1	Copyright and Fair Use Rights and Responsibilities Presented by Jerilyn Van Leer 2002-2003
2	Disclaimer
3	Origin of Copyright Law U. S. Constitution Article I, Section 8, Clause 8 To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
4	What is copyright? A form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic and certain other intellectual works. U. S. Copyright Office of the Library of Congress
5	What are the exclusive rights of the copyright owner? Reproduction Adaptation Distribution Public Performance Public Display
6	What works are protected? Literary works Musical works (including words) Dramatic works (including music) Pantomimes and choreographic works Pictorial, graphic and sculptured works Motion pictures and other audiovisual works Sound recordings Architectural works
7	What are the exceptions to copyright protection? U. S. government documents Other documents created using federal funds Materials published prior to January 1, 1978 without the © Works whose copyright has expired Works in the public domain Works that explicitly grant copying rights Ideas, processes, procedures, concepts,and principles Fair use
8	How do you know if something is copyrighted? True or False If there is no © symbol on the material then I am free to use it. True or False Anything on the Internet is in the public domain Both are false
9	How do you know if something is copyrighted? In the U. S. almost anything created as an original work after April 1, 1989 is copyrighted and protected whether or not it has a copyright notice Assume it is copyrighted unless it says otherwise
10	Copyright quiz! Copying for educational purposes is: a. Always OK b. Never OK c. Sometimes OK d. Only OK with permission And the answer is—c. Sometimes OK Why? Let’s look at fair use
11	What is fair use? Section 107 of the copyright law gives some limitations on the exclusive rights of authors. Fair use allows copying for purposes such as criticism, comment, news reporting, teaching, scholarship or research. However…this privilege is not unlimited
12	What are the four factors of fair use? The purpose and character of the use The nature of the copyrighted work The amount and substantiality of the portion used in relationship to the work as a whole The effect of the use on the potential market for or value of the copyrighted work
13	Purpose and character of the use Is the copying for commercial or non-profit educational purposes?
14	Nature of the copyrighted work Is the work fiction or nonfiction, published or unpublished What is the medium of the copyrighted work?
15	Amount and substantiality of the portion used in relation to the copyrighted work as a whole Print Materials Single copying for teachers Multiple copies for classroom use --Brevity --Spontaneity --Cumulative effect Amount
16	Effect on the market value of the work Is the material for sale? Will my copying effect the sale of the material?
17	What are the prohibitions to 1 and 2? Copying cannot be used to create, replace, or substitute for anthologies, compilations or collective works There shall be no copying of “consumables” in teaching and learning (e.g. workbooks, standardized tests, exercises)
18	Prohibitions to 1 and 2 continued Copying cannot: Substitute for the purchase of books or periodicals Be directed by a higher authority Be repeated with respect to the same item by the same teacher from term to term We cannot charge beyond the actual cost of photocopying or printing.
19	Fair use guidelines exist for educational uses of: Music Off-air recording of broadcasting Educational multimedia
20	Copyright quiz! True or False A high school teacher wants to show a video of “Romeo and Juliet” in class. The video is marked “For Home Use Only.” Showing the video is fair use. It depends. . .
21	Section 110: Other limitations on exclusive rights Showing videotapes in schools constitutes a public performance of the work and requires a public performance license. An educational exemption is allowed when all four of the following conditions are met:
22	Condition 1 The performance must be presented by instructors or pupils; and
23	Condition 2 The performance must occur in the course of face-to-face teaching activities; and
24	Condition 3 The performance must take place in a classroom or similar place of instruction in a non-profit educational institution; and
25	Condition 4 The performance must be of a legally acquired (or legally copied) copy of the work
26	So. . . back to “Romeo and Juliet” If the class is studying the play as part of the curriculum and viewing the video provides the foundation for a comparison with the written play (or some specific academic purpose) and the rest of the criteria in Section 110 are met—the use is permissible. If the video is shown as a reward or for any entertainment purpose, the viewing would not be permissible.
27	Copyright quiz! True or False Due to inclement weather there will be indoor recess at the elementary school today. A teacher decides to show an off-air recording of “Clifford the Big Red Dog.” Showing the video is fair use. False—the tape is being shown for entertainment purposes and not in face-to-face instruction.
28	What about off-air taping? For a non-profit educational institution Used by teachers or students in the course of face-to-face instruction in a classroom setting For a specific teaching purpose aligned with the curriculum Not for entertainment No time to purchase or request permission Must use within 10 school days of taping Destroy (erase) within 45 calendar days of taping
29	What is an educator to do? Educators and students are given special rights to use intellectual property belonging to others for educational purposes. Every educator and student has the responsibility to learn about the legal and ethical use of intellectual property belonging to others.
30	How do we encourage academic integrity? Learn about copyright and fair use Model ethical behavior Teach students about intellectual property, fair use and citation Design assignments that move from topical research to projects that require problem-solving and inferential reasoning Ask for advice, permission or legal opinion when necessary
31	Things to remember. . . The more you exceed the fair use guidelines, the greater the risk Run though the Checklist for Fair Use to help make decisions about using materials If in doubt, request permission
32	Resources Bielefield, Arlene and Lawrence Cheesemen. Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. New York: Neal-Schuman, 1997. Simpson, Carol. Copyright for Schools: A Practical Guide. Worthington: Linworth Publishing, 2001. Special thanks to Betty Goyette, Library Consultant, Connecticut State Department of Education, for granting permission to adapt portions of her PowerPoint presentation.
33	Questions?