Copyright and Fair Use
Media Center Goal--Teachers, staff, and students will use technology safely, responsibly and ethically.
Education World: Copyright and Fair Use (4 Part Series)
WHAT IS -- AND ISN'T -- COPYRIGHT PROTECTED?
Educators often ask the question "What can my students and I freely use in our lessons, presentations, workshops, newsletters, reports, and Web sites, and what is protected by copyright?"
The short answer is that nearly every original, tangible expression is copyrighted immediately upon creation. An author does not have to register the work, announce that the work is copyright protected, or display the copyright symbol to enjoy copyright protection. All he or she must do is create an original work in tangible form.
In fact, the list of works that are not copyright protected is surprisingly short. According to the U.S. Copyright Office, that list includes only
http://www.educationworld.com/a_curr/curr280a.shtml
GUIDELINES FOR EDUCATORS"Over the years, librarians, educators, and publishers have developed voluntary guidelines to address fair use," Willard told Education World. "Although these guidelines are not statutory, they are contained in the legislative history of the Copyright Act."
Those guidelines allow educators, under most circumstances, to copy
MUSIC, TV, AND VIDEOTAPESEducational technology existed, of course, -- in the form of audio and video -- long before the Internet, software, digital images, and multimedia productions invaded our classrooms. Guidelines for the use of such "primitive" technologies were developed.
The guidelines developed in 1976 for the educational use of music include the following:
http://www.educationworld.com/a_curr/curr280c.shtml
WEB RESOURCES YOU CAN AND CANNOT USEAs a general rule, a good way to determine whether a multimedia resource is copyright protected or in the public domain is to relate it as closely as possible to a print resource. If publications created by the U.S. government are in the public domain, for example, so is information provided at U.S. government Web sites. If a book title cannot be copyrighted, it's safe to assume that the title of a Web page cannot be copyrighted.
Not every Internet resource can be related to a corresponding print resource, however. Erroneously posting copyrighted material to your own Web site carries even greater risks than innocently using copyrighted material in your classroom. If you plan to post work you have not created to your Web site, you should avoid
http://www.educationworld.com/a_curr/curr280c.shtml
Copyright Basics Your Students Should Know
* Students should understand that copyright law is designed to protect the financial interests of those who create original work; that financial rewards provide the incentive for the creation of more original works; and that obeying copyright laws benefits society by ensuring a steady supply of creative works.
* Students should understand that most of the materials they use are protected by copyright; that the creator owns copyrighted work; and that they have to ask permission to use it.
* Students should know how to find the owner of a copyrighted work and how to ask permission to use that work.
http://www.educationworld.com/a_curr/curr280e.shtml
FAIR USE GUIDELINES FOR MULTIMEDIA PROJECTS
The Fair Use Guidelines For Educational Multimedia state that educators who create educational multimedia projects containing original and copyrighted materials may use those projects for
http://www.educationworld.com/a_curr/curr280d.shtml
Education World: Copyright and Fair Use (4 Part Series)
WHAT IS -- AND ISN'T -- COPYRIGHT PROTECTED?
Educators often ask the question "What can my students and I freely use in our lessons, presentations, workshops, newsletters, reports, and Web sites, and what is protected by copyright?"
The short answer is that nearly every original, tangible expression is copyrighted immediately upon creation. An author does not have to register the work, announce that the work is copyright protected, or display the copyright symbol to enjoy copyright protection. All he or she must do is create an original work in tangible form.
In fact, the list of works that are not copyright protected is surprisingly short. According to the U.S. Copyright Office, that list includes only
- works that have not been fixed in a tangible form of expression.
- titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
- ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices -- as distinguished from a description, an explanation, or an illustration.
- works consisting entirely of information that is common property and contains no original authorship, such as standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources.
- works published before January 1, 1923.
- works published between 1923 and 1978 that did not contain a valid copyright notice.
- works published between 1923 and 1978 for which the copyright was not renewed.
- works authored by employees of the federal government.
- works that the copyright owner has freely granted to the public domain.
http://www.educationworld.com/a_curr/curr280a.shtml
GUIDELINES FOR EDUCATORS"Over the years, librarians, educators, and publishers have developed voluntary guidelines to address fair use," Willard told Education World. "Although these guidelines are not statutory, they are contained in the legislative history of the Copyright Act."
Those guidelines allow educators, under most circumstances, to copy
- a single chapter from a book
- an excerpt from a work that combines language and illustrations, such as a children's book, not exceeding two pages or 10 percent of the work, whichever is less
- a poem of 250 words or less or up to 250 words of a longer poem
- an article, short story, or essay of 2,500 words or less, or excerpts of up to 1,000 words or 10 percent of a longer work, whichever is less; or
- a single chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
- make multiple copies of different works as a substitute for the purchase of books or periodicals
- copy the same works for more than one semester, class, or course
- copy the same work more than nine times in a single semester
- use copyrighted work for commercial purposes
- use copyrighted work without attributing the author.
MUSIC, TV, AND VIDEOTAPESEducational technology existed, of course, -- in the form of audio and video -- long before the Internet, software, digital images, and multimedia productions invaded our classrooms. Guidelines for the use of such "primitive" technologies were developed.
The guidelines developed in 1976 for the educational use of music include the following:
- Multiple copies of sheet music may be copied in an emergency (for an imminent performance) to replace purchased copies that are not available, provided purchased replacement copies are substituted as soon as possible.
- For academic purposes other than performance, multiple copies of excerpts of works may be made, provided the excerpts don't include more than 10 percent of the whole work or make up a part of the whole that would constitute a performable unit, such as a section, a movement, or an aria. The number of copies may not exceed one copy per student.
- For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) may be made if the unit is out of print or available only in a larger work.
- Sheet music that has been purchased may be edited or simplified if the fundamental character of the work is not distorted and that lyrics are not altered or added.
- A single copy of a sound recording of a student performance may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
- A single copy of a sound recording of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher.
- Copying to create, replace, or substitute for anthologies, compilations, or collective works; copying works intended to be consumable, such as workbooks, exercises, or standardized tests; copying for the purpose of performance (except in an emergency); copying as a substitute for purchase; and copying without the inclusion of the copyright notice are not permitted.
- the program is recorded simultaneously with the broadcast.
- the program is being broadcast without charge.
- the program is recorded only in response to a specific request.
- the program is recorded (but not necessarily used) in its entirety.
- the program is not altered.
- the tape is retained by the educational institution for no longer that 45 days after the date of the recording.
- the tape is used only once with each class during the first ten consecutive school days of the 45-day retention period.
- the tape is used from the tenth to the 45th day of the retention period for teacher-evaluation purposes only.
http://www.educationworld.com/a_curr/curr280c.shtml
WEB RESOURCES YOU CAN AND CANNOT USEAs a general rule, a good way to determine whether a multimedia resource is copyright protected or in the public domain is to relate it as closely as possible to a print resource. If publications created by the U.S. government are in the public domain, for example, so is information provided at U.S. government Web sites. If a book title cannot be copyrighted, it's safe to assume that the title of a Web page cannot be copyrighted.
Not every Internet resource can be related to a corresponding print resource, however. Erroneously posting copyrighted material to your own Web site carries even greater risks than innocently using copyrighted material in your classroom. If you plan to post work you have not created to your Web site, you should avoid
- copying and posting links that contain descriptions of the linked sites, although posting links that contain only a URL and the title of the site is generally acceptable.
- downloading graphics, including bullets, logos, fonts, photographs, and illustrations.
- framing information from another site, particularly if you delete the site's ads or identifying information or make it look as if the information is your own.
- deep-linking to an interior page of a site. Bypassing advertising or identifying information on a site's main page may deprive the copyright owner of revenue.
- copying a site's html code.
http://www.educationworld.com/a_curr/curr280c.shtml
Copyright Basics Your Students Should Know
* Students should understand that copyright law is designed to protect the financial interests of those who create original work; that financial rewards provide the incentive for the creation of more original works; and that obeying copyright laws benefits society by ensuring a steady supply of creative works.
* Students should understand that most of the materials they use are protected by copyright; that the creator owns copyrighted work; and that they have to ask permission to use it.
* Students should know how to find the owner of a copyrighted work and how to ask permission to use that work.
http://www.educationworld.com/a_curr/curr280e.shtml
FAIR USE GUIDELINES FOR MULTIMEDIA PROJECTS
The Fair Use Guidelines For Educational Multimedia state that educators who create educational multimedia projects containing original and copyrighted materials may use those projects for
- face-to-face student instruction.
- directed student self-study.
- real-time remote instruction, review, or directed self-study for students enrolled in curriculum-based courses, provided there are no technological limitations on access to the multimedia project and that the technology prevents copying of the copyrighted material.
- teaching courses for a period of up to two years after the first instructional use. After two years, educators must obtain permission for each copyrighted portion in the project.
- presentation at peer workshops and conferences.
- such personal uses as tenure review or job interviews.
- educational uses in the course for which they were created.
- portfolios as examples of their academic work.
- such personal uses as job and graduate school interviews.
- credit the sources, display the copyright notice, and provide copyright ownership information. (The credit identifies the source of the work, including the author, title, publisher, and place and date of publication. The copyright ownership information includes the copyright notice, year of first publication, and name of the copyright holder.)
- state on the opening screen and on any accompanying print material a notice that certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.
- No more than two copies of a project may be made. One copy may be retained by the creator; the other must be held in the school's library or media center.
- Online instructional projects may be used only over a secure network for a period of 15 days after the initial use. After that period, one of the two copies of the project may be placed in the media center for on-site use by students enrolled in the course.
- Students may not make their own copies of instructional projects.
- Projects cannot be replicated or distributed for any purpose other than those listed in the guidelines without obtaining permission from all copyright owners.
- up to three minutes or 10 percent, whichever is less, of a single copyrighted motion media work.
- up to 10 percent or 1,000 words, whichever is less, of a single copyrighted work of text.
- an entire poem of less than 250 words or up to 250 words of a longer poem but no more than three poems by one poet or five poems by different poets from a single anthology.
- up to 30 seconds or 10 percent, whichever is less, of music and lyrics from a single musical work.
- up to five photographs or illustrations by one person and no more than 15 images or 10 percent, whichever is less, of the photographs or illustrations from a single published work.
- up to 2,500 fields or cell entries or 10 percent, whichever is less, from a numerical database or data table.
http://www.educationworld.com/a_curr/curr280d.shtml
