COPYRIGHTFOR

EDUCATORS

ByCristelaCortezWise

With tongue in cheek, Barb (who has hidden her children, and refers to

them only as #1, 2 and 3to avoid trademark infringement violations)

©1999, Barb

COPYRIGHT LAW• As educators, it is vital to ensure that our students understand their legal

rights and responsibilities under copyright law.• The use of copyrighted work for educational purposes is allowable under

certain limitations and is called “Fair Use.” • The Technology, Education and Copyright Harmonization Act (aka TEACH

Act) became law in late 2002. As a result, copyright law provides educators with a separate set of rights in addition to fair use, to display and show or play others' works in the classroom.

• Educators should assume all materials are copyrighted unless they are from the U.S. federal government or if they are in the public domain.

FAIR USE EXCEPTION• The use of copyrighted work for educational purposes (learning activities)

is considered fair use as long as:– Copying meets tests for brevity (how much you can copy)

• A chapter from a book (never the entire book). • An article from a periodical or newspaper.• A short story, essay, or poem .• A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper. • Poetry (250 words or less).• Prose (excerpts up to 1,000 words or 10 percent of the total work, whichever is less).• Illustrations (copies of a chart, graph, diagram, drawing, cartoon, or picture contained in a book or

periodical issue).

– Copying meets tests for spontaneity (how many times you can copy and how much planning it would take to otherwise seek and obtain permission from a copyright holder). • Using something over a period of multiple semesters or years is not within the spirit of the fair use

exception.

• The above are examples of limited portions of published materials that might be used in the classroom under fair use for a limited period of time.

THE FOUR FACTOR FAIR USE TEST• Since the Copyright Act provides so much deterrent

and punishment power, it is better to be safe than sorry.

• When using other people’s copyrighted materials in your classroom, use the four factor fair use test:– What is the character of the use (purpose)? – What is the nature of the work to be used?– How much of the work will you use? – What effect would this use have on the market for the

original or for permissions if the use were widespread?Copyright Issue © Any similarities between actual events or

persons is entirely coincidental-

FAIR USE TEST SAMPLE

The TEACH Act• An educator may show or perform any work related to the curriculum in a

traditional classroom (face-to-face), regardless of the medium (still images, music of every kind, even movies).

• The TEACH Act expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education.

• Educators are required to employ technological protections that prevent downloading and distribution of the copyrighted materials.

• Educators using an analog original, should check before digitizing it to be sure:– Only the amount authorized to transmit was copied– There is no digital copy of the work available except with technological protections that

prevent using it for the class in the way the statute authorizes

• Information to help educators take better advantage of the benefits of the TEACH Act can found on North Carolina State University’s website @ http://www.provost.ncsu.edu/copyright/toolkit/

PUBLIC DOMAIN• Ideas, information, and works that are not subject to copyright restrictions

and are free to use are considered Public domain.• Public domain material can include works that are not copyrightable, are

designated for free and unlimited public access by the creator, or are no longer protected by copyright law because the copyright status has expired or been forfeited by the owner.

• The Internet IS NOT the public domain. There are both copyrighted and uncopyrighted materials online. Always assume a work online is copyrighted.

• Google, Amazon, Yahoo, and Microsoft, among others, are partnering with cultural institutions to increase the pace at which millions of works and collections are digitized and brought to the public.

• Orphan Works are material in which the owner/author cannot be found. Libraries are beginning to take a chance that with a reasonable search, they can reduce the risk to an acceptable level and display the work with a special notice that advises the public that its appearance on the Website is not a guarantee that it can be used for any purpose.

•Always credit the source of your information. If you do not see an individual named as the author, do not forget that the author may in fact be the organization responsible for the Web site. Credit the organization. •Find out if the author of a work (e.g., text, video, audio, graphic, etc.) provides information on how to use his or her work. If the author provides explicit guidelines, follow them. •Whenever feasible, ask the copyright holder for permission. If no copyright holder is specifically named, do not assume that the material is in the public domain. •Assume that the copyright holder is the author, whether it be an individual or an organization. •Keep a copy of your request for permission and the permission received.

TIPS FOR USING ONLINE INFORMATION

UT SYSTEM DIGITAL LIBRARY

Click here for link

http://copyright.lib.utexas.edu/Copyright Crash Course

Copyright Presentation for Harlingen CISD teachers

September 4, 2011

Cristela Cortez Wise

University of Texas-Brownsville, EDTC 6340, Section 65Instructor: Linda E. Newell