Copyright & Fair Use Guidelines for Teachers

I’m NOT……..

• The copyright police

• The one who “made this up”

• Doing this because I don’t like you

• I’m just doing my job. That is to inform you of copyright law.

Copyright is….

• A Law– It’s name is Title 17, United States

Code, Public Law 94-553, 90 Stat.2541, as amended

Six Rights a Copyright Owner Owns….

• Rights of reproduction

• Rights of adaptation

• Rights of distribution

• Rights of public performance

• Rights of public display and….

• Rights of digital transmission of sound recordings

The Good News is……Fair Use

• Fair Use is not a right given to educators or any other person.

• You have “conditional rights”!

• When a court considers a claim of copyright infringement, the burden of proving Fair Use falls to the educator.

So…What Is Considered Fair Use?

• For Printed Materials (short)– Poems less than 250 words– Articles or stories less than 2,500 words– One chart, picture, diagram or cartoon per

book or periodical– Two pages from an illustrated work less than

2,500 words (children’s book)

Printed Materials (short) Continued…

• What You Can Do….– Teachers may make multiple copies for

classroom use, and incorporate into multimedia for teaching classes

– Students may incorporate text into multimedia projects

• Limitations…one copy per student and consumables may NOT be copied

Illustrations and Photographs

• Single works may be used in their entirety, but no more than 5 images by a single artist or photographer may be used

• From a collection, not more than 15 images or 10% (whichever is less) may be used

Videos…The Good News

• Purchased and rented videos may be used in the classroom!

Videos….The Bad News

• The video must be legitimately acquired (no bootleg copies!)

• Material must be used in a classroom or nonprofit environment for FACE-TO-FACE INSTRUCTION!

• Videos may NOT be used for rewards, entertainment, time fillers etc.!

Video for Multimedia Projects

• Students may use “portions” of lawfully acquired copyrighted works in their academic multimedia. (Basically, 10% or 3 minutes – whichever is less)

Music in Multimedia Projects

• Up to 10% of a copyrighted musical composition may be reproduced, performed, and displayed as part of a multimedia program produced by an educator or student.

• However…..– Maximum of 30 seconds per musical composition

may be used

– Multimedia program must have an educational purpose

There Are Penalties for Infringement

• Fines can range from $750 - $30,000 per infringement!

• Most copyright suits are civil matters; however, it can be raised to criminal with fines up to $250,000.

Disclaimer….

• This presentation is only the tip of the iceberg! Copyright Law is HUGE! So….

• ASK! Don’t assume you are protected under Fair Use.

• Ignorance of the Law is NOT a defense (Officer, I didn’t know the speed limit was only 45 mph!)

So, Now……

• Sign the form (it was put in your box) stating that you were informed of the copyright law.

• Bring your signed form to the Media Center by Aug. 14th and receive your prize!

Credits

• Copyright for Schools, A Practical Guide, 4th Edition by Carol Simpson

• www.techlearning.com

• Microsoft Clip Art http://office.microsoft.com/en-us/clipart/results.aspx?qu=apple&sc=20#60