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COPYRIGHT FOR EDUCATORS Jackie Pierson WS/FC Schools Program Manager Library/Media Services
COPYRIGHT AND FAIR USE l COPYRIGHT AND FAIR USE All employees are expected to follow US Copyright laws and guidelines. Copyright Law is not new. Law originated in the 1860’s and was updated in 1976 and updated again in 1998. Current Congress is updating to address digital and Internet issues. (TEACH Act)
What does copyright protect? l US Law protects the duplication, performance, sale, and usage rights of “authors of original works, including literary, dramatic, musical, artistic, and certain other intellectual works. ” (Title 17, US Code). *literary works *sound recordings *musical works *pictorial and graphic works *dramatic works *motion pictures and audiovisual
Copyright protects l l l Protects ideas, creative works, publications Encourages creativity Protects an artist’s livelihood Gives controls to authors/creators while encouraging use of creative materials by others Fair Use is expanding to help educators.
Aren’t teachers exempt? l l l Teachers may use certain materials under Fair Use guidelines without written permission. All other materials used must have the permission of the copyright owner. Fair Use addresses a ONE TIME use for instructional purposes—further use requires written permission. Teachers, administrators, and institutions can be sued for copyright infringement. Ignorance of the law is not a valid ‘excuse” in the even of a dispute or lawsuit. There are no copyright police, BUT anyone can report violations to the FBI. (civil and criminal penalties)
What can I do? l Students and teachers may: – – – Use small amounts of copyrighted works and credit source and/or copyright holder for classroom activities. (See chart) Show projects at conferences, open house, classrooms—for two years Keep for a portfolio Create a hyperlink on a web page (as long as it is set up to credit original material) Chart for Fair Use chart
Fair Use l l Only teachers in a CLASSROOM ( or password protected online classroom) can claim fair use of copyrighted materials. Fair use is a ONE TIME exemption from asking for permission to use. Copyrighted materials must be part of an instructional lesson. Certain guidelines apply. See chart for Fair Use chart
Steps to take when planning l When planning your lessons or creating a multimedia presentation or web page, consider copyright issues: *If using something you did not write or create, check copyright guidelines. *Review Fair Use Guidelines. *If it is not clear that it is “free to use, ” write for permission to use. * Use items from Creative Commons. l Refer to Fair Use guidelines chart.
Fair Use l l l Fair use is a term used to authorize use of copyrighted materials for INSTRUCTIONAL PURPOSES ONLY. Fair Use applies to all formats including videos, graphics, and web elements. Your media coordinator/librarian can assist you in answering your copyright questions. Fair Use Checklist Fair Use Guidelines Chart
Fair Use l l All ideas and creations are copyrighted at time of creation. All teachers teach this concept within the SCOS Information Skills curriculum. Fair use usually addresses a spontaneous, one-time use of a copyrighted materials. Repeated uses need further permission from the owner of copyright. Student work is copyrighted. You may require student’s permission to post/use. (Some teachers send home “Intent to Post” letters at beginning of school. ) Copyright Bay
Copyright Holder has rights to: Reproduction (including dubbing of videos/ DVD’s/ sound recordings l Alteration and adaptations l Distribution and sale of product/work l Performance l Display When in doubt, throw it out or ask for permission l
Learn NC states: l l l “Everything that you find on the Internet is copyrighted, whether or not the copyright is stated explicitly…as a rule of thumb, assume that anything you or your students find on the Internet is copyrighted. ” “When something is saved on a computer, it has been created. ” Learn NC
Defining Distribution l l l Posting items on a webpage constitutes “distribution. ” Once you lose “control” of your audience/classroom, fair use ends. Making copies for an entire grade level/department/school system (without permission of copyright holder) violates Fair Use distribution guidelines.
Specifics of Fair Use l Short portions – – – Text guidelines (See chart) 30 seconds of a song 5 images by one artist or photographer 15 images from a collective work 3 minutes of motion media or 10% (smallest amount)
Specifics: Text l See Fair Use Guidelines chart – – You may not read a copyrighted text onto an audiotape (even if in an IEP or mentioned in a workshop) WITHOUT PERMISSION. If a recorded version can be purchased, you probably will not be granted permission. SOME situations may be FAIR USE if only a small portion of the text is recorded AND is part of an IEP. Watch number of copies you make, percentage of entire work you copy, and how often you use them Cannot use from one semester to another WITHOUT PERMISSION Give credit when using even if it is fair use.
Specifics: Textbooks//Worksheets l l You cannot copy//scan consumable worksheets. Check copyright statement on worksheet or in front of workbook for limits on copying. You do not have automatic rights to worksheets/workbooks from prior textbook adoptions. Ask for permission to copy//scan. Check copyright permissions in front of books/resources designed to be used by teachers for lesson planning. Liberal copying rights are sometimes granted.
Textbooks/Ancillary Resources l l Teachers have rights to make copies only of/with current adoption materials. Check with Program Manager for past adoption materials (depends on publisher). Ancillary Resources (CD’s, blackline masters, Teacher’s Editions, etc. ) are to be used only by teachers and copies cannot be made of the CD’s themselves. (In other words, one CD per teacher should be ordered. )
Specifics: Video l l l l Cannot dub or copy videos WITHOUT PERMISSION Performance rights usually are NOT INCLUDED when videos are rented. (Beware of Disney titles) All videos MUST be used only for face to face instruction— directly connected to SCOS objective (even if your school owns it). Always preview. Videos cannot be used for reward, babysitting, or entertainment. Purchase Movie Licensing license if showing a video for noninstructional purposes (PTA, after school programs, etc. ). Additional WSFCS School Board Policies apply for use of Rated entertainment videos. Video Policy Charts
Video Use in WSFCS Schools Videos CAN be used in classrooms IF: l They are part of a face-to-face lesson. l They are part of a curriculum list from Central Office (none exist at the elementary level at this time including AG). l They are instructionally sound. l They have performance rights (not purchased from Walmart). l They have been added to the media center collection according to Selection Policy Standards. Our school board further limits the viewing of videos rated for entertainment. Video Policy Charts
Video Use in WSFCS Videos cannot be shown in after-school day care programs, during PTA meetings, as “rewards” for testing, or for “Fun Fridays” unless the sponsoring organization purchases a license for public performance. http: //www. movlic. com/ Includes various film producers including Disney, Hallmark (Sarah Plain and Tall), Warner Bros. , Dreamworks, etc.
Specifics: Student Work l l If a teacher or student uses copyrighted material in a presentation/project, the presentation cannot be duplicated without permission of ALL copyright owners. Multiple copies of CDs/videos made of student performances must have mechanical licenses. Go to Harry Fox/BMI/ASCAP websites for details. One master copy can be made for evaluation purposes.
Specifics: Television l l l Television programs can be used “live” if connected to the curriculum. Follow Fair Use guidelines if using taped television programs. Cable in the Classroom states copyright allowances for classroom use. Cable in the Classroom Premium channels usually are NOT released for classroom use. (HBO, Showtime) PBS/ TNT also has special guidelines. Check web sites for specific guidelines for network programs.
Music l l l Use sparingly—know fair use guidelines Teach students fair use guidelines for projects. Students have broader fair use of music FOR SCHOOL PROJECTS than teachers. Encourage students to create their own music for projects. Monitored by companies Use copyright free music for projects such as Soundzabound CD’s or files from Creative Commons. Playing CD’s in a public forum (school dances) sometimes requires a “DJ” license.
Limitations to Fair Use l l As long as project stays inside the classroom, fair use probably applies. Once project leaves classroom, fair use guidelines no longer apply. Distance education MAY be a classroom if audience is “controlled. ” Do not include another web site within a frame of your browser. User cannot determine proper URL. This practice implies YOU created the content. When including links, indicate the source.
Give Credit l l In multimedia projects, use statement at beginning of project: “This presentation was created following the Fair Use guidelines for Educational Multimedia. Certain materials are included under the Fair Use exemption of the U. S. Copyright Law. Further use of these materials and this presentation is restricted. ” (Learn NC)
Give Credit Often l l In addition to the beginning Fair Use statement, add bibliography/webliography at end of project. Use citations in proper format. Citation Machine When using copyrighted images/photographs/illustrations, cite source ON THE SLIDE in which the graphic is used. When in doubt, cite source and permission statement on slide/frame.
Permission is granted! l l l Use webmaster e-mails. Use standard letters—David Warlick’s Landmark Project has sample forms. Permission letters template Document requests and replies for permission. Use permission statements within presentation itself such as “Graphic used by permission of copyright holder. ”
Technology is available. l l Just because it is easy to copy something, it may not be ethical to copy it. Technology has made so much available to students and teachers. Technology makes projects and presentations exciting! Plan, prepare, ask for permission, and enjoy!
Licensing agreements l l Schools both produce and utilize copyrighted materials. Licensing agreements outline use, reproduction, and distribution of copyrighted materials. Creative Commons allows liberal use of original materials. Databases, online journals, and subscription services mandate passwords, number of users, reproduction rights, etc. You may not post passwords on your teacher webpage.
What can I use without permission? l l l l Materials you created Materials used within fair use guidelines for a single lesson plan Items in public domain Project Guttenberg Items in Creative Commons as designated by license Creative Commons http: //www. unc. edu/~unclng/public-d. htm http: //www. pdinfo. com/ (music and reference books) http: //www. copyright. cornell. edu/training/Hirtle_Publi c_Domain. htm
Creative Commons l l l Search here for “copyright free” resources. Examine license carefully and use appropriately. Place your creations here for “free. ” Some resources on this site may include copyrighted materials used without permission, so examine items carefully. Creative Commons
Checking out public domain l l http: //fairuse. stanford. edu/Copyright_and_Fai r_Use_Overview/chapter 8/ http: //www. gutenberg. org/ http: //copylaw. com/new_articles/Public. Domai n. html 2019—new works will enter public domain
DE Streaming l l l As long as license is current, you can use and store/copy resources. Must discard items if license runs out Includes Copyright-free pictures (just include citation under picture) Video clips DE Streaming
What about distance ed /online courses? l l l Check copyright of articles used from semester to semester. You must be able to “control” or document your students by class rolls, password protected websites, Blackboard “classes, ” etc. Limit numbers of copies to class size or necessary copies. If resources are available somewhere, simply refer students to resources rather than make/post copies. Limit e-mail attachments and web postings of copyrighted materials. Always cite sources completely. Write for permission for anything that exceeds fair use (check chart)
What about online courses? l l l Require students to cite sources and require bibliographies. Remind them of honesty code. Model correct copyright use. WRITE FOR PERMISSION for items you know are valuable to your course. Under TEACH Act, fair use guidelines apply unless permission is granted for extended portions. Institution must meet certain criteria in order to fall under TEACH Act guidelines.
Discussion Items l l l Wikipedia and similar resources—check authority of source and cross-reference facts. Pictures and graphics are tricky. Use wisely. Push for copyright policies to protect yourself. Have school system clearly outline licensing agreements. If using within a password protected website, be sure it is secure and copyrighted materials qualify. Pleading ignorance will not hold up in a lawsuit.
Weblinks l l l l http: //www. dpi. state. nc. us/copyright 1. html http: //www. librarycopyright. net/ http: //www. copyright. gov/ http: //creativecommons. org http: //falcon. jmu. edu/~ramseyil/copy. htm http: //www. benedict. com/ http: //www. cyberbee. com/copyrt. html http: //www. mpa. org/copyright_resource_center/churc h_musician#q 10
Weblinks l http: //www. respectcopyrights. org/content. html http: //fairuse. stanford. edu/ l http: //www. techlearning. com/show. Article. php? article. ID=55800210 l http: //www. copyright. com/Services/copyrightoncampus/ http: //www. menc. org/resources/view/copyright-center (Copyright Center) http: //www. whatiscopyright. org/ http: //www. lib. ncsu. edu/scc/tutorial/ http: //www. ncsu. edu/copyright/ http: //www. lib. ncsu. edu/scc/legislative/teachkit/ http: //www. ncsu. edu/midlink/posting. html (permission templates) l l l l
Review of Copyright and Creative Commons l l l Administrator's Web Portal Copyright Review Video Creative Commons Overview Video
Scenarios…Can a teacher…? l …make 25 copies of a worksheet for my students. Yes, if master comes from a teacher resource/guide that grants permission for classroom amounts. Yes, if from a resource or past textbook adoption that has granted this permission. Check copyright statement in resource. Yes, if master is from a current textbook adoption.
Can a teacher…? l…use a recorded/taped television program in the classroom? – – Yes, if it directly relates to current instruction. Yes, if it is shown within 10 days of broadcast Yes, if it is given longer copyright clearance by Cable in the Classroom. Yes, if it is not from a premium channel (HBO, Showtime, paid movie channel, etc. )
Can a teacher…? l…tape – – – a student performance? Yes, one copy for evaluation purposes. If multiple copies are made, performance must not contain copyrighted music, words, choreography, etc. unless recording license is obtained OR permission is granted for multiple copies from ALL copyright holders. Yes, as long as the tape (audio or video) is not distributed further.
Can a teacher…? post a student video or podcast on their teacher webpage? l - Yes, as long as it does not contain copyrighted materials (image, music, dance steps, etc. ) - Yes, if it contains “copyright clear” materials, those materials are properly cited.
Can a teacher…? l play a CD of music in the classroom? - Yes.
Can a teacher…? l…show – – – a “Home Use Only” video in the classroom? Yes, if it is directly related to current instruction. Yes, if it is part of face-to-face instruction. Yes, if it follows WSFCS Selection Policy for use in a classroom. Yes, if it follows WSFCS Selection Policy guidelines for rated videos. Yes, if a Movie Licensing license has been purchased if it does not fall under the above guidelines.
Can a teacher…? l…post graphics, photos, clip art, etc. on his/her teacher webpage? Yes, as long as they are copyright “clear” AND are properly cited. - Yes, if they are from Microsoft Office, they must be cited. –
Questions? ? l l Jackie Pierson Winston-Salem/Forsyth County Schools 336 -727 -2373 x 34227 [email protected] k 12. nc. us