Presentation given at Johnson County Community College as part of Professional Development Days workshop.

1. Copyright Issues & Digital Media
in the Classroom
Professional Development Days
January 2009
Jonathan Bacon
Julie Haas
Mark Daganaar

2. Plan of Action
In this session we’ll discuss several scenarios
related to the instructional use of copyright
materials in both face-to-face and online
instruction. We’ll discuss epacks and
supplemental materials from textbook
publishers, the use of copyright works in
student projects, posting copyright works on
the web and in a learning management system
(like ANGEL or Blackboard), use of digital
databases and numerous other issues related
to fair use and the TEACH Act.

3. Disclaimer
• We are not a lawyers, have never been, and have
no intention of becoming lawyers.
• This is for information and entertainment purposes
only. The answers here are not intended as and are
not lawyer-client advice.
• Take our advice, our opinions and our chili with a
grain of salt.
• This information represents our research and our
limited understanding of copyright law.

4. ©opyright Balances Competing
Interests

5. Definition of Copyright
• Based on the US Constitution Article 1, Section 8:
Congress shall have the power… To promote the
Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries.
• “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. This protection is available
to both published and unpublished works.” ~ U.S.
Copyright Office

6. Copyright Holder Rights ~ § 106
• To Reproduce Works
• To Prepare Derivative Works (Adaption)
• To Distribute Works
 Sale, transfer of ownership, rental, leasing, lending
• To Perform Work Publically
 Literary, musical, dramatic, dance, pantomimes,
movies, audiovisual works
• To Display Work Publically
 Literary, musical, dramatic, dance, mimes, and
pictorial, graphic or sculptural works including
individual images from movies & audiovisual works
• Public Performance of Digital Sound Recordings

7. Copyright Basics
• Considered Personal Property (can be sold,
transferred, inherited)
• Original Works of Authorship § 102(a)
• Automatic Protection when Work Created
• Doesn’t Cover Facts or Ideas
• Must Be in Fixed Form § 102(a)
 “Tangible Medium of Expression”
• Registration (Not required after March 1, 1989)

8. Authorship vs. Ownership
• Owning Object ≠ Copyright
• Creator of Work Considered Author
• Ownership May Have Transferred
• Work for Hire § 101

9. Protectable Works ~ § 102(a)
• Literary Works
• Musical Works
• Dramatic Works
• Pantomimes & Choreographic Works
• Pictorial, Graphic & Sculptural Works
• Motion Pictures & Other Audiovisual Works
• Sound Recordings
• Architectural Works

10. Public Domain
• Copyright Expired*
 http://www.lib.umn.edu/copyright/PDchart.phtml
• Dedicated by Author to Public or Copyright
Abandoned by Author (Computer Freeware)
• Publication in the US before 1923
• Publication in the US before March 1, 1989 without
copyright notice
• Publication in the US before 1964 without copyright
renewal
• Federal Government Produced (§ 105)

11. Ways to Use Works & Comply with
Copyright Laws
• Is Work Protected by Copyright?
• Qualify as “Fair Use?”
• Qualify under TEACH Act?
• If Not, Seek Permission from Copyright
Holder.

12. The Balancing Act
• Exclusive Rights • Free Exchange of
of Author Ideas to Benefit
Society

13. Fair Use Is Not a Right, It’s an
Excuse

14. Fair Use Factors ~ § 107
aka Four Factor Analysis
• Purpose and Character of Use
 Commercial vs. Not-for-profit
• Nature of Work
• Amount & Substantiality
 Portion used in relation to whole
• Effect on Potential Market

15. Fair Use: The Tipping Point
Fair Use Not Fair Use
http://www.lib.ncsu.edu/dspc/tutorial/copyuse/worksheet.pdf

16. T.E.A.C.H. Act ~ Title 17, §110(2)
Provides limitations on author rights only if:
• Source material is a legally obtained copy
• Access to source materials does not circumvent a
digital rights management system.
• Defines Fair Use (§ 110) to cover the Digital
Classroom; e.g., Provides for Transmission of DL
Materials and Media § 110(2)
• Traditional notions of fair use do not apply in the
digital classroom

17. What TEACH Act Does (1)
• Excludes Materials Produced/Marketed for Online
or Digital Classroom Use
• Digital Copies Legally Obtained, May Not
Circumvent DRMS
• Accredited Nonprofit Educational Institutions or
Govt. Bodies Only
• Directly Related to Subject Being Taught
• Under Supervision of Instructor
• Part of Systematic Mediated Instructional Activities
• Equivalent to Amount Used in a Live Classroom

18. What TEACH Act Does (2)
• Access Limited to Enrolled Students
• Technological Measures Employed to Prevent
Retention or Redistribution of Copyright Works
• Precondition: Institutional Policies on Copyright
Usage
• Precondition: Focus on Education
• Precondition: Notification of Copyright Ownership
Rights to Learners

19. The materials on this course web site are only for
the use of students enrolled in this course for
purposes associated with this course and may not
be retained or further disseminated.

20. “The materials on this course web site are only for
the use of students enrolled in this course for
purposes associated with this course and may not
be retained or further disseminated. Further,
Johnson County Community College (JCCC) requires
its faculty, staff, and students to comply with the
United States Copyright Act. Faculty, students and
staff shall download, possess, or store only lawfully
acquired copyrighted materials and use, adapt,
distribute, or perform them only in ways consistent
with the Copyright act, associated case law, the Fair
Use principle, and the intellectual property rights of
others (read JCCC’s Copyright Policy and Guidelines
at
http://www.jccc.edu/home/depts/003100/site/desk_ref_toc/
copyright_toc).”

21. JCCC Copyright Policies & Procedures
JCCC has published copyright information and policies
on the web. The important links are:
• http://www.jccc.edu/home/depts.php/003100/site
/desk_ref_toc/copyright_toc/Index_Copyright
• and
http://www.jccc.edu/home/depts/003100/site/des
k_ref_toc/copyright_toc

22. Scenario: Film Showing
A faculty member would like to show a film in its
entirety to a student film club. The showing would
be on college property and supports a college
initiative (Diversity). The company that distributes
the film indicated the faculty member would need
to license the showing for $250. The JCCC library
owns the film and the faculty member assumed he
could legally show the film in any of his classes or to
the club he sponsors. The audience is expected to
be around 35 people.

23. Scenario: Film Showing – Follow-up
Can a faculty member legally show any film in the
classroom under fair use?
What if the DVD/Video is owned by the faculty
member? Can’t it be used in whatever fashion she
wants?

24. Scenario: Textbook Ancillary Materials
Can the free ancillary materials provided by
textbook publishers be used in class whether or not
the accompanying textbook is adopted by the
instructor?

25. Scenario: Textbook Ancillary Materials –
Follow-up
What if a faculty member receives an instructor
desk copy with ancillary materials—textbook in
digital format, study guide as both hard copy and in
digital format, DVD with sample video’s related to
cases in the textbook, and CD that has sample tests,
practice worksheets, and other case files? After
review the faculty member finds these items quite
useful as study tools for students to access as part
of the classroom instruction and assignments, and
therefore would like to “load” elements into
Blackboard or ANGEL for student access. Wouldn’t
fair use enable the instructor to use portions of the
materials without infringing on Copyright?

26. Scenario: Textbook Ancillary Materials –
Follow-up Part 2
A faculty member receives a PowerPoint slideshow
distributed by book publisher. She decides to delete
all of publisher logos and references and then
modify the PowerPoint slideshow extensively but
retain most of the images and text. Is this legal?

27. Scenario: Faculty Work and Work-for-
Hire
A faculty member teaches game programming. In
the process of creating course content, he develops
code that he would like to share on the internet via
http://code.google.com. The instructor asks the
question: Who owns the code? The code was
developed during office hours for use in the
classroom. Does JCCC own the code? If so who
actually has permission to assign the license to
it? The instructor would like to use the MIT open
source license (see
http://www.opensource.org/licenses/mit-
license.php) but wants to be sure he has the legal
right to do so.

28. The legal title to all materials and inventions as
defined in Section 2 above shall be held by
Johnson County Community College when
developed through college support or when
commissioned, provided, however, materials and
inventions produced under grants from the federal
government or other agency, public or
private, shall be subject to the conditions of the
contract or grant with respect to
ownership, distribution and use, and other residual
rights, including net proceeds; and provided
further, ownership to written materials generated
as a result of individual initiative, and not as a
specific college assignment, and where only
incidental use of college facilities or resources are
employed, should normally reside with the
author, subject to the provisions of Section 4.e.

29. Additional Issues: Part 1
• Can I Include Music from a Commercial CD I Own in
a PowerPoint Slideshow?
• My Son Plays in a Band, Can I Use His Music in a
PowerPoint Slideshow?
• Is It Legal to Use a Music Bed Created in
GarageBand for a Podcast?
• I’m Using Artwork from the ArtStor Database
Through the Library, Can I Use Those Images
Online?

30. Additional Issues: Part 2
• Can I Legally Use Clip Art From Microsoft Office in
an Instructional Project?
• What If the Copyright Owner Cannot be Found?
• Can I Duplicate One Chapter of a Textbook for
Students Since That’s All I Use? What About One
Article?
• Can I Use Cartoons in Classroom Lectures or Online
Lectures?
• Can I Use Images I Find on the Web?

31. Resources (1)
• U.S. Copyright Office and Copyright Law of the
United States, see
http://www.copyright.gov/title17/
• NewsNet, see http://www.copyright.gov/newsnet/
• Congressional Research Services, Copyright
Exemptions for Distance Education: 17 U.S.C. §
110(2), the Technology, Education, and Copyright
Harmonization Act of 2002, see
https://www.policyarchive.org/bitstream/handle/1
0207/2893/RL33516_20060706.pdf?sequence=1

32. Resources (2)
• North Carolina State University Fair Use Worksheet,
see
http://www.lib.ncsu.edu/dspc/tutorial/copyuse/wo
rksheet.pdf
• Consortium of College and University Media
Centers, “Educational Multimedia Fair Use
Guidelines,” see http://ccumc.org/copyright-
matters/fair-use-guideline
• Distance Learning and Copyright: A Guide to Legal
Issues by Steven A. Armatas (see
http://tinyurl.com/7jllqz)

33. Resources (3)
• Copyright Term & the Public Domain in the United
States, see
http://www.lib.umn.edu/copyright/PDchart.phtml
• Fair Use Analysis Tool, University of Minnesota, see
http://www.lib.umn.edu/copyright/checklist.phtml
• History of Copyright, see
http://www.copyright.gov/circs/circ1a.html
• Fundamentals of Fair Use and Copyright, California
State University, Office of General Counsel, see
http://www.calstate.edu/gc/docs/fair_use.doc

34. Resources (4)
• The TEACH Toolkit, see
http://www.lib.ncsu.edu/dspc/legislative/teachkit/c
hecklist.html and
http://www.lib.ncsu.edu/dspc/legislative/teachkit/e
xpanded_checklist.html
• Fair Use Ain’t What You Think It Is: Copyright and
Fair Use in the Digital Classroom by Mark J. Davis,
Esq. B.A., J.D. , see http://www.nmc.org/pdf/2008-
Davis.pdf
• BuzzGig: The Business of Creativity Blog, see
http://www.buzzgig.com/blog/

35. Code of Best Practices in Fair Use
(5 Categories)
1. Classroom Teaching with Copyrighted Materials
2. Copyrighted Material within the Curriculum
3. Sharing Teaching Materials
4. Student Work
5. Sharing Student Work
http://www.centerforsocialmedia.org/resources/publi
cations/code_for_media_literacy_education/

36. Fair Use Guidelines for Educational
Multimedia 1996 (1)
• Joint Committee of Publishers, Artist Agents, Higher
Ed. Reps. Developed
• Covers Not-for-profit Educational Uses
• Lawfully Acquired Copyright Works
• For Education Purposes in Systematic Learning
Activities
 F2F Instruction
 Directed Self-study
 Over Institutions Secure Electronic Network in Real-
time

37. Fair Use Guidelines for Educational
Multimedia 1996 (2)
• Multimedia Limitations
 Time (2 years max.)
 Portion (10% or 3 minutes video; 10% or 1000 words;
10% < 30 seconds music; >5 images or photos per
artist/photographer)
 Copying & Distribution
 Credit Sources
 Alterations in Original Only in Support of Educational
Objectives

38. Be Legal, Be Safe, Happy Semester!