownership, or by rental lease.

4. Performance of the work publicly.

5. Display of the work publicly.

Fair Use

9

What is Fair Use?What is Fair Use?

Fair UseFair Use is an United States exception to the copyrights of an author.

Fair UseFair Use is an United States exception to the copyrights of an author.

10

Fair Use ConceptFair Use Concept

“The “Fair UseFair Use" concept varies from country to country, and has different names (such as “Fair Dealing" in Canada) and other limitations outside the USA. “

“The “Fair UseFair Use" concept varies from country to country, and has different names (such as “Fair Dealing" in Canada) and other limitations outside the USA. “


11

Presupposes good faith and fair dealing.

Balancing Fair UseBalancing Fair Use

1. Fair UseFair Use is designed to balance the protection rights of the author with the needs of society.

2. Fair UseFair Use presupposes good faith & fair dealing.

12

Reason for Fair UseReason for Fair Use

The “Fair UseFair Use" exemption was created to allow things like commentary, parody, news reporting, research, education, etc. for copyrighted work without the permission of the author.

13

Applying Fair UseApplying Fair Use Reproduction of an entire work can be a

major copyright problem. FAIR USE is usually a short excerpt and one

should not use more of the work than necessary.

Fair Use: Using movies in the classroom should not harm the commercial value of the work -- in the sense that people no longer need to buy the original.

Reproduction of an entire work can be a major copyright problem.

FAIR USE is usually a short excerpt and one should not use more of the work than necessary.

Fair Use: Using movies in the classroom should not harm the commercial value of the work -- in the sense that people no longer need to buy the original.


14

Fair Use & VideosFair Use & Videos

Fair Use generally applies to written materials. (Books, Articles, Speeches, etc.)

Fair Use exemptions are limited when dealing with Videos. The copying of Videos, DVDs, CDs have specific legal copyright requirements.

See: Videotaping and CopyrightSee: Videotaping and Copyright

Fair Use generally applies to written materials. (Books, Articles, Speeches, etc.)

Fair Use exemptions are limited when dealing with Videos. The copying of Videos, DVDs, CDs have specific legal copyright requirements.

See: Videotaping and CopyrightSee: Videotaping and Copyright

15

Courts & Fair UseCourts & Fair Use

The U. S. Courts follow The U. S. Courts follow

FOUR criteria in FOUR criteria in

determining Fair Use.determining Fair Use.

The U. S. Courts follow The U. S. Courts follow

FOUR criteria in FOUR criteria in

determining Fair Use.determining Fair Use.

16

Court’s Court’s 11stst Criteria Criteria for FAIR USEfor FAIR USE

1.1. Purpose & Character of UsePurpose & Character of Use: :

Is the item used for commercial

or nonprofit educational uses?

17

Court’s Court’s 22ndnd Criteria Criteria for FAIR USEfor FAIR USE

2. Nature of the Copyrighted Work:2. Nature of the Copyrighted Work: Material designed for educational use are

less susceptible to a claim of Fair Use.

Fair Use is greater in the case of factual works than for creative, original, or fiction works.

2. Nature of the Copyrighted Work:2. Nature of the Copyrighted Work: Material designed for educational use are

less susceptible to a claim of Fair Use.

Fair Use is greater in the case of factual works than for creative, original, or fiction works.

18

Court’s Court’s 33rdrd Criteria Criteria for FAIR USEfor FAIR USE

3.. The The quantityquantity & & qualityquality of of the portion copied in the portion copied in

relation to the whole body relation to the whole body of work.of work.

19

Court’s Court’s 44thth Criteria Criteria for FAIR USEfor FAIR USE

4. The effect of the use 4. The effect of the use upon the potential upon the potential market or the value of market or the value of the copyrighted work.the copyrighted work.

20

Remember the Remember the Concepts of Fair UseConcepts of Fair Use

“Facts and ideas can't be copyrighted, but their expression and structure can.”

“You can always write the facts in your own words.”

“Facts and ideas can't be copyrighted, but their expression and structure can.”

“You can always write the facts in your own words.”


21

A Teacher’s A Teacher’s Legal LiabilityLegal Liability

The court must waive statutory penalty for

an employee of a nonprofit school or

library, where the employee can prove they

believed they were operating under “Fair Fair

UseUse” interpretation.

Ruling Does Not Eliminate Civil Suits!!!

The court must waive statutory penalty for

an employee of a nonprofit school or

library, where the employee can prove they

believed they were operating under “Fair Fair

UseUse” interpretation.

Ruling Does Not Eliminate Civil Suits!!!

22

Copyright Copyright Infringement Infringement

PenaltiesPenalties * $ 500.00 to $ 20,000 $ 500.00 to $ 20,000 perper Infringement Infringement.

If the law is broken by willful intent, statutory penalty may be raised to $ 100,000.

* $ 500.00 to $ 250,000 $ 500.00 to $ 250,000 perper Infringement Infringement and/orand/or 1-5 years imprisonment, if found guilty of

willfully infringing on the law for private or commercial gain.

* $ 500.00 to $ 20,000 $ 500.00 to $ 20,000 perper Infringement Infringement. If the law is broken by willful intent,

statutory penalty may be raised to $ 100,000.

* $ 500.00 to $ 250,000 $ 500.00 to $ 250,000 perper Infringement Infringement and/orand/or 1-5 years imprisonment, if found guilty of

willfully infringing on the law for private or commercial gain.

23

Madison City SchoolsMadison City Schools

The Madison City School Board has

indicated that it will not legally

support, nor employee, any teacher

that knowingly infringes on or shows

disregard for U.S. Copyright Laws.

24

CopyrightCopyright

& Photocopying& Photocopying

25

Making a Making a SingleSingle Copy Copy

When is it legal?When is it legal?

1. A chapter of a book.

2. An article from a periodical or newspaper.

3. A short story, short essay or short poem.

4. A chart, diagram, cartoon or picture from a book, periodical, etc.


1. A chapter of a book.

2. An article from a periodical or newspaper.

3. A short story, short essay or short poem.

4. A chart, diagram, cartoon or picture from a book, periodical, etc.

26

Making Making SeveralSeveral Copies Copies


1. A complete poem, if less than 250 words.

2. An excerpt from a longer poem, not to exceed 250 words.

3. A complete article, story, or essay of less than 2,500 words.


1. A complete poem, if less than 250 words.

2. An excerpt from a longer poem, not to exceed 250 words.

3. A complete article, story, or essay of less than 2,500 words.

27

MULTIPLEMULTIPLE Photocopying Photocopying4. Excerpt from a larger article, story, or

essay NOT to exceed 2,500 words or 10% of the whole, whichever is less.

5. One chart, graph, diagram, cartoon, or picture per book or periodical issue.

6. Special works containing prose, poetry, and illustrations, but limited to no more than 10% of the total works.

4. Excerpt from a larger article, story, or essay NOT to exceed 2,500 words or 10% of the whole, whichever is less.

5. One chart, graph, diagram, cartoon, or picture per book or periodical issue.

6. Special works containing prose, poetry, and illustrations, but limited to no more than 10% of the total works.

28

CartoonsCartoons

Syndicated or Copyrighted

Cartoon CharactersCartoon Characters are

NOT Permitted to be Copied.

Syndicated or Copyrighted

Cartoon CharactersCartoon Characters are

NOT Permitted to be Copied.

29

Limits to PhotocopyingLimits to Photocopying

1. Copy is made for ONE course only.

2. One work from a single author.

3. NO more that three authors from a collective work.

4. NO more than nine instances of multiple copying in ONE TERM.

1. Copy is made for ONE course only.

2. One work from a single author.

3. NO more that three authors from a collective work.

4. NO more than nine instances of multiple copying in ONE TERM.

30

Limits to PhotocopyingLimits to Photocopying

5. Copying does not replace or substitute for anthologies or collective work.

6. Same item is not reproduced TERM to TERM.

7. NO charge made to students beyond actual photocopy cost.

5. Copying does not replace or substitute for anthologies or collective work.

6. Same item is not reproduced TERM to TERM.

7. NO charge made to students beyond actual photocopy cost.

31

Photocopying of Photocopying of Out-of-PrintOut-of-Print MaterialMaterial

Out-of-Print is not necessarily Out-of-Copyright;

If copyright is still in effect, you must request permission.

Out-of-Print is not necessarily Out-of-Copyright;

If copyright is still in effect, you must request permission.

Copyright Copyright & &

Videos or DVDs Videos or DVDs in the Classroomin the Classroom

33

Videos & DVDsVideos & DVDsin the Classroom.in the Classroom.

Teachers are not allowed to use rental Videos or DVDs

in MCS classrooms. Madison City School Board Section 110(1)

34

The reason for NO Rental Videos in a MCS classroom is the contract signed when you originally enrolled with your video rental provider generally states, that you will abide with U. S. Copyright Laws and rental videos are for "Home Use Only."

There are always some gray area arguments in Copyright Law. However, the national literature recommends that school districts take the legally safe approach to video rentals. In today’s legal world, teachers and their school districts are actively being sued for copyright infringements. Past suits were for showing free or rented "Home Use Only" videos acquired from rental companies and then shown to large groups of people, such as: students in the classroom, church groups, college campus groups, etc. Without permission from the Movie Corporations.

35

Videos & DVDsVideos & DVDsin the Classroom.in the Classroom.

Copyright law requires that the use of videos in the classroom:

1. Must be for Academic Purposes only. Academic Purposes only.

2.2. Must be part of a Teacher’s Active Must be part of a Teacher’s Active Lesson PlanLesson Plan..

3. Can NOT be for just RewardReward or strictly Entertainment ValueEntertainment Value.

36

Videos & DVDs that are Videos & DVDs that are Approved for Classroom UseApproved for Classroom Use

1. Teachers are allowed to show: School owned Videos & DVDs. Public Library Videos & DVDs. Teacher owned Videos & DVDs.

Providing the video is directly related to instruction & incorporated into the teacher’s active lesson plan.

37

Copyright and

Videotaping

38

Off-Air Videotaping #1Off-Air Videotaping #1(Teacher & Classroom Use)(Teacher & Classroom Use)

The privilege of off-air taping applies only to non-profit educational institutions.

Programs taped must be used directly for instruction and not entertainment.

Programs may only be taped from broadcasting stations from which no payment is made to receive programs.

Knology provides MCS free cable access.

The privilege of off-air taping applies only to non-profit educational institutions.

Programs taped must be used directly for instruction and not entertainment.

Programs may only be taped from broadcasting stations from which no payment is made to receive programs.

Knology provides MCS free cable access.

39

Off-Air VideotapingOff-Air Videotaping 45 /10 Day Rule:45 /10 Day Rule: If you do not know the

copyright time period allotted to a video, then a teacher has 10 school days to view the video once in each class, & 45 days to erase the video.

Videos using the 45/10 day rule45/10 day rule, may only be used with students during first 10 consecutive school days.

45 /10 Day Rule:45 /10 Day Rule: If you do not know the copyright time period allotted to a video, then a teacher has 10 school days to view the video once in each class, & 45 days to erase the video.

Videos using the 45/10 day rule45/10 day rule, may only be used with students during first 10 consecutive school days.

40

Off-Air Videotaping #3Off-Air Videotaping #3(Teacher & Classroom (Teacher & Classroom

Use)Use) Recordings may only be made at the

request of or by teachers.

No broadcast program may be recorded off-air more than once for the same teacher, no matter how many times broadcast.

Recordings may only be made at the request of or by teachers.

No broadcast program may be recorded off-air more than once for the same teacher, no matter how many times broadcast.

41

Off-Air Videotaping #4Off-Air Videotaping #4(Teacher & Classroom Use)(Teacher & Classroom Use)

Limited number of copies may be made to service all teachers requesting use, but all governed by same 10 day use, 45 day erasure period.

Program must be recorded in its entirety and may not be altered/edited.

Limited number of copies may be made to service all teachers requesting use, but all governed by same 10 day use, 45 day erasure period.

Program must be recorded in its entirety and may not be altered/edited.

42

Taping from Satellite or Taping from Satellite or Cable Cable (Teacher / Classroom Use) (Teacher / Classroom Use)

#2#2 Permissible when copyright holder offers

rights without requesting. (Examples: Cable in the Classroom programming; C-Span; Channel One; special Satellite Broadcasting)

May tape programs from cable that may also be received on local, open-air broadcast stations. (Same channels you can receive with “rabbit ears” that are carried on cable).

Permissible when copyright holder offers rights without requesting. (Examples: Cable in the Classroom programming; C-Span; Channel One; special Satellite Broadcasting)

May tape programs from cable that may also be received on local, open-air broadcast stations. (Same channels you can receive with “rabbit ears” that are carried on cable).

43

Using Videotapes with the Using Videotapes with the “Home Use Only“Home Use Only” Warning Label #1” Warning Label #1

Purchased videos may be used for direct instruction only & not for strictly entertainment purposes.

Rental videos are not permitted in the Madison City Schools.

Purchased videos may be used for direct instruction only & not for strictly entertainment purposes.

Rental videos are not permitted in the Madison City Schools.

44

Using Videotapes with theUsing Videotapes with the “Home-Use-Only” Warning Label #2“Home-Use-Only” Warning Label #2

3. Libraries may acquire and loan videos.

4. Libraries wishing to make videos available for public viewing in the library would need to obtain public performance rights.

3. Libraries may acquire and loan videos.

4. Libraries wishing to make videos available for public viewing in the library would need to obtain public performance rights.

45

Teradon System is a Teradon System is a Closed Circuit TV Closed Circuit TV System or CCTV.System or CCTV.

1. In general, copyright permission is granted for instructional programs to be viewed in the classroom by educational venders. However, some may charge for closed circuit rights or may require separate permit for CCTV use.

2. Most educational video venders give copyright permission to use their videos in a CCTV system or stand alone TV.

1. In general, copyright permission is granted for instructional programs to be viewed in the classroom by educational venders. However, some may charge for closed circuit rights or may require separate permit for CCTV use.

2. Most educational video venders give copyright permission to use their videos in a CCTV system or stand alone TV.

46

Using Videos on Closed Using Videos on Closed Circuit Systems (CCTV) #2Circuit Systems (CCTV) #2

3. Discovery Channel will NOT give permission to use their videos in a Teradon System /CCTV System. However, they do give permission for their products to be shown to one class at a time, using a TV & VCR/DVD unit.

Their reasoning: CCTV systems allow more than one class at a time to view a video.

3. Discovery Channel will NOT give permission to use their videos in a Teradon System /CCTV System. However, they do give permission for their products to be shown to one class at a time, using a TV & VCR/DVD unit.

Their reasoning: CCTV systems allow more than one class at a time to view a video.

47

Using Videos on Closed Using Videos on Closed Circuit Systems (CCTV) #Circuit Systems (CCTV) # 33

4. In general, programs provided by State Departments of Education, higher education governing boards, or State Library Systems can be used with a CCTV system.

4. In general, programs provided by State Departments of Education, higher education governing boards, or State Library Systems can be used with a CCTV system.

Copyright Copyright & &

Computers, Computers, Internet & Internet &

CDsCDs

49

Making Copies of Making Copies of Computer SoftwareComputer Software

By law, the legitimate owner of a legitimate copy of software may:

1. Make a copy or adaptation of the program in order to be able to use the program with the machine.

2. Make a copy for archival / preservation / back-up purposes. (Cannot be used as another working copy).

By law, the legitimate owner of a legitimate copy of software may:

1. Make a copy or adaptation of the program in order to be able to use the program with the machine.

2. Make a copy for archival / preservation / back-up purposes. (Cannot be used as another working copy).

50

Copying from CD/ROM Copying from CD/ROM Sources:Sources:

In general, you may copy

information from a CD-ROM, if you

are applying the photocopying

guidelines.

In general, you may copy

information from a CD-ROM, if you

are applying the photocopying

guidelines.

51

Copying from the Copying from the InternetInternet

Unless otherwise stated, one should assume that all materials on the Internet, including web sites, are copyrighted and that existing copyright guidelines apply.

When in doubt, permission should be secured from the copyright holder.

Unless otherwise stated, one should assume that all materials on the Internet, including web sites, are copyrighted and that existing copyright guidelines apply.

When in doubt, permission should be secured from the copyright holder.

52

Using Copyrighted Material Using Copyrighted Material in Multi-Media Productions in Multi-Media Productions

#1#1

User Limitations: STUDENT

May create, perform and display multimedia productions, for educational uses, only in the course for which it was created and may retain for portfolio use.

User Limitations: STUDENT

May create, perform and display multimedia productions, for educational uses, only in the course for which it was created and may retain for portfolio use.

53

Using Copyrighted Material in Using Copyrighted Material in Multi-Media Productions #2Multi-Media Productions #2

User Limitations: EDUCATORS

May create, perform and display multimedia productions for educational uses, for the purposes of face-to-face instruction, assigning students to self-study, for remote instruction to students, at peer conferences and may retain for their professional portfolio.



54


Time Limitations: STUDENTS

May only use their productions for and during the course for which it was prepared. However, they may retain, indefinitely, for their personal portfolio.

Time Limitations: STUDENTS

May only use their productions for and during the course for which it was prepared. However, they may retain, indefinitely, for their personal portfolio.

55

Using Copyrighted Using Copyrighted Material in Multi-Media Material in Multi-Media Productions #4Productions #4 User Limitations: EDUCATORS




56


#5#5

Portion Limitations: Motion Media

May take up to 10% or 3 minutes, whichever is less, in the aggregate, of a copyrighted motion media work.

Portion Limitations: Motion Media

May take up to 10% or 3 minutes, whichever is less, in the aggregate, of a copyrighted motion media work.

57


Portion Limitations: Text Material

Poems longer than 250 words, may use 250 words, but no more than 3 excerpts by a poet, or single excerpts from different poets from a single anthology.

Portion Limitations: Text Material

Poems longer than 250 words, may use 250 words, but no more than 3 excerpts by a poet, or single excerpts from different poets from a single anthology.

58


Portion Limitations: Music, Lyrics, Music Video:

1. May use up to 10% or a maximum of 30 seconds of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work).

2. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

Portion Limitations: Music, Lyrics, Music Video:

1. May use up to 10% or a maximum of 30 seconds of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work).

2. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

59


#8#8Portion Limitations: Illustrations &

Photographs:

1. When using photographs or illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be used.

2. No more than one copy of a single images by an artist or photographer may be used.

Portion Limitations: Illustrations & Photographs:

1. When using photographs or illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be used.

2. No more than one copy of a single images by an artist or photographer may be used.

60


Portion Limitations: Numerical Data Sets

1. May take up to 10% or 2500 fields, whichever is less, from a copyrighted database or data table.

Portion Limitations: Numerical Data Sets

1. May take up to 10% or 2500 fields, whichever is less, from a copyrighted database or data table.

61

CopyrightCopyright Office Office AddressAddress

Copyright Office, Library of Congress, Washington, DC.

1. To speak to an information specialist, M-F, 8:30-5:00, call 202-707-3000 (They do not interpret the law)

2. To request publications or applications forms, 24hrs a day, call 202-707-9100

Web site: http://lcweb.loc.gov/copyright/

Copyright Office, Library of Congress, Washington, DC.

1. To speak to an information specialist, M-F, 8:30-5:00, call 202-707-3000 (They do not interpret the law)

2. To request publications or applications forms, 24hrs a day, call 202-707-9100

Web site: http://lcweb.loc.gov/copyright/

62

Contact your school’s library media specialist or an administrator if you have specific questions related to copyright.

(PowerPoint provided by Debbie Cox and Madison City Schools,

2009)

As applied to Madison City Schools. 2 Material from Gary Becker’s book Copyright: A Guide to Information And Resources, 2 nd Edition (1997) [email protected].

Documents

fair use concept

claim of fair use

fair use exemptions

courts fair

use videosfair use

fair usereproduction

fair use2

fair use3