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Copyright Guidelines Copyright Guidelines
Wayne B. Thomas
The Community Idea StationsThe Community Idea Stations
An important disclaimer
This presentation is not a substitute
for legal advice. The material presented
is intended to provide a guideline for classroom teachers who must use copyrighted materials to effectively provide instruction.
The Copyright Act grants five rights to the Owner
The right to reproduce the work. The right to prepare derivative works. The right to distribute copies. The right to perform the work publicly. The right to display the work publicly.
The Face to Face Teaching Exemption
The Performance must be given by an Instructor or pupil. The Performance must take place at a Non-profit
Educational Institution. The Performance must be part of a regular Instructional
Activity. The Performance must take place in a classroom or a
similar place devoted to instruction. The Performance must utilize a lawfully made copy.
Fair Use Statute
Fair Use Statute contains four factors that must be considered.
The purpose and character of the use, commercial nature or is for nonprofit educational purposes.
The nature of the copyrighted work. The effect of the use & value of the copyrighted work. The amount and significant portion used in relation to
the copyrighted work as a whole.
How does it affect you?
Penalties and Liability-Infringer-Contributory infringer-Vicarious infringer
Teachers-Role models for students-Responsible citizens-Fairness to authors of works
How Does Fair Use Help Educators?
Balance—copyright owners vs. others’ needs
Use without permission—must pass fair use test
What is the Fair Use Test?
Purpose
-Non-profit educational purposes vs. commercial usage
Nature
-Creative (movies, music) vs. factual (text)
Amount
-Qualitative (borrowing the “heart of the work”) vs.
Quantitative (length of
the original) Effect
-What kind of effect will it have on the market?
Media
You may utilize in the classroom if…– Viewing must be in the
course of face to face instruction
– Meets instructional objectives
– Not for entertainment or reward
– Shown in a place devoted to instruction
– A legitimate copy– Limited to students
enrolled in the class or course
Scenario 1
A high school English teacher wants to show the videotape of Romeo and Juliet to her class. The videotape has a label
which says, “Home Use Only.” Can she show the tape? Why or why not?
A. Yes
B. No
Fair Use—Audiovisual
Yes, as long as the conditions are met for the performance:
For face-to-face instruction Meets instructional objectives Not for entertainment, or reward Show in a place devoted to instruction A legitimate copy Limited to students enrolled in the
class/course
Scenario 2
Can the movie Pocahontas be played in the auditorium as part of a field day activities with a history theme? This will allow the teachers to get areas set up for the event.
A. Yes
B. No
Fair Use--Audiovisual
No, it does not meet the following requirements:
For face-to-face instruction Meets instructional objectives Not for entertainment, or reward
It is never acceptable to…
Make an anthology or collection from clips or excerpts.
Transfer the work to another medium—film to video, or video to computer disk except in cases of obsolete media.
Use a program for recreation or reward without acquiring performance rights.
*If a tape is not in a standard commercial case or is obviously retaped,the tape is not legally acquired.
Rental
Use only if:– Have informed copyright holder of intended
use– For instructional purposes with one class– Follow face-to-face teaching guidelines– NOT FOR ENTERTAINMENT!!
Off-Air Recording
You may: Record and retain for a period not exceeding 45 calendar
days after date of recording. Tape must be erased/destroyed after 45 day period.
Show to students only within the first ten school days of the 45 day retention period and may only be shown twice.
Off-air recordings may be made only at the request of/use by a teacher.
A limited number of copies may be made Check educator’s guides for program-by-program rights for
cable.
PBS Extended Educational Rights
Utilize program as often as needed for instructional purposes during rights period.
Go to www.pbs.org for rights for specific PBS programs
Scenario 3
A teacher tapes an episode from the series Between the Lions. This is a PBS program, but not an ITV program. She shows it to
students in the morning as they wait for the rest of the class to arrive from breakfast. Is
this an acceptable use?
A. Yes
B. No
PBS Programs
No, it does not follow the fair use guidelines for off-air recording. It is being used for entertainment rather than for instructional
purposes. To use it in this manner, it would be shown as a live broadcast rather
than taped.
Instructional Television Programming
May be recorded at school or at home.
Classroom use September-May or unlimited use for specific programs.
Additional copies made for schools.
Rights for playback in in-house system.
Scenario 4
A teacher tapes Introduction to Living Cells, which is part of the ITV series “The Cell
Biology Resource,” in October. She wants to show it to her class in May when they
will be studying cells. Is this acceptable? Why or why not?
A. Yes
B. No
Instructional Television
Yes, schools have unlimited classroom use of ITV programming for the school term.
Multimedia Integrated presentation
– Student or educator original material
– Copyrighted media• Video• Music• Text• Graphics• Photographs• SoftwareMultimedia Guidelines Websitehttp://www.libraries.psu.edu/mtss/
Multimedia Guidelines
Permitted Use:– Face to face instruction– Students’ directed self-study– On school’s secure electronic network for
classroom use– Educational workshops or conferences
• Anything utilized must be cited!!• Display copyright information• Statement—under fair use, restricted from other uses• “Work contains copyrighted materials under the fair use
exemption act.”
Guidelines Continued…
Time– May retain and utilize for up to 2 years– In future, must retain copyright permission.– For students, must be enrolled in the class (for
class use only)
Copyrighted Tips Motion media (film, video, television)—up to
10% or 3 minutes, whichever is less Text (prose, poetry, drama)—up to 10% or
1000 words, whichever is less, of a novel, story, play, or long poem.
Short Poems—less than 250 words—may be used in their entirety
Music, lyrics, & music video—up to 10%, but not more than 30 seconds from a single work
Illustrations, cartoons, and photographs—may be used in its entirety but only if no more than 5 images from a single artist or photographer are used in a multimedia work.
“If uncertain, ask…..”
Apply for copyright permission
Contact the U.S. Copyright Office
Consult school division copyright policy/school district attorney
Research reputable copyright websites
Thank You!Thank You!
Association of Information Media
420 Academy Drive
Northbrook, Ill 60062
Beck & Tysver, P.L.L.P.
1011 First Street South Suite 440
Hopkins, MN 55343
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