Copyright and the Classroom

The ABC’s of using copyrighted material in the classroom

EDUC 5306: Ranelle Woolrich

ASK: What is copyright?

“Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.”

“Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”

http://www.copyright.gov/help/faq/faq-general.html#what

ASK: What is copyright

infringement?

Copyright protection begins from the moment a work is created into a fixed or tangible form. The argument that the owner does not have a registered copyright is invalid.

If a copyrighted work is copied, distributed, displayed, performed, or transformed into a derivative work without the copyright owner’s permission, then copyright infringement has occurred.

ASK: What are the consequences?

• Non-willful Infringement:

* Compensation of lost profits or

* Fine between $250-$150,000

• Willful Infringement:

* Possible criminal liability in addition to fines

* Jail sentence of 1-5 years depending on value of the work copyrighted

What are my options?

Ask for permission from the copyright owner or

Be wise about FAIR USE and EDUCATIONAL GUIDELINES

Classroom…Use Educational Guidelines to determine the use of copyrighted material

BE WISE: Fair Use “Fair Use” allows for the use of portions

some copyrighted material to be used without permission of the copyright owner. It is not an exception to copyright law, but is used as a defense.

Fair Use is designated for the following:

* commentary * news reporting

* parody * research

* criticism * EDUCATION

BE WISE: Fair Use Conditions

1. PURPOSE: Is it being used for non-profit instead of commercial use?

2. NATURE: Is it reference, non-fiction and/or published material being used?

3. AMOUNT: Is the portion being used a small amount as opposed to the complete work or the heart of the work?

4. MARKET: Does it endanger the market or potential market of the original material?

BE WISE: Fair Use and Educational Guidelines

Educational guidelines have been established to further protect educators in the classroom. These guidelines are meant to help determine what is permissible specifically for educational use, whereas “Fair Use” is an overall determinant for copyrighted material in any setting.

These educational guidelines are not explicitly part of the federal Copyright Act, but they are recognized by the Copyright Office.

“A teacher or pupil following the guidelines can feel comfortable that a use falling within these guidelines is a permissible fair use and not an infringement. Many judges look to these (educational) guidelines when making related fair use determinations.” http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-b.html

BE WISE: Educational Guidelines

Educational guidelines apply to material being utilized in educational settings and for educational purposes. K-12 schools, colleges, and universities are all considered educational settings.

CLASSROOM: Text

Copies of text can be made for classroom use. However copies cannot be used in place of texts or workbooks. Students can only receive one copy and a notice of copyright must be affixed to each copy.

Examples off material that can be copied for classroom use: chapter from a book, short story, essay, poem, chart, graph, cartoon or picture, article from a newspaper or magazine.

Restrictions exist as to amount that can be copied. (i.e. 10% or less of a work of prose)

DO NOT COPY: workbooks, texts, standardized test intended for educational use.

CLASSROOM: Music Music teachers can copy excerpts from

sheet music as long as the excerpt is not an entire “performable unit.”

No more than 10% of an entire work can be copied.

One recording of a performance may be made if the use is for a student for rehearsal or evaluation purposes only.

DO NOT: copy sheet music for a compilation; copy sheet or recorded music for a performance; copy anything without using the copyright notice

CLASSROOM: Video

Television programs from network and cable stations may be recorded, but must be used within the first ten days of recording.

After 45 days, the recording must be either destroyed, or permission must be granted from the copyright owner to be used in the curriculum.

No permission needed to show videos in a classroom for educational purposes, but needed if used for entertainment purposes.

CLASSROOM: Web sites

In creating web sites, all copyright laws still apply.

To copy information (texts, images, sound files, videos, etc.) from other sites, permission must be granted.

Linking to another site is a way to avoid unlawfully copying another’s material.

REMEMBER THE ABC’s

Ask for permission from the copyright owner

Be wise about FAIR USE and EDUCATIONAL GUIDELINES

Classroom…Use Educational Guidelines to determine the use of copyrighted material

RESOURCES: www.copyright.com

www.copyright.gov

www.fairuse.stanford.edu

www.utsyetsm.edu/ogc/intellecutalproperty/cprtindx.htm