Copyright For Administrators

Quick Copyrightpy gfor Administrators

Copyright & Fair Use GuidelinesJulie Putnam, IT Coordinator/WebmasterEmail: [email protected]

Material used with permission by Martha Alewine, State Library Media Consultant, State Department of Education and Hall Davidson, National Spokesman & Director of Educational Services, KOCE-TV.

Wh t i “ i ht”?What is “copyright”?

“The statutory privilege extended to creators of works that are fixed in a tangible medium of expression.”

(Bruwelheide, 1995)

Wh i i ht i t t?Why is copyright important?

Legal mandateRespect intellectual rights of creatorsp gReward creativity of authors, artists, musicians, etc.Model proper behavior for students, teachers, and other members of educational community

ALA St d dALA Standards

Information Literacy Standards for Student Learningg

Standard No. 8: The student who is information literate “…practices ethical pbehavior in regard to information and information technology.”

Reprinted with permission from Information Power:Reprinted with permission from Information Power: Building Partnerships for Learning, published by the American Library Association.

NETS f St d tNETS for Students

PreK-2Demonstrate positive social and ethical behaviors when using technologywhen using technologyPractice responsible use of technology systems and software.

Grades 3-5Exhibit legal and ethical behaviors when using g ginformation and technology, and discuss consequences of misuse.

Reprinted with permission from National EducationalReprinted with permission from National Educational Technology Standards for Students - Connecting Curriculum and Technology, published by the International Society for Technology in Education (ISTE) NETS Project.

NETS f St d tNETS for Students

Grades 6-8Exhibit legal and ethical behaviors when using information and technology, and discuss consequences of misuse.

Grades 9-12Demonstrate and advocate for legal and ethical beha iors among peers famil and comm nitbehaviors among peers, family, and community regarding the use of technology and information.

Reprinted with permission from National EducationalReprinted with permission from National Educational Technology Standards for Students - Connecting Curriculum and Technology, published by the International Society for Technology in Education (ISTE) NETS Project.

Wh k t ff i f d?Who keeps staff informed?

The Principal:is ultimately responsible for copyright compliance in th h lthe school.establishes copyright policy for the school.

The Library Media Specialist:assists the faculty & staff to facilitate copyright compliance.conducts an annual copyright in-service for faculty/staff. y

Wh i li bl ?Who is liable?

Classroom TeachersLibrary Media Specialistsy pPrincipalsCurriculum CoordinatorsSuperintendentsBoards of EducationBoards of Education

I f i t P ltiInfringement Penalties

$250 - $10,000 per infringement for standard violationsUp to $250,000 per infringement for serious violationsSoftware infringement - now a felonyEmployees can lose their jobslose their jobs.Teachers can lose their teaching certificateslose their teaching certificates!!

I di t Li bilitIndirect Liability

Contributory (Library Media Specialists)Checked out equipmentChecked out equipmentChecked out resources

Vicarious (Library Media SpecialistsVicarious (Library Media Specialists, Administrators, Others)

Knew of infringement but did not report itKnew of infringement but did not report it

I f i f tiIn case of an infraction:

Staff notify principal of known infractions

You can’t know everything, but you can show that you are complying to the bestare complying to the best of your abilityRedundant communication is never bad!

“ b t I did ’t k !”“…but I didn’t know!”

Called “Innocent Infringement” - occurs when infringer was unaware that material gwas copyrighted

No excuse if work properly displays copyrightNo excuse if work properly displays copyright © noticeSince 1976 all works considered copyright py gprotected

Wh t i “F i U ”?What is “Fair Use”?

Applies to all types of mediaGives certain users conditional permissionGives certain users conditional permission to use copyrighted materials if certain criteria are metcriteria are metProtects freedom of speechP t bli b fit lik d tiPromotes public benefits like education

Ed ti l E ti b tEducational Exemption, but…

Not free license to copy anything you wantCannot copy in place of purchasingCannot copy in place of purchasingCannot copy in anticipation of purchasingC t i ti i ti f tCannot copy in anticipation of a requestAllows for spontaneity of use

B th “F i U E ”Beware the “Fair Use Excuse”

Never assume that your use falls under the fair-use exception!“Saving money” is not

ffi i ta sufficient excuseLaziness can be a t !trap!

3 R l f F i U / M di3 Rules for Fair Use w/ Media

1. Must be used as part of face-to-faceinstruction

Teacher must be in the classroom with studentsclassroom with students (not for use with substitutes)All students must be enrolled in the class


2. Must be documented in lesson plans, showing how the video supports goals and objectives of lesson plan

M t b t f th t h ’Must be part of the teacher’s current lessons (based on pacing guides & standards)g g )Must be documented by specific title (Cite the media as students are expected to!)students are expected to!)


3. Must be a true and legal copy

Purchased by the schoolCan be rented from video rental store or public libraryrental store or public libraryOwned by the classroom teacherBorrowed from a student

Wh t F i U d ’tWhat Fair Use doesn’t cover:

Does NOT allow for use of media for re-enforcement, entertainment, or rewardwithout paying public performance rightsfees in advanceC t b d f d t t i tCannot be used for reward or entertainment

Free FridayD ring testingDuring testingRainy-day RecessField DayField Day

M i TV R diMovies or TV Recordings

Three things to consider when using digital media for instruction

Instructional value of media Al i b fAlways preview before useNot crowd-control devices (i.e. reward, convenience or(i.e. reward, convenience or entertainment)

C i l Vid (M i )Commercial Videos (Movies)

Please note:Only videos with “Public PerformanceOnly videos with Public Performance Rights” can ever be show through your building distribution system (or streamingbuilding distribution system (or streaming video system).

SCETV/ITV/StreamlineSC programsSCETV/ITV/StreamlineSC programsOther media w/ Public Performance RightsLicense for rights from Movie Licensing USALicense for rights from Movie Licensing USA

M i Li i USAMovie Licensing USA

Only company licensed all major motion picture studios to provide public performance rights toperformance rights to K-12 schoolsLicense protectsLicense protects entire school campus

L l i ith “ i ”Legal issues with “movies”:

Without Public Performance Rights, schools are liable for videos shown:In class (non-fair use)R i D R d P t T tiRainy Day, Reward, Post-Testing

Building distribution systemPEP programsPEP programsBuses (Field trips, sports travel etc )travel, etc.)

S f f t ffSafe resources for staff

Soundzabound(www.soundzabound.com) ETV RETV Resources

ETV/ITV Programs (www.itv.scetv.org) ( g)StreamlineSC(www.streamlinesc.org)

License from MovieLicense from Movie Licensing USA

Th M t D M thThe Most Dangerous Myth

“They will never come after me at my little school!”

Reported i f i tinfringements areinvestigated“Examples” areExamples are made of violators

H ld fi d t?How would anyone find out?

Students, parents or coworkers:Disgruntled or “troublemaking”Disgruntled or troublemakingContent concerns (inappropriateness) Blogs or websites about school/classBlogs or websites about school/class

Newspaper articles or press coverageSit i it b d lSite visits by vendors or salesmen

U ? G t it i iti !Unsure? Get it in writing!

Still unsure? Just ask for help from a knowledgeable sourceWhen you need permission from the creator, request it!Faxed or mailed permission is bestAlways ask permission before you use the y p ywork (The “better to ask forgiveness…” adage does not apply here!)

It’ b tt t b fIt’s better to be safe…

Use content that is in the public domain or has liberal copyrights:py g

ETV – www.scetv.orgITV - www.itv.scetv.orgStreamlineSC www streamlinesc orgStreamlineSC – www.streamlinesc.orgKnow It All – www.knowitall.org

Cite where your content comes from!Cite where your content comes from!

O li C i ht ROnline Copyright Resources

District Copyright Resources -http://www.kershaw.k12.sc.us/delc/copyright

State Dept. Website (Martha Alewine) -http://www.myscschools.com/offices/technology/ms/lms/getpage.cfm?id=1046getpage.cfm?id 1046

US Copyright Office –http://www.loc.gov/copyright

School Board Policy Manual –http://www.kershaw.k12.sc.us/board/manual.htm

P i t C i ht RPrint Copyright Resources

Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators. ISBN 0838906427Bielefield, Arlene and Lawrence Cheeseman. Technology and Copyright Law: A Guidebook for th Lib R h d T hithe Library, Research, and Teaching Professions. ISBN 155570278Si C l M C i ht f S h lSimpson, Carol Mann, Copyright for School Libraries: A Practical Guide. ISBN 0938865315