Copyright Law and the Classroom

By: Ronnetta Moseley

Easy to Forget!

It is often common for several educators to get so deeply involved into their teaching that they may forget some small rules and regulations regarding copyright.

However, it is the responsibility of the educator to make sure to be careful and be in line with the copyright law at all times.

The Importance of Being Careful

To avoid legal issues and conflict

To set an example for your students

To stay abreast of copyright information, rules and regulations

The Basics

Educators and students must know and have a clear

understanding what copyright is and what it

entails…

What is Copyright?

Copyright is a form of protection given by the copyright laws of the U.S. to the authors of original works of authorship, available to both published and unpublished works.

How Long Does Copyright Last?

Works published after 1977 the copyright last for the life of the author and plus 70 years

If published before 1923 the work is in public domain› Public Domain allows the work to be used

without the author’s permission. However, the proper procedures must take place to see what is in the domain.

So you may be asking what are the rights of

copyright owners?

Copyright Owners Rights

Reproduce- make copies of protected work

Distribute- sell or distribute copies to the public

Create Adaptions(derivative works)- the ability to prepare new work on already protected work

Performance and Display- display work in the public

Unfortunately,those who violate the copyright law are guilty

of……

Copyright Infringement

Anyone who violates any of the exclusive rights of the copyright owner, or of the author, or imports copies of phonorecords into the United States

Common Examples of Infringement

Often takes place easily by› Improper use of literary work or material

used for examples; like not referring to it in the proper way

› Improper use of musical material, for example the portion used is too large Only 30 seconds of musical material can be

used › Improper use of artwork, motion picture or

audiovisual work Only 1 minute can be used for videos

The Penalty

Those in violation:Shall be fined under the title defined in

the copyright law or imprisoned for not more than 5 years or both

To avoid this penalty it is up to the educators to know for themselves as well as for their students, usually it is one small procedure that is not being done which could prevent the violation

So how does the educator prevent this

violation?

Fair Use

Fair use gives the public entitlement to freely use portions of copyrighted material for commentary and criticism

Example: Quoting a line of song lyrics in the classroom to examine in order to clarify a lesson

How should you properly measure fair use?

Measuring Fair Use

One must know if it has created something new or was copied verbatim

The nature of the work, for example more leeway is given with factual works such as biographies

The amount and substantiality of the portion taken(the less you use the more likely it is considered fair use)

The effect of the use of the potential market(does it take away from the authors income)

Subjective Judgments-

Recognizing Fair Use

In music: Fair Use- A small portion of the song

that is used and not intended to damage the composer or to market the work

Not Fair- downloading songs, music file sharing

Recognizing Fair Use

In Film:› If a small portion is taken and the

purpose is informational› If a television broadcast was taped

at home

Specifically for Educators

TEACH ACTa claw that provides educators with a special set of rights in addition to fair use to display and perform others works in the classroom

Thankfully for the most part this act allows teachers to use material a little more freely for instruction purposes

The Owner Must Always Know

When posting material on the internet:› They should expect their material to be read, downloaded, or printed out, forwarded etc.

The best way to prevent all copyrighting issues…….

Get Permission!!

If part of a book or journal article, check with the Copyright Clearance Center› Offers permission services electronically

and manually Most institutions receive a subscription

license from the CCC which covers the educators to get any material needed for reference in instruction

In Conclusion

Educators must know copyrighting rules and regulations, to set an example for the students

Also this will prevent any legal conflict Remember to think about Fair Use

regulations and what is fair and what is not

Always get permission