Copyright in a Nutshell Modified by John Koester Original by Pamela Kuck Instructional technology Director CESA 8 223 W. Park St. Gillett, WI 54124 920-855-2114.

Copyright in a Copyright in a NutshellNutshellModified by John KoesterModified by John Koester

Original by Pamela Kuck

Instructional technology Director

CESA 8

223 W. Park St.

Gillett, WI 54124

920-855-2114

[email protected]

Fair Use Guidelines Include:Fair Use Guidelines Include:

purpose and character of usepurpose and character of use

nature of copyrighted worknature of copyrighted work

amount and substantiality of workamount and substantiality of work

effect and use upon potential marketeffect and use upon potential market

You You may may useuse audiovisual materials audiovisual materials when:when:

It is shown as part of the instructional programIt is shown by students, teachers, or guest speakersIt must be shown in classrooms or other similar placesMust be shown in a face-to-face situation or in the same building or general areaIt must be shown only to students or educatorsCopyright notice must be included and it must be a legitimate copy

You You may may notnot useuse audiovisual materials when: audiovisual materials when:

It is for entertainment or recreational purposes unrelated to a teaching activityIt is transmitted by radio or television from an outside location (like closed circuit from another building)It is shown to an audience other than students or teachers, even when students or teachers are presentIt is an illegally acquired or duplicated copy

You You can’tcan’t copy: copy:

to substitute for purchase or replacementworkbooks, exercises, standardized tests, or answer sheetsthe same item by the same teacher term after termif it is directed by a higher authorityif there is a charge to students beyond the photocopy chargeto create, replace, or substitute for anthologies, compilations or collective workscommercially made videotapes, such as feature films or educational tapesprograms on cable channels or satellite TV, such as HBO or PrimeTime. (There are some exceptions on the Discovery Channel)

These conditions are These conditions are requiredrequiredfor taping off-the-air:for taping off-the-air:

Teacher must specifically request the copy

A notice of copyright must be included

It must be shown to students within

10 school days

It must be erased within 45 days

It must be used for instructional, not recreational

purposes

A video produced for home use canA video produced for home use canbe used in the classroom only ifbe used in the classroom only ifthe following criteria are met:the following criteria are met:

use must take place in an educational institution

use must take place in a classroom or similar place devoted to instruction

use must be part of the regular instructional process, thus ruling out extra-curricular or recreational uses

use must be by the teacher and the students, teacher and video must all be face-to-face, thus ruling out transmissions from outside of the building

video must be a lawfully made copy

Software Copyright Software Copyright IssuesIssues

It is never legal to copy software. You can It is never legal to copy software. You can make one back-up copy to be used if the make one back-up copy to be used if the original fails. You cannot use the back-up original fails. You cannot use the back-up copy on a computer simultaneously with the copy on a computer simultaneously with the master copy.master copy.

You can adapt the program by adding content You can adapt the program by adding content or adapting to another language; however, or adapting to another language; however, you cannot sell, distribute, or transfer the you cannot sell, distribute, or transfer the adapted version of that program. It is illegal adapted version of that program. It is illegal to make or distribute copies of copyrighted to make or distribute copies of copyrighted materials without authorization.materials without authorization.

You can loan computer software in the school You can loan computer software in the school media center.media center.

Multimedia GuidelinesMultimedia GuidelinesStudents May incorporate portions of lawfully acquired copyrighted works

when producing their own educational multimedia projects for a specific course

May perform and display their own projects in the course for which they were created

May retain them in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.

Educators May incorporate portions of lawfully acquired copyrighted works

when producing educational multimedia projects to support their teaching needs.

May present their projects in face to face instruction when assigned to students for directed self study and for

remote instruction (with limitations)

LimitationsLimitations

TimeTime

PortionPortion

CopyingCopying

DistributionDistribution

Text MaterialText Material

Up to 10% or 1,000 words, whichever is less, of a single

copyrighted work of text

For the purposes of teaching, a single copy of any of the

following can legally be used:

A chapter from a book

An article from a newspaper or periodical

A short story, short essay, or short poem, whether or not

from a collected work

A chart, graph, diagram, drawing, cartoon, or picture from a

book, periodical or newspaper

Multiple CopiesMultiple CopiesMultiple copies may be made by teachers of any of the following: Poems or excerpts of poems less than 250

words Complete articles, stories or essays of less

than 2500 words words or 10% of the work, whichever is less

One chart, graph, drawing, etc. per book or periodical issue

Excerpts of children’s books containing up to 10% of the works in text

Prose excerpts of less than 1000 words

Text Material PoemsText Material Poems

An entire poem of less than 250 words

No more than 3 poems by one poet

No more than 5 poems by different poets from

any single anthology

In poems of greater length

Up to 250 words

No more than 3 excerpts by a single poet

No more than 5 excerpts by different poets

from any single anthology

Music Lyrics andMusic Lyrics andMusic VideoMusic Video

Up to 10%

No more than 30 seconds of music and

lyrics from a single musical work

Any alterations to a musical work, shall

not change the basic melody or the

fundamental character of the work

Illustrations and Illustrations and PhotographsPhotographs

Reproduction or incorporation of photographs and

illustrations is more difficult to find with regard to fair

use because fair use usually precludes the use of an

entire work

A photograph or illustration may be used in its

entirety

No more than 5 images by an artist or a

photographer

Not more than 10% or 15 images, whichever is less,

from a single published and collected work

Downloading from the Downloading from the InternetInternet

CautionCaution is advised in using digital material is advised in using digital material

downloaded from the Internetdownloaded from the Internet– Internet access Internet access does notdoes not automatically mean automatically mean

that works can be reproduced and reused that works can be reproduced and reused

without permission or licensewithout permission or license

– Some copyrighted works may have been Some copyrighted works may have been

posted to the Internet posted to the Internet without authorizationwithout authorization

of the copyright holderof the copyright holder

Common Copyright Common Copyright Misconceptions:Misconceptions:

If something doesn’t have a copyright symbol, it is not copyrighted

Copyright laws apply only to text

If you change the media of the original image, then--for example, if you draw a copy of an image--you do not need to obtain rights to use the image

If you do not publish the altered image, sell it, or display it publicly, you’re ok

Copyright does not exist internationally

Miscellaneous InformationMiscellaneous Information

Much material available on the web is covered by copyright. You must acknowledge itFor commercial users, get permissionMake assumption that permission has not been received for anything on the webIts not necessary to have a copyright statement on the page in order for materials to be covered by copyrightClosed circuit showings are automatically considered public performance and require a licenseMaterial taped off television or cable TV may not be shown at any time

Full Text of the Fair Use Full Text of the Fair Use Guidelines are available atGuidelines are available at

http://www.libraries.psu.edu/avs/fairuse/default.html

http://www.sju.edu/~lees/FU-contents.html

Check out this Web Site for more informationCheck out this Web Site for more information

http://jkoester1.home.mindspring.com/copyright.htmhttp://jkoester1.home.mindspring.com/copyright.htm