2. What is Copyright?
“Copyright is 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).
3. Copyright Purpose
The authors have rights to their original works:
• reproduction,
• adaptation,
• distribution,
• public performance,
• public display, and
• digital transmission of sound recordings
(Simpson 2).
4. Fair Use
As educators, the copyright law
gives you special exceptions as long
as you apply the Four Factor Test
(Simpson 4).
5. What are the Four Factors?
Factor 1: The purpose and character of the use, including
whether such use is of a commercial nature, or is for nonprofit
educational purposes;
Factor 2: The nature of the copyrighted work;
Factor 3: The amount and substantiality of the portion used
in relation to the copyrighted work as a whole; and
Factor 4: The effect of the use upon the potential market for
or value of the copyrighted work (qtd. in Simpson 35).
6. Four Factor Test
Favoring
Fair Use
Disfavoring
Fair Use
Transformative
Rote
Copying
New Replaces
Old
(Simpson 38)
Unpublished
7. Let’s give it a try!
Scenario 1: An English teacher wants to use advertisements from magazines to
illustrate propaganda techniques. She would like to make a copy of the ads for
each student to add to their notebook. Does Fair Use grant permission?
Factor 1: It is being used for nonprofit educational use.
Factor 2: The ad is in a “published” magazine.
Factor 3: Advertisements is plural. STOP! This teacher cannot make these
copies. If she would make a single copy from the magazine, and then copy for
her class, she could proceed to Factor 4.
Scenario 2: A Math teacher found a song written by a student on another
district’s website. The song would help the students learn the steps for order of
operations. Does Fair Use grant permission?
Factor 1: It is being used for nonprofit educational use.
Factor 2: The song is written by a student on another district’s website. STOP!
This song is a creation of an unpublished author. The teacher would need to get
permission from the school district.
9. What can I copy?
• A single copy of…
• Multiple copies for classroom use includes
– a poem fewer than 250 words
– a complete article less than 2500 words
– 2 pages of a picture book
– a single chart, graph, diagram, drawing,
cartoon, or picture per book or magazine
(Simpson 52-56).
Notice: This material may be
protected by copyright law (Title 17
U.S. Code).
10. Print Examples
Stop! Please don’t copy an entire
workbook. This affects the author’s
profits. Workbooks are consumables.
Caution! If in doubt, ask permission.
Go for it! You may copy a class set (no
extras) of the less than 2500 word article
that you cut out of the newspaper.
12. Q and A
Q: How may I use computer software?
A: Simple! Read and adhere to the license agreement!
Food for thought: “A revision of the law passed in
1992 brought software piracy to felony status, with fines
up to $250,000 and up to five years in prison for
systematic violations” (Simpson 151).
13. Computer Software Examples
Stop! Please do not bring a copy of a
math game that you bought for your
child at home and download it on your
computer in your classroom. The license
for the game is for single-use only!
Caution! Read the license agreement!
Go for it! You may download the test
bank CD onto your classroom computer
because the school district bought a
license for multiple-computer use!
15. Right click then paste?
At present, there aren’t any specific rules for
the Web. Just because it is easy to copy,
doesn’t mean you should! Use the print
guidelines when applicable. Remember you
can apply the Four Factor Test for the Internet
too!
16. Internet Examples
Stop! Please do not forward an email
from a colleague to your other contacts
without permission from the sender.
Emails are covered under copyright.
Caution! Apply the Four Factor Test.
Go for it! You can make a single copy of
an article found online.
17.
18. 5 yes/no Questions
______1. Are you a non-profit educational institution?
______2. Will the showing be only for students and teachers in a
regularly scheduled class?
______3. Will the showing take place in a classroom or other
instructional place?
______4. Is the showing made from a legally-acquired copy of the
work?
______5. Will the showing be used for direct teaching and of
material use in presenting a lesson on your curriculum?
(Simpson 78)
19. Audio Examples
Stop! Please do not bring your personal
iPad and play music for the 6th grade
Social during Homecoming week.
Questions 2,3, and 5 are answered No!
Caution! It’s simple, answer the 5 yes/no
questions.
Go for it! You may play the song
“Bridge Over Troubled Water” by Simon
and Garfunkel for your class to show an
example of refrain. All 5 questions are
answered Yes!
21. 5 yes/no Questions
______1. Are you a non-profit educational institution?
______2. Will the showing be only for students and teachers in a
regularly scheduled class?
______3. Will the showing take place in a classroom or other
instructional place?
______4. Is the showing made from a legally-acquired copy of the
work?
______5. Will the showing be used for direct teaching and of
material use in presenting a lesson on your curriculum?
(Simpson 78)
22. Video Examples
Stop! Please do not use the recording of
a PBS documentary that was duplicated
for all 5th grade Social Studies teachers.
Questions 4 is answered No! It is illegal
to make duplicate copies of a legally-
acquired copy.
Caution! It’s simple, answer the 5 yes/no
questions.
Go for it! You may show the movie,
“Hatchet” to your 5th grade class after
reading the novel, “Hatchet” by Gary
Paulsen. All 5 questions are answered
Yes!
23. What about Multimedia
Projects?
• Standard Fair Use guidelines apply, consider the Four
Factor Test
• All material used should be properly cited
• Include only 30 seconds of copyrighted music or 3
minutes of video for each project. If you need more,
consider royalty-free materials. (Simpson 216)
24. Why bother following these guidelines?
Consider this question: Do you only drive the speed limit when you see a
police officer?
Probably not! You drive the speed limit because it’s the law!
25. Follow-up Activity
Let’s play a game, “What’s the Signal?”
Materials: On your table, you have 3 paper plate paddles. A red for
STOP!, green for GO For it!, and yellow for Caution or I don’t know!
Directions: I will read a scenario and you
will choose the correct signal. You may
discuss the scenario at your table before
making your choice.
How to Win? The table with the most correct
signals!
The Prize? You will be named my
Copyright Consultant Assistants!!
26. _____________________Works cited
Simpson, Carol. Copyright for Schools: A Practical Guide. 5th. Santa Barbara, CA:
Linworth. 2010.
United States Copyright Office. (2012). Circular 1: Copyright Basics. Retrieved
August 3, 2013, from: www.copyright.gov/circs/circ01.pdf
Note: All images are clip art taken from MS PowerPoint
