Copyright can be confusing and downright scary once you start to think about it. We are going to talk about copyright and how teachers and students can use copyrighted materials for educational purposes by following fair use guidelines.

Copyright law protects all original work, even if it is unpublished from Copied and PADD (1976) by others. The Berne convention in 1988 eliminated the need for a copyright notice to guarantee that your works won’t be copied. Basically, all things are now copyrighted whether they say so or not.

Fair use states that copies may be made of work for the following reasons, criticim, comment, news reporting, teacher, scholarship or research and not break copyright laws Still, the movie states that fair use is “slippery”. So, we are going to take a closer look at the guidelines. Some of you might even be thinking that the creator of this movie may have infringed on some copyright, but we need to see if he falls under fair use.

The guidelines are not law, but are merely guidelines. Within each of these there is some gray area.

Most of you would be copying for educational reasons. So caution needs to be taken if selling t-shirts, etc… even if it benefits the school.

The specific amount of a portion of printed text, video and music are more defined and we will look at that a little later.

If works are private, research, or unpublished the author still controls how the final product is published.

Effect is the most important consideration for Fair Use. If copying the work changes the marketability or profit for the owner it is less likely that copy is less likely to be considered fair use.

Up to 10% of a musical composition may be reproduced, performed, and displayed. A Max of 30 seconds Must have a license for each user if going to be run simultaneously Must be Educational

Images, Illustrations and Photographs From the Internet Broadcast Television Show Remember has to be educational use. Some holders allow more than 10 days Check pbs.org Can’t be recorded more than once. Check about cable programs, one ciconline.org gives list of programs and how long they can be kept for.

Obviously all items, like movies, videos, music, etc… should be obtained legally. Questions about movies? Needs to be shown in classroom (not large group in gym) Copies of movies/dvds may can be made for archival purposes or replacement is too expensive or only in the wrong format.

Consumables may not be copied. Infringes on the Effect guidelines. Prohibits owner from making more money. 1 picture (diagram, cartoon, chart) 1 copy/student Not anthologies Copies can be made 9 times/class/term Numerical Data Sets-10% or 2,500 fields or cells

Always cite your sources and have your students do it too. Even younger students can get involved by writing down which book they used or which website had the picture.

Think-Pair-Share, then discuss: Used for educational purposes Only uses 30 seconds of the song It’s published Won’t effect the ability of artist to sell the album/song, might actually encourage some to buy it.

Think-Pair-Share, then discuss: You must have enough licenses for the number of students that need to use the program at the same time. 1/computer is usually good. You can also usually get a site/network license for an entire school.

Think-Pair-Share, then discuss: For educational purposes Amount, is the whole thing, but Showed it within 10 days Kept less than the 45 day limit It is published but factual.

Purpose is Educational Amount is <5 per photographer Nature is factual, since they are photographs of animals It doesn’t effect the sale negatively Don’t forget to cite the sources.

Think-Pair-Share, then discuss: Purpose is educational Amount is less than 250 words and not the heart of the work. Nature – it is fiction but stays within the amount guidelines. Only 1 copy/student. Effect – doesn’t harm sales Remember with printed works that consumables can’t be copied. Review: What will you take back with you that you learned today? What are the most important things to remember about copyright? (slide 1) What about Fair Use? (slide 3,4,5)

Copyright and Fair Use in Education By LeAnn Miller Parts of this presentation are under the fair use exemption of the U.S. Copyright Law and may be restricted from further use.

Copyright Law Copyright protects the creator’s work (drama, music, art, literature, and intellectual works) from being: Copied Performed Adapted Distributed Displayed Permission is needed to use a work for any of the above reasons. ©

Can you ever use a copyrighted work without permission? Fair Use allows a copyrighted work to be used by others for certain purposes if the guidelines are met.

A Fair(y) Use Tale: Chapter 4 By Eric Faden Click Movie to Play Used under Creative Commons Licensing

Is it Fair Use? Check the Guidelines (PANE)...

Purpose How is it going to be used? Educational, personal, not for profit For commercial use or to earn money

Amount How much and which part? Small portion and not the main idea or heart of the work The entire work and/or the heart of the work

Nature How much and which part? Factual materials and published works Fiction, including poetry, stories and/or private unpublished works

Effect Will it change the market value? Others will still buy the original work Others may not need to buy the work

10% reproduced, performed and displayed Max of 30 sec Equal Number Licenses and Users

5 by single artist Not more than 10% (15) from a collection Must show within 10 school days 45 days limit for evaluative purposes Check cable programs www.ciconline.org

10% or 3 min whichever is less Legal copy Must be linked to instruction, not for reward Legal copy

<250 words of a poem <2500 words of story, article, essay 10% excerpt of longer work (1000 words) 2 pages from picture book Consumable workbooks MAY NOT be copied

Give Credit

A student brings in a CD of his favorite artist. He adds 30 seconds of a song to the beginning of his movie for a Social Studies project. Is this Fair Use? (“Albums”)

A teacher has one copy of Kidspiration. He has already installed it on one student machine. He installs it on another, and allows the students to access it at the same time. Is this Fair Use? (“Media Information”)

A teacher tapes an interview with the President of the United States and shows it the next day to her class. She keeps the recording for a month. Is this Fair Use? (“President Barack Obama”)

A teacher gathers images from the web for her primary students to use in their ocean animal presentation. The images are from various photographers. Is this Fair Use? (Skerry)

A teacher wants to copy an excerpt from the poem, “Honey I Love”, by Eloise Greenfield and provide it for his students as a writing prompt. Is this Fair Use? (Dillon)

Works Cited "Albums." Black Eyed Peas. N.p., 2005. Web. 12 Sept. 2009. <http://images.blackeyedpeas.com/images/AlbumItem/image/778873.jpg>. Butler, Rebecca. "Chapter 2 Fair Use: When Do You Need to Ask Permission?" Copyright for Teachers and Librarians. New York: Neal Schumann, 2004. Print. "Copyright Timeline: A History of Copyright in the United States." Copyright & Intellectual Properties Resources. Association of Research Libraries, 12 July 2007. Web. 12 Sept. 2009. <http://www.arl.org/pp/ppcopyright/ copyresources/copytimeline.shtml#20C>. Davidson, Hall. "Copyright and Fair Use Guidelines for Teachers." Hall Davidson-Workshop Resources-Copyright Resources. N.p., 10,2002. Web. 10 Sept. 2009. <http://www.halldavidson.net/copyright_chart.pdf>. Dillon, Diane and Leo. Book Cover. 1978. Honey, I Love and Other Love Poems. By Eloise Greenfield. 1978. New York: HarperCollins, 1986. N. pag. HarperCollin's Children's. N.p., n.d. Web. 12 Sept. 2009. <http://www.harpercollinschildrens.com/Kids/BookDetail.aspx?isbn13=9780064430975>.

Works Cited Continued… Faden, Eric. A Fair(y) Use Tale. The Center for Internet and Society. Stanford Law School, n.d. Web. 13 Sept. 2009. <http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale>. "Media Information.“ Inspiration Software, Inc., 2009. Web. 11 Sept. 2009. <http://kidspiration.com/sites/default/files/images/k3_box.gif>. "President Barack Obama." The Administration: President Barack Obama. The White House, n.d. Web. 8 Sept. 2009. <http://www.whitehouse.gov/assets/images/President_Official_Portrait_LowRes.jpg>. Skerry, Brian J. "Whale Shark with Small Fish." Animals: Wallpaper. National Geographic, n.d. Web. 10 Sept. 2009 <http://animals.nationalgeographic.com/animals/wallpaper/ whale-shark-with-fish_image.html>. Torrans, Lee Ann. Law for K-12 Libraries and Librarians. Westport, CT: Libraries Unlimited, 2003. Print.