Copyright in a Nutshell
Modified by John Koester
Original by Pamela Kuck
Instructional technology Director
CESA 8
223 W. Park St.
Gillett, WI 54124
920-855-2114
pkuck@cesa8.k12.wi.us
Fair Use Guidelines Include:
purpose and character of use
nature of copyrighted work
amount and substantiality of work
effect and use upon potential market
You may use audiovisual materials when:
It is shown as part of the instructional program
It is shown by students, teachers, or guest
speakers
It must be shown in classrooms or other similar
places
Must be shown in a face-to-face situation or in
the same building or general area
It must be shown only to students or educators
Copyright notice must be included and it must
be a legitimate copy
You may not use audiovisual materials when:
It is for entertainment or recreational
purposes unrelated to a teaching activity
It is transmitted by radio or television from
an outside location (like closed circuit
from another building)
It is shown to an audience other than
students or teachers, even when students
or teachers are present
It is an illegally acquired or duplicated
copy
You can’t copy:
to substitute for purchase or replacement
workbooks, exercises, standardized tests, or answer
sheets
the same item by the same teacher term after term
if it is directed by a higher authority
if there is a charge to students beyond the photocopy
charge
to create, replace, or substitute for anthologies,
compilations or collective works
commercially made videotapes, such as feature films or
educational tapes
programs on cable channels or satellite TV, such as
HBO or PrimeTime. (There are some exceptions on the
Discovery Channel)
These conditions are required
for taping off-the-air:
Teacher must specifically request the copy
A notice of copyright must be included
It must be shown to students within
10 school days
It must be erased within 45 days
It must be used for instructional, not
recreational purposes
A video produced for home use can
be used in the classroom only if
the following criteria are met:
use must take place in an educational institution
use must take place in a classroom or similar place
devoted to instruction
use must be part of the regular instructional process,
thus ruling out extra-curricular or recreational uses
use must be by the teacher and the students, teacher and
video must all be face-to-face, thus ruling out
transmissions from outside of the building
video must be a lawfully made copy
Software Copyright Issues

It is never legal to copy software. You can make
one back-up copy to be used if the original fails.
You cannot use the back-up copy on a computer
simultaneously with the master copy.

You can adapt the program by adding content or
adapting to another language; however, you
cannot sell, distribute, or transfer the adapted
version of that program. It is illegal to make or
distribute copies of copyrighted materials without
authorization.

You can loan computer software in the school
media center.
Multimedia Guidelines
Students



May incorporate portions of lawfully acquired copyrighted works
when producing their own educational multimedia projects for a
specific course
May perform and display their own projects in the course for
which they were created
May retain them in their own portfolios as examples of their
academic work for later personal uses such as job and school
interviews.
Educators


May incorporate portions of lawfully acquired copyrighted works
when producing educational multimedia projects to support
their teaching needs.
May present their projects
 in face to face instruction
 when assigned to students for directed self study and for
remote instruction (with limitations)
Limitations
Time
Portion
Copying
Distribution
Text Material
Up to 10% or 1,000 words, whichever is less, of a
single copyrighted work of text
For the purposes of teaching, a single copy of any of
the following can legally be used:

A chapter from a book

An article from a newspaper or periodical

A short story, short essay, or short poem, whether
or not from a collected work

A chart, graph, diagram, drawing, cartoon, or
picture from a book, periodical or newspaper
Multiple Copies
Multiple copies may be made by teachers of any
of the following:

Poems or excerpts of poems less than 250
words

Complete articles, stories or essays of less
than 2500 words words or 10% of the work,
whichever is less

One chart, graph, drawing, etc. per book or
periodical issue

Excerpts of children’s books containing up to
10% of the works in text

Prose excerpts of less than 1000 words
Text Material Poems
An entire poem of less than 250 words

No more than 3 poems by one poet

No more than 5 poems by different poets from
any single anthology
In poems of greater length

Up to 250 words

No more than 3 excerpts by a single poet

No more than 5 excerpts by different poets
from any single anthology
Music Lyrics and
Music Video
Up to 10%
No more than 30 seconds of music and
lyrics from a single musical work
Any alterations to a musical work, shall
not change the basic melody or the
fundamental character of the work
Illustrations and Photographs
Reproduction or incorporation of photographs and
illustrations is more difficult to find with regard to fair
use because fair use usually precludes the use of an
entire work

A photograph or illustration may be used in its
entirety

No more than 5 images by an artist or a
photographer

Not more than 10% or 15 images, whichever is less,
from a single published and collected work
Downloading from the Internet

Caution is advised in using digital material
downloaded from the Internet
– Internet access does not automatically mean
that works can be reproduced and reused
without permission or license
– Some copyrighted works may have been
posted to the Internet without authorization
of the copyright holder
Common Copyright Misconceptions:
If something doesn’t have a copyright
symbol, it is not copyrighted
Copyright laws apply only to text
If you change the media of the original
image, then--for example, if you draw a
copy of an image--you do not need to
obtain rights to use the image
If you do not publish the altered image,
sell it, or display it publicly, you’re ok
Copyright does not exist internationally
Miscellaneous Information
Much material available on the web is covered by
copyright. You must acknowledge it
For commercial users, get permission
Make assumption that permission has not been
received for anything on the web
Its not necessary to have a copyright statement
on the page in order for materials to be covered
by copyright
Closed circuit showings are automatically
considered public performance and require a
license
Material taped off television or cable TV may not
be shown at any time
Full Text of the Fair Use
Guidelines are available at
http://www.libraries.psu.edu/avs/fairuse/default.html
http://www.sju.edu/~lees/FU-contents.html
Check out this Web Site for more information
http://jkoester1.home.mindspring.com/copyright.htm