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Copyright

What Educators Should Know

By: Terri Byers, Ed. S.


(Modified from original by Connie
Yearwood)

What is Copyright?

Copyright is a
property right granted
to authors of original
work

The purpose is to
protect and promote
creativity

Copyright

Copyright covers: literary works; musical


works; dramatic works; pantomimed and
choreographed works; pictorial, graphics,
and sculptural works; motion pictures and
audiovisual works; and sound recordings.

In other words

just about
everything!!

When Copyrighted Materials


Can Be Used

Public domain -

A work in the public domain can be


copied freely by anyone. Such works include those of the
U.S. Government and works for which the copyright has
expired. Generally, for works created after 1978, the
copyright lasts for 70 years beyond the life of the author.

With permission
Legal exception
Fair use

Fair Use Law for Educators

Fair Use guidelines were developed to


clarify the rights of educators to copy or
use materials for educational purposes.

In order for Fair Use to apply the material


being used must be directly related to an
educational objective.

Fair Use applies to


Videos
Printed Materials
Graphics (any visual
image)
Audiovisual (sound,
motion picture,
projected images)

Software
Satellite
Internet
Multimedia

How can I tell if my copying


falls under Fair Use?

Unfortunately theres no hard and fast


rule, but there are some guidelines.

Fair Use for Educational


Purposes
Purpose of use - spontaneous and for a
temporary purpose
Nature of the work - a newspaper article
vs. a textbook, a DVD vs. a photo
Proportion/extent of material used - a
chapter vs. whole book
The effect on marketability - changing
format

Videos in
the Classroom
Classroom use of a copyrighted video is
permissible only when all of the following
conditions are met:

It must be shown in relation to face-to-face teaching activities.


The entire audience must be involved in the teaching activity.
It must be shown in a classroom or similar instructional area.
The audience is in the same room.
It is a closed space with a single classroom of students.
The teaching activities are conducted in a non-profit,
educational setting.
It may not be shown for entertainment or reward.
The video has not been illegally made or copied.

Habersham County Guidelines

Must be previewed by the personnel using it.


Must have instructional value and objectives for the use
of it, and it must be included in the teachers lesson
plans.
Must not be used solely to entertain students.
Must follow copyright procedures as established by
county regulations and state and federal laws.
Must be property of the school system.
Must be used in face-to-face instruction with one class,
unless public performance rights are held.

Video ? and Answer


Q: Its raining outside. May I use a video for recess?
A: No. Using a video for entertainment is a violation of the
Fair Use guidelines.
Q: Can the Media Specialist show a video over the closed
circuit system at school?
A: This is considered public performance. It can only be done
if the school owns public performance rights for the video.
Q: My students have been good all week. May we have a
movie and popcorn on Friday?
A: You may have the popcorn, but showing a video for reward
is a violation of the Fair Use guidelines.

Printed Materials
Educators may copy
A single copy of a chapter from a book.*
A single copy of an article from a magazine or newspaper*
A single copy of a short essay, short poem, or short story*
Educators may not copy
Consumable materials, i.e. workbooks
To keep from buying
The same item for sequential marking periods
*Must be destroyed after the teaching opportunity.

Software
When you purchase software (computer
games or programs) you are not actually
buying the program. You are buying the
right to use a copy of it.
Software may not be installed on more
than one computer in a school unless the
school owns a site license for it.

Graphics

Educators may use graphics from a program that


has been purchased (Print Shop, Clip Gallery, etc.)
to enhance presentations, newsletters, bulletin
boards, etc.
Educators may not
Change the format, i.e. blowing up the graphic
Create a hand drawn imitation
Copy more than one from a book or periodical
Copy more than 9 graphics for the course

Who is Accountable?
Teachers,

Media Specialists,
Administrators, School Boards
All

equipment in a school is considered


supervised. Therefore, if it is used to
violate copyright law we are all
responsible.

You

are liable if you should have


known about it.

Is It Worth It?
$250--$10,000

per infringement
If the infringement is willful, the
fines can be as high as $100,000
Violation of software copyright is a
felony and carries fines up to
$250,000 per infringement

This presentation covers only a


portion of the copyright issues faced
by educators.
Your Media Specialist has special
training in issues relating to copyright.
If you are in doubt, ask for advice.

Why is it Important?
We are working to
produce Caring
and Responsible
Learners, so it is
our job to model
responsible behavior.

Board Policy
From Online Policy Manual, September 8, 2003

Compliance with State Board Policy, State and Federal Laws

ItisthepolicyofthisBoardtocomplywithallStateBoardpolicies
andadopteddocumentsrelatedtomediaprogramsandresources(IFA),
personnel(GBBandGDBA)andfacilitiesandtoadheretoany
relevantstateandfederallaws.

Furthermore,theHabershamCountyBoardofEducationshallcomply
withthecopyrightlaw.Thereshallbeoneindividualatthesystem
levelandoneindividualateachschoolresponsibleforensuringcurrent
copyrightinformationismadeavailabletoalleducationpersonnel,for
obtainingcopyrightclearanceforworksusedintheinstructionalsetting
andforrecommendingsystemcomplianceprocedures.Willful
infringementbyanyemployeeisprohibitedandmayresultin
disciplinaryaction.

Habershams Authority on
Copyright

Habersham County
refers to Gary
Beckers book,
Copyright: A Guide
to Information And
Resources as the
authority on
Copyright Law.

References

(2002). ALA Fact Sheet 7: Video and Copyright . Retrieved Aug. 22, 2003, from The
American Library Association: http://www.ala.org/Template.cfm?
Section=Library_Fact_Sheets&Template=/ContentManagement/ContentDisplay.cfm&Co
ntentID=24635
Becker, G. (2003). Copyright: A Guide to Information and Resources, 3rd Edition . Lake
Mary, FL: .
Copyright and Fair Use. Retrieved Jan. 8, 2009, from http://wwwsul.stanford.edu/cpyright.html
Fitzgerald, M. (1999). Copyright for Media Specialists . Retrieved Aug. 22, 2003, from
http://it.coe.uga.edu/%7Emfitzger/copyright.html
(2000). Regents Guide to Understanding Copyright & Educational Fair Use . Retrieved
Aug. 22, 2003, from University System of Georgia Board of Regents:
http://www.usg.edu/admin/legal/copyright/copy.html
Ryan, L., Smith, L. & Thomas, J. Breaking Down the Monster of Copyright Law .
Simpson, C.M. (1997). Copyright for schools: A practical guide (2nd ed.). Worthington,
OH: Linworth.