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

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