Copyright and
Fair Use
How does copyright and fair use
apply to teachers?
Copyright – History Lesson
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Dates back to English common law
Only trained monks were permitted to copy
– an early form of copyright enforcement
First U.S. law signed in 1789
It’s nothing new – it’s been around a while
Source: Waxer, 2006
What is Copyright?
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Legal concept enacted by most national
governments
Gives the creator of an original work
exclusive rights
Usually for a limited period of time
Source: Waxer, 2006
Six rights that a copyright
holder owns  Reproduction
 Public
 Adaptation
 Digital
 Distribution
 Public
Performance
Display
Transmission of
Sound
Recordings
Source: Waxer, 2006
Reproduction
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Copies do not need to be exact to be
considered reproductions
If a drawing is recognizable, it is a
reproduction
Changing the format is also considered
copying
Source: Simpson, 2005
Adaptation
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Changing a work in some way
Some artists very protective; others
consider it flattery
Examples:
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Picture book into play
Student modifies artwork to create a new piece
of art
Writing new words to a song
Source: Simpson, 2007
Distribution
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Passing out something copied is
considered distribution
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Newsletters
Showing videos
Sharing software
Worksheets
Forwarding e-mail
Publishing student work on the Internet
Source: Simpson, 2005
Public Performance & Display
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Creator holds all rights to public
performances and displays
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Classroom and school is considered public
PTA, Scout Meetings considered public
Ok to show in privacy of your home
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Family, friends and relatives – as long as the
group is kept small
Source: Simpson, 2005
Digital transmissions of sound
recordings
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Licensing fees paid to the creator for the
right to play sound recordings over the
airways
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Developed because users can easily copy
high quality audio files from the radio
Source: Simpson, 2005
What is copyrighted?
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Literary works
Musical works
Dramatic works
Pantomimes
Choreographic works
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Pictures & graphics
Sculptures
Motion pictures
Audio visual works
Sound recordings
Source: Waxer, 2006
How long is material copyrighted?
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Life of author plus 70 years
If two authors, life plus 70 of the longest
lived author
If corporate authorship (ex: films) – 95
years from publish date or 120 years from
creation date
Source: Waxer, 2006
How long is material copyrighted?
Not Copyrighted
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Created and
published before
1923
Copyrighted
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Created before 1923
and not published varies
Created between
1923 & 1978 – varies
Created after 1997
Source: Waxer, 2006
What’s not copyrighted?
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Facts
Government works
Public domain
Short phrases, terms and titles
Works with non-protected material like
phone directories, recipes, measurement
charts, plain calendars
Source: Simpson, 2005
Fair Use
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Allows limited use of copyrighted materials
under certain circumstances
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Protects the rights of the creator while
allowing legitimate use of copyrighted
materials for education and research
purposes
Source: Simpson, 2005
Fair Use Exemptions
 Criticism
 Teaching
 Comment
 Scholarship
 News
 Research
Reporting
It does not mean that teachers can copy
and distribute anything they want!
Source: Simpson, 2005
Four Tests of Fair Use
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Is it non-profit or educational?
Is it factual?
The amount that is used – less is better
The effect of use on the potential market –
are you preventing him from making a
profit?
Source: Simpson, 2005
The Copy Machine
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(Thou can’s)
You can make one copy from a book, newspaper, graph, cartoon,
etc. and keep it in a file for use in teaching.
You can read it to the class, make a transparency or post it on the
bulletin board.
You can make copies (one for each student) and use it one
year/semester for one course.
You can copy current articles, cartoons, charts, graphs from
magazines or newspapers.
You can copy anything you have permission for.
Source: Simpson, 2005
The Copy Machine
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(Thou shall not’s)
The department head, curriculum specialist or principal
cannot make copies to give to every teacher in the grade
level.
You cannot make copies and use them for multiple
courses or years.
You cannot copy books (even picture books)
You cannot copy from multiple issues to
create a booklet or anthology.
You cannot copy workbooks or other
consumable books
Source: Simpson, 2005
Graphics/Artwork
(Thou can’s)
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You may use clip art from Microsoft Word if you
own it
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You may use clip art from a source you have
purchased (ex: ArtExplosion)
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You may use clip art or graphics from a service
you or your district has subscribed to (ex: United
Streaming)
Source: Simpson, 2005
Graphics/Artwork
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(Thou
shall not’s)
You cannot art modify, enlarge or convert to
another medium.
You cannot combine characters from
different sources to form new art.
You cannot copy a cartoon and replace the
words with new words.
Source: Simpson, 2005
Movies and Videos
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(Thou can’s)
You can show videos or CDs owned by the school library…
You may use a work that was purchased by a teacher or
student…
You may use a copy borrowed from the library or the Region 4
media library…
You may use a rented video…
You can use a video from United Streaming
As long as it is directly related
to a topic your are teaching
Source: Simpson, 2005
Movies and Videos
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(Thou can’s)
Is it nonprofit educational?
Is it in the classroom or other instructional place?
Are the students all from the same class?
Do you have a legal copy?
Is it part of your curriculum?
If you can answer YES to
every question, you can.
Source: Simpson, 2005
Movies and Videos
(Thou
shall not's)
You cannot show videos for
reward, recreation or
entertainment.
(Violation of public performance rights)
Source: Simpson, 2005
Digital Resources
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Multimedia combines music, graphics, data and text
in a digital format.
Since the media used in the production is owned by
the creator, guidelines were created to permit use.
Educator Use for
Curriculum-Based Instruction
Source: Simpson, 2005
Digital Resources Guidelines
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Music, Lyrics and Music Videos
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Illustrations or Photographs
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Up to 10% - no more than 30 seconds
No more than 5 images from one artist
No more than 10% or 15 images from one
collection
Motion Media
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Up to 10% or 3 minutes
Source: Simpson, 2005
Digital Resources Guidelines continued…
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Text Material
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Multimedia Project
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Up to 10% or 1,000 words
3 poems per poet
5 poems from different poets from an anthology
No more than 2 copies may be made
Numerical Data Set
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Up to 10% or 2,500 fields/cells from a database
Source: Simpson, 2005
Digital Resources Guidelines continued…
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Teachers may show their own multimedia projects
at conferences and workshops
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But…. you can only use it for two years
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Then you must get permission for each component
2 copies only
All copyrighted components must be acknowledged
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Within the presentation (shorthand reference)
Works cited (at the end of presentation)
Source: Simpson, 2005
Digital Resources Guidelines continued…
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Teachers may show student work . . .
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If limited to only students enrolled in class
Some kind of security prevents access by other
students
Source: Simpson, 2005
Digital Resources Guidelines continued…
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Students may keep their work indefinitely
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2 copies only
All copyrighted components must be
acknowledged
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Within the presentation (shorthand reference)
Works cited (at the end of presentation)
Source: Simpson, 2005
But…it doesn’t have that little ©!
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In the U.S., almost everything created
privately and publicly after April 1, 1989 is
copyrighted and protected whether it has
notice or not.
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Assume everything is copyrighted.
But…I cited the source!
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Just giving credit to the author or owner
does not protect you from copyright law
violation.
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Exception – if you have a licensing
agreement with an author, publication, or
company
But . . . it’s on the Internet!
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Everything on the Internet is subject to
copyright laws.
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Even if it is free, you cannot use it without
permisson.
But…I don’t charge for it!
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You are still violating copyright laws if you
are giving it away.
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You may not be making a profit, but you are
preventing someone else from making a
profit.
But…I’ll never get caught!
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(1998) LA Unified School District
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(2004) Garland, Texas
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Unauthorized copies of Adobe Photoshop and Microsoft Word
Fine: $5,300,000
Teacher copied entire TAKs workbook for students
Fine: settled out of court (large fine – amount undisclosed)
(2007) Fort Worth, Texas
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Administrator made multiple pages from a book and handed
them out to faculty
Fine: Had to pay for 300 copies of book + $15,000
Source: Simpson, 2007
Review
Click on the attached hyperlink to view a
10-minute video on Fair Use
http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale
Source: Faddin, 2007
Quiztime
Click on the attached to take a quiz on Fair
Use and Copyright in Elementary Schools
http://www.quia.com/pop/197847.html
Quiz created by Cindy Coker in Quia http://www.quia.com/web
It’s
the right thing to do
It’s the legal thing to do
Sources
Copyright Law and Fair Use. Retrieved January 17, 2008, from Stanford University
Libraries/Academic Information Resources Web site: http://stanford.edu/cpyright.html
Faddin, Eric. (2007) A Fair(y) Use Tale. Retrieved January 28, 2008, from Stanford Law School – The
Center for Internet and Society Website: http://cyberlaw.stanford.edu/documentary-filmprogram/film/a-fair-y-use-tale
Simpson, Carol (2007). Copyright Incidents Database. Retrieved January 28, 2008, from School of
Library Information Science Web site: http://www.carolsimpson.com
Simpson, Carol (2005). Copyright for schools - a practical guide. Worthington, Ohio: Linworth
Publishing, Inc..
Waxer, Barbara M. and Baum, Marsha L (2006). Internet Surf and Turf - Revealed: The Essential
Guide to Copyright, Fair Use, and Finding Media. Boston, Massachusetts: Thomson Course
Technology.