Power Point Presentation on the topic of copyright in education created for grad school project.

1. Copyright and Education
Lorraine LeSage
Summer 2009

2. Delicate Balance
Educational
Use Copyright
holder’s right
Advancement to earn a
of civilization. living and
First maintain
Amendment their rights
rights. of ownership.

3. Copyright Law
Latest complete Law
 Title 17 Public Law
Amendments to the Copyright Law
 Digital Millennium Copyright Act (DMCA)
 TEACH (Technology, And Copyright Harmonization Act)

4. Copyright Holder’s Six Rights
2. Reproduction
3. Adaptation
4. Distribution
5. Public Performance
6. Public Display
7. Digital Transmission of sound recordings.

5. Copyright Holder’s Six Rights
Reproduction
The right to reproduce the work.
Copies that are not exact still apply,
example: A hand drawn illustration of
SpongeBob Square Pants.

6. Copyright Holder’s Six Rights
Adaptation
Changing the original work in some way.
JK Rowlings earns a great deal of money when
her books are adapted into screenplays and
turned into movies.

7. Copyright Holder’s Six Rights
Distribution
 Only the copyright holder has the right to
copy and then distribute their work.
 The right of first sale allows the consumer to
do what they wish with the one copy that
they purchased. Without this provision a
library couldn’t loan a book.

8. Copyright Holder’s Six Rights
Public Performance
 Only the copyright holder has the right to
publicly perform their work.
 A public performance includes; film,
music, dance, theater, etc… (Simpson,
2005)

9. What constitutes a public
performance?
“The law defines a public performance as:
to perform or display it at a place open to
the public or at any place where a
substantial number of persons outside a
normal circle of a family and its social
acquaintances is gathered.” (Simpson,
2005, p19)

10. Copyright Holder’s Six Rights
Public Display
Display of artwork in any place outside of the
home.
Could apply to pictures, photography, sculpture, or
even literature if it were to be displayed on the
Internet.

11. Copyright Holder’s Six Rights
Digital Transmission of sound recordings.
Latest copyright holder’s right came to be as
a result of the Digital Millennium Copyright
Act.
Internet radio stations must now pay
expensive royalties to record companies.

12. Duration of Copyright
 Length of life of copyright holder plus 70 years.
(extended to 70 from 50 in 1998)
 Works published before 1923 are in the public
domain.
 Works published between 1923-1978 have
varying periods of copyright. The time of
creation depends on length of copyright
protection.
 Flow Chart to help determine when copyright expires

13. Copyright
 After January 1, 1978 the work was
automatically protected by copyright the
moment it was created and physically recorded,
written, painted, etc…
 After 1989 works no longer needed the
copyright symbol,©, and the author no longer
needed to register the work with the US
copyright office in order to be eligible for
protection.

14. Public Domain
What is the Public Domain?
work not protected by copyright.
 How does a work enter the public domain?
 Work may not have been eligible for copyright
protection.
 Creative Commons
 Authors may elect to dedicate their work to the
public domain, Creative Commons is the method
used to do this. (www.creativecommons.org)

15. What Can’t be Protected by
Copyright
 Factual Information ex. Phone book data
 Ideas
 Creative works made by non-humans, ex.
Art work created by a monkey or an elephant.
 Works created by US Federal government
employees during the course of their
duties.

16. Creative Commons
 Created in response
to Digital Millennium
Copyright Act (DMCA)
 Creative Commons Video
Creativecommons.org

17. Fair Use
What is it?
Fair use is not a right. It is a defense
used in court when an individual has
been charged with infringing
copyright laws. (Simpson, 2005)

18. Fair Use
Will that make you sleep better at night?

19. Fair Use
Without fair use human knowledge would
not advance. It is necessary to balance
the copyright holder’s rights with the
rights of humankind to use and build upon
the discoveries of others.

20. Fair Use
Accepting that fair use is necessary for the
benefit of the world. Let’s take a look at
the fair use guidelines so we are
protecting both the copyright holders
rights as well as protecting ourselves.

21. Fair Use
The fair use guidelines as they appear in section
107 of the federal law are listed below.
“Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered fair, such as
criticism, comment, news reporting, teaching, scholarship, and
research. Section 107 also sets out four factors to be considered
in determining whether or not a particular use is fair:
 The purpose and character of the use, including whether such use is
of commercial nature or is for nonprofit educational purposes
 The nature of the copyrighted work
 The amount and substantiality of the portion used in relation to the
copyrighted work as a whole
 The effect of the use upon the potential market for, or value of, the
copyrighted work” (17 USC, http://www.copyright.gov/fls/fl102.html)

22. What do I have do Teacher’s need
to know?
The four tests for fair use are difficult for laypeople
to understand. In order to help teachers better
understand which uses constituted fair use
congress came up with the fair use guidelines. One
can use either the guidelines or the four
tests as a defense of fair use.
Fair use guidelines are easier to learn and
administer than applying the fair use test.
(Simpson, 2005)

23. Print Guidelines
Teachers may copy, for the purpose of research,
teaching, or preparation for teaching:
 A single chapter from a book.
 A single copy of an article.
 A single copy of a short story, short essay, or
short poem.
 A single copy of a chart, graph, diagram,
drawing, cartoon, or picture from a book,
periodical, or newspaper. (Simpson, 2005, p54)

24. Print Fair Use Guidelines
When are multiple copies permitted? Multiple
copies are permitted if three tests are met.
3. Brevity- length of a work used.
4. Spontaneity
5. Cumulative Effect

25. Print Fair Use Guidelines
Brevity
 Poem up to 250 words in length.
 Prose: Article less than 2,500 words may be copied in
its entirety. Play or novel not more than 1,000 words
or 10% less.
 Picture book: only two pages provided this isn’t more
than 10%.
 Illustration: One chart, graph, drawing, cartoon,
diagram or picture.
Hall Davidson Chart on Copyright and Fair Use Guidelines

26. Print Fair Use Guidelines
Spontaneity
 Must be teacher’s idea to use the work.
 Planned use must be too close to use to get
permission from copyright holder, less than 2
weeks.

27. Print Fair Use Guidelines
Cumulative Effect
Law was created to ensure that fair use isn’t a
substitute for purchasing materials.
 Item may be copied for only one course.
 Students may not be charged for copies
beyond the actual cost of photocopying.
 Consumables may not be copied.

28. Audio Visual Materials and Fair
Use
What is considered AV Materials?
 Video
 Filmstrips
 Sound Recordings
 Graphics and all other non print formats that
are not multimedia. (Simpson, 2005)

29. Audio Visual Materials and Fair
Use
 Rules included in section 110(1) of 17
USC, current copyright law.
 This is law and not externally developed
guidelines as in the case of print media.
 Can be broken down into five yes or no
questions to help determine
appropriateness of a fair use claim.

30. Audio Visual Materials and Fair
Use
Ask these five questions to determine the
likelihood of the fair use defense holding up
in court. Can you answer yes to all five
questions?
1. Is it a nonprofit performance?
2. Does it take place in a classroom or similar location?
3. Are only instructors and students present for the
viewing?
4. Is the copy being shown a legally acquired copy?
5. Does the video fit as an integral part of an immediate
unit of study in a face to face academic setting?
(Simpson, 2005)

31. Audio Visual Materials and Fair
Use
If you couldn’t answer yes to all five questions you
would most likely not qualify for a fair use
defense.
In a case such as this the copyright holder must
grant permission, or you must obtain performance
rights? Such rights can be obtained with the
purchase of an umbrella license. Several vendors
sell an umbrella license allowing public
performances of movies from certain producers.

32. Music materials and Fair Use (print
and recorded)
There are no legal guidelines established for
educational uses of music however, in 1976
several music groups got together to
establish the Guidelines for Educational Uses
of Music. This group consisted of educators
and copyright holders. Following these
guidelines are a “sensible fair practice.”
(Simpson, 2005)

33. Music materials and Fair Use (print
and recorded)
Print Materials Acceptable Use
 Purchased copies haven’t arrived in time, making
emergency copies is permissible.
 Classroom purposes, non performance, portion
of a work may be copied, not to exceed 10%.
 Schools owning sufficient copies of a piece may
edit or simplify the work provided it doesn’t
change the character of the work.
(Simpson, 2005)

34. Music materials and Fair Use (print
and recorded)
Recorded Music Acceptable Use
 Single copy of a student performance may
be made, but only for evaluation or
rehearsal.
 A single copy of a sound recording of
copyrighted music, which a legal copy is
owned, for the purpose of constructing
aural examinations or exercises. (Simpson,
2005)

35. Multimedia and Fair Use
Multimedia is a technology that emerged after the
latest revisions to the copyright
law, however in 1996 a group of media producers,
publishers, and consumers established a set of
guidelines on the use of multimedia in education.
CONFU (Conference on Fair Use)
Examples of multimedia presentations include
PowerPoint and Hyper studio.
Fair use guidelines for educational multimedia

36. CONFU Guidelines
 Motion media- up to 10% or 3 minutes,
whichever is less, of an individual
program.
 Text-Up to 10% or 1000 words of a novel,
story, play, or long poem. Poem shorter
than 250 words may be used completely.
 Music, lyrics, and music videos- 10% or 30
seconds. (CONFU Guidelines, 1996)

37. CONFU Guidelines
 Illustrations, cartoons, and photos- no more than 5 images
from a single artist. No more than 15 images or 10% of a
single collection.
 10% of numerical data sets or 2,500 fields.
 Citing copyright protected work is required.
 Teachers may only keep work with copyrighted material a
period of two years after its first use.
 Students may keep the work indefinitely.
 The opening screen of the multimedia presentation must
contain a notice that the work contains copyrighted
material and is being used under the fair use exemption of
the U.S. Copyright Law. (Simpson, 2005)

38. TEACH ACT
 The TEACH Act (Technology, Education
and Copyright harmonization Act) makes
provisions for using copyrighted materials
in distance learning situations.
ALA information on TEACH Act

39. Copyright and Computer Software
Issues
 Tempting and easy to make illegal copies.
 Teachers/administrators rationalize their actions as necessary.
 Software Publishers Association (SPA) estimates that for every one
legal copy purchased there are another 3-7 illegal copies in
distribution. (Marshall, 1993)
Risks
 Piracy is punishable as a felony.
 If one makes more than 10 illegal copies of software within 180 day
period, crime is punishable up to 2 years in jail and 25,000.
 Make more than 50 copies and that fine goes up to 250,000 and up
to 5 years jail time.

40. Library Exemptions
 If a page is damaged, a good copy of the
page can be made and inserted into the
book.
 If a book is out of print, and a new copy
cannot be obtained at a reasonable price,
library may make copies to repair or
replace damaged book. (Simpson, 2005)

41. References
United States Copyright law. U.S. Copyright Office. (2008). Retrieved June 30, 2009
from http://www.copyright.gov/title17/
The Digital Millennium Copyright Act of 1998. U.S. Copyright Office Summary.
(1998). Retrieved June 31, 2009 from http://www.copyright.gov/legislation/dmca.pdf
Lessick, S. (2003). University of California. Retrieved July 1, 2009, from
http://www.universityofcalifornia.edu/copyright/teach.html
Simpson, C. (2005). Copyright for Schools. Worthington, OH: Linworth.
Bromberg & Sunstein LLP. (n.d.) Flowchart for Determining when U.S. Copyrights
in Fixed Works Expire. Retrieved July 1, 2009, from
http://www.bromsun.com/practices/copyright-portfolio
development/flowchart.htm
Creative Commons. http://creativecommons.org/about/

42. References
The Creative Commons Tech Team. Retrieved July 3, 2009, from
http://creativecommons.org/videos/a-shared-culture/
United States Copyright law. U.S. Copyright Office. (2008). Retrieved July 3, 2009,
from http://www.copyright.gov/fls/fl102.html
Hall, D. (n.d.) Copyright and Fair Use Guidelines for Teachers. Retrieved July 3,
2009, from http://www.halldavidson.net/chartshort.html
Educational Multimedia Fair Use Guidelines Development committee. (2001). Retrieved
June 30, 2009, from http://www.utsystem.edu/OGC/Intellectualproperty/ccmcguid.htm
ALA American Library Association. (n.d.) Distance Education and the Teach Act. Retrieved
July 3, 2009, from
http://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Templa