1. In the Know Copyright and the Classroom © Cindy Fuller Debbie Campbell Denise D. Green Joe Hardenbrook Amanda Pippitt Presented by Staley Library Faculty: December 2009

2. In the Know: Copyright and the Classroom Important laws and legislation Scenarios involving copyright Resources for additional investigation Image source: “fuzzy copyright.” URL: http://www.flickr.com/photos/pugno_muliebriter/1384247192/.

3. Copyright: What’s Protected Scribbles Domain Names Graffiti Books Titles Simple Phrases Music Articles Doodles Movies Ballets Photographs Facts Ideas Software Plays U.S. gov’t works Sculpture Slogans Architecture Paintings Pantomimes Names recipes Websites

4. Laws & Legislation Copyright mentioned in the U.S. Constitution U.S. Copyright Act 1790, 1909, 1976 Full-text of Act Fair use (1976) Sonny Bono Copyright Term Extension Act (1998) Digital Millennium Copyright Act (1998) TEACH Act (2002) (sec. 13301) – Distance ed. issues

5. What makes something copyrighted? U.S. Copyright Act, Section 102(a) Original work of authorship Fixed in a tangible medium of expression now known or later developed Source: U.S. Copyright Office. (2009). Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code. Retrieved 23 Nov. 2009 from http://www.copyright.gov/title17/92chap1.html.

6. When/How is something copyrighted? Automatic…when you create something original that is “fixed,” it’s copyrighted! Not required to register it with the U.S. Copyright Office. Don’t have to use the ©. Assume that almost every work is protected by copyright. Source: Crews, K. (2000). Copyright Essentials for Librarians and Educators. Chicago: American Library Association.

7. How long is copyright? Generally, works today are life of author + 70 years. (Thanks, Sonny!) Copyright Term and the Public Domain Flowchart of Copyright Length Copyright Slider Image source: “Stopwatch.” URL: http://www.flickr.com/photos/erica_marshall/2737425814/.

8. Fair Use Section 107 of the U.S. Copyright Act 4 Factors  Fair Use Checklist (Columbia Univ.)

9. Face-to-Face Teaching Section 110 of the U.S. Copyright Act Exemption for “performance or display of work by instructors or pupils in the course of face-to-face teaching activities…in a classroom or similar place devoted to instruction.” Must be lawfully-obtained copy

10. TEACH Act Technology, Education and Copyright Harmonization Act Guidelines of the transmission of digital materials to distance education students Not as broad as “fair use.” Technological requirements – limited access, limited time, restricted dissemination Sample Checklist (No. Carolina St. Univ.)

11. Scenario #1 Professor Smith reads an article on The Chronicle of Higher Education web site about faculty salaries. She copies and pastes the article into her e-mail and forwards to the entire faculty. Copyright violation?

12. Scenario #1: Answer….Yes She copied the article and sent it out without the copyright owner’s permission. Instead: Send out small excerpt or a link to the article. See if the institution has a site license with The Chronicle. Example: http://chronicle.com/article/Reprints/44236

13. Scenario #2: Question The student “Italian Club” has a “Movie Night” on campus and shows some DVDs. Acceptable / Not Acceptable??? Image source: “Bitter Rice.” URL: http://www.flickr.com/photos/pietroizzo/2983449757/.

14. Scenario #2: Answer…Need more info Further Info: Copyright Advisory Office, Columbia University. (2009). Showing Films and Other Media. Retrieved 23 November 2009 from http://copyright.columbia.edu/copyright/fair-use/practical-applications/showing-films-and-other-media/.

15. Scenario #3: Question Professor Jones wants to post a journal article in Moodle. Is this OK?

16. Scenario #3: Answer…It Depends Source: Copyright Advisory Office, Columbia University. (2009). Posting Course Materials Online. Retrieved 23 November 2009 from http://copyright.columbia.edu/copyright/fair-use/practical-applications/posting-course-materials-online.

17. Scenario #4: Question Professor Smith goes to Blockbuster to rent Pride & Prejudice to show in his English Lit class. Is this a violation of copyright? Image source: “blockbuster.” URL: http://www.flickr.com/photos/digiart2001/3951170293/.

18. Scenario #4: Answer…It’s OK! Why? Qualifies under Section 110 of the U.S. Copyright Act Source: Russell, C. (Ed). (2004). Complete Copyright: An Everyday Guide for Librarians. Chicago: American Library Association.

19. Scenario #5: Question Professor Jones brings 2 copies of a CD to put on reserve in the Library for her music appreciation class. OK or not? What if she burns a CD for Library Reserves with a compilation of tracks from various CDs in her own personal collection? Copyright violation???

20. Scenario #5: Answer…Yes & Maybe Beware: Music copyright can be a tricky area & (along with video copyright) is often more strictly interpreted. Copying an entire CD would be a copyright violation, similar to copying an entire book. Making a compilation CD for educational purposes could be argued as fair use, as long as it is made from legally owned copies.

21. Scenario #6: Question Professor Smith is teaching an online class, “Media & Society,” and is using Moodle. He wants to show a clip from the local news about a murder. Can he do this without violating copyright/TEACH Act? Image source: “one of the local news vans.” URL: http://www.flickr.com/photos/hgruber/704064041/.

22. Scenario #6: Answer…Hmm? Short clip = fair use / Entire broadcast doesn’t Factual news story. Not a dramatic work. In favor of fair use. Display clip for only a short time and only to enrolled students. – TEACH Act Exemption for media & film studies under the DMCA.

23. Scenario #7: Question Student in your class finds an image on the Web that she wants to manipulate and use in a class project. Is this a copyright violation? Image source: “Condensed Consommé.” URL: http://www.flickr.com/photos/fredericksburg/2204440393/.

24. Scenario #7: Answer…Maybe? No explicit guidelines on what types of changes she would have to make to consider it “original.” Need to look at image permissions, or ask for permission. People do this all the time. Does that make it OK?

25. Scenario #8: Question Professor Jones wants to make a collection of assorted readings (photocopies of various journal articles and book chapters) available to his students as course packs that his students would purchase from the bookstore. Is this OK? Image source: “vaiadoin’ homework.” URL: http://www.flickr.com/photos/posixeleni/3246445518/.

26. Scenario #8: Answer…It Depends If copyright permissions for each reading are not obtained, then it's NOT OK! Copyright permissions must be obtained for each course pack item. If the permissions are obtained, then all is well for that semester. Keep in mind that copyright permissions are usually granted for one semester only. New permissions must be obtained for course packs in each course, each semester.

27. Now It’s Clicker Time…

28. How often do you use course packs in your classes? Every semester Once a year Once in a while Never

29. Are copyright permissions obtained for your course packs? Yes No Sometimes I never use coursepacks

30. If copyright permissions were simple to obtain, would you use course packs more often? Yes No

31. Today’s copyright workshop was… Very useful Somewhat useful Not useful

32. Resources Staley Library Copyright Information http://www.millikin.edu/staley/services/copyright/Pages/default.aspx United States Copyright Office http://www.copyright.gov/ Columbia Univ. Copyright Advisory Office http://copyright.columbia.edu/ NCSU Digital Scholarship & Publishing Ctr. http://www.lib.ncsu.edu/dspc/main.html Copyright Clearance Center http://www.copyright.com/ Know Your Copyrights http://knowyourcopyrights.org/

33. Bibliography Armatas, S.A. (2008). Distance Learning and Copyright: A Guide to Legal Issues. Chicago: American Bar Association. Butler, R. (2009). Smart Copyright Compliance for Schools: A How to Do It Manual for Librarians. New York: Neal-Schuman. Hoffmann, G.M. (2005). Copyright in Cyberspace 2: Questions and Answers for Librarians. New York: Neal-Schuman. LaFrance, M. (2008). Copyright Law in a Nutshell. St. Paul, MN: Thomson/West. Lipinski, T.A. (2006). The Complete Copyright Liability Handbook for Librarians and Educators. New York: Neal-Schuman. Rosen, R.S. (2008). Music and Copyright. New York: Oxford. Russell, C. (2004). Complete Copyright: An Everyday Guide for Librarians. American Library Association. Simpson, C. (2008). Copyright for Administrators. Columbus, OH: Linworth. Westbrook, S. (Ed.). (2009). Composition & Copyright: Perspectives on Teaching, Text-making, and Fair Use. Albany, NY: SUNY Press.

34. In the Know: Copyright and the Classroom Thank you for attending! This presentation is not copyrighted and may be freely distributed with attribution given to the authors. Note: This presentation does not constitute legal advice , nor does it serve as a substitution for legal counsel. The presentation is adapted from “Copyright Issues in Higher Education” given by Joe Hardenbrook and Amanda Pippitt.