Permission Granted for Educational Use
Copyright & Technology:
Helping Students and Teachers
Understand the Issues
Tony Jongejan
Instructional Technology
Western Washington University
http://it.wce.wwu.edu/jongejan/presentations.html
Content
• Examine copyright law
– common media (e.g., music, video, and software)
– an educator’s perspective
• Explore resources for students
– activities that you can use/share
– for discussing copyright
• The Future and Copyright
http://it.wce.wwu.edu/jongejan/presentations.html
Scenario #1
While you are at NECC you set your VCR to
record Dancing with the Stars so that you can
watch the latest episode when you get home.
(L)egal, (I)llegal or is (M)ore information required?
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Presentation Outline
• Copyright and students
• Brief history of copyright
• An interactive activity based on copyright
scenarios
• A look at web-based copyright resources
• Activities for use with students
• What has technology done to copyright and
what might the future bring
• Question: Is current copyright law obsolete?
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Scenario #2
Students in Mr. Brockington's 5th grade class are
making 'State Reports.' He has them download the
required map from the Internet.
(L)egal, (I)llegal or is (M)ore information required?
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Disclaimers
• Best attempt to explain copyright law as we
understand it..
Lawyers … Lawyers …
Lawyers …
• Other people; other sites; other answers.
• Information/strategies will help you to familiarize
your students with the copyright issues.
http://it.wce.wwu.edu/jongejan/presentations.html
Scenerio #3
You record an excellent movie on the History of
Copyright on your VCR and show it to your classes
the next week.
(L)egal, (I)llegal or is (M)ore information required?
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What is Copyright?
Copyright refers to a set of laws and/or rules set
up to protect the intellectual property of others.
The easiest way to think of it is this:
Imagine you are an artist of some sort, and a complete stranger
took your creation (a song, painting, story, etc) and used it without
your permission to serve their own purposes. You worked very hard
on that creation, do you really want another person using it?
Copyright protects your ownership of anything you create so others
can’t use it for any purpose without your permission.
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What is covered?
Copyright covers any intellectual property
(e.g., Movies, Music, Art, Software)
Without going into the details, everyone knows that you shouldn’t copy
CDs for a friend, right? This is illegal due to copyright laws.
Copyright laws exist in most countries, but they are different depending on
where you are, so if you want more information, do as much research as
possible.
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Scenerio #4
You have a CD ROM music collection and
decide to burn your favorites onto a CD for
listening in your car.
(L)egal, (I)llegal or is (M)ore information required?
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Balance (tug) between
instructional use and copyright!
Holly Holy by
Neil Diamond
I Am Australian
by the Seekers
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FilmFest
Balance (tug) between
instructional use and copyright!
“ All films must meet copyright guidelines outlined
for YouTube. If the film would be de-posted at
YouTube it will not be eligible for this festival.
Guidelines can be found at
http://www.youtube.com/t/howto_copyright “
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Balance (tug) between
instructional use and copyright!
Fiona Hawthorne
http://www.fionahawthorne.com/CopyrightFreeImages/CopyrighFree.html
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Brief History of Copyright
--Or what is current copyright
law based
Source: Access Denied: The Limits of Fair Use
By Elliot Zaret
http://it.wce.wwu.edu/jongejan/presentations.html
History of Copyright
1600
1700
1800
1900
2000
Copyright
Law of 1976
Queen
Anne
Statute of
Anne
(1709)
first US
copyright law
(1790/1834)
U.S.
Constitution
Copyright
Case (1984)
concept of “fair
use” (1841)
Digital Millennium
Copyright Act (1998)
RIAA/mp3 (1999)
Napster (1999)
Teach Act (2003)
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History of Copyright
• Mid-16th century Queen Anne of England issued the Star
Chamber decree giving sole control of all printed works to a single
company. The idea, cemented through a series of 17th-century
acts, was that by controlling the licensing and distribution, the
crown could control the information itself. In short, the acts were a
tool for censorship.
• 1709: British parliament passed Statute of Anne granting
ownership to the author for a limited duration, after which the work
would become public. The temporary monopoly was intended to
give economic incentive to authors and to stimulate new writing.
Because of the restricted duration, however, authors could avoid
state censorship.
• The statute’s economic principles became the foundation for
modern copyright law.
http://it.wce.wwu.edu/jongejan/presentations.html
How Long Does Copyright Last
The time limitations were crucial to the founders
• Created on or after January 1, 1978, the duration of
copyright, for most works, is the life of the author plus
70 years. (Sonny Bono Copyright Term Extension
Act)
• Created Prior to January 1, 1978
28 years + a 47-year renewal and for practical
purposes should be considered to be 75 years.
http://it.wce.wwu.edu/jongejan/presentations.html
History of Copyright
• U.S. Constitution (Article 1, section 8) gave Congress the
right “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.”
• 1790: Congress passed first copyright law protecting
books, maps, and charts to 28 years. In 1831 amended the
law to include musical works and extended the term to 42
years.
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U.S. Constitution
• Balance between incentive to create and the control
of information
• “…to promote the Progress of Science and useful
Arts, by securing limited Times to Authors and
Inventors the exclusive Right to their respective
Writings and Discoveries.”
Article 1, section 8
U.S. Constitution
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History of Copyright
• 1841: U.S. Supreme Court first upheld the concept of “fair
use” addressing the free speech rights of the First
Amendment
• 1976: fair use added to the copyright statute
– A major rewrite of the act (reaction to Sony Betamax)
– Not definitive on the specifics of fair use
– Best judgment vs court cases
– Did not anticipate changes in next 25 years
http://it.wce.wwu.edu/jongejan/presentations.html
Fair Use
•
Copyright Act of 1976
•
Test of brevity of the material, the spontaneity, and
the cumulative effect of the creation
•
Factors to consider
1. Purpose and character of the use
2. Nature of the material
3. Amount of the portion used
4. Effect on the potential market
http://www.wwu.edu/publishingservices/copyright/copyrightservices.htm
http://it.wce.wwu.edu/jongejan/presentations.html
History of Copyright
• 1976-1984: Universal Studios & Disney sued Sony for
copyright infringement with Betamax
– Supreme Court in 5-4 decision for Sony (introduced “time shifting”)
Digital copying vs analog copying
• 1999: Recording Industry Association of America (RIAA)
vs Diamond Multi-Media’s Rio (first MP3 player)
– Ninth Court of Appeals agreed with Diamond MultiMedia
– Introduced the concept of “space shifting”
– Not for computers
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History of Copyright
• June 1999: Napster and “peer to peer” (P2P) copying
– December: RIAA sued for 100 million
– July: company shut down
• Adding copy protection vs fair use
• 1998: Congress enacted the Digital Millennium Copyright Act
– Illegal to circumvent copy protection schemes
• DVDs and copy protection -- an agreed to standard and “the beat
goes on”
• The TEACH Act for distance delivery (2002)
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A set of exceptions to
copyright laws
Enacted in the Copyright Act of
1976.
Protects journalists, educators and
satirists from lawsuits
Wikipedia and the terms ‘Fair Use’
http://en.wikipedia.org/wiki/Fair_use
http://it.wce.wwu.edu/jongejan/presentations.html
Factors covered by Fair Use
1. Purpose and character of the use
Why are you using this material?
2. Nature of the material
In what form are you using the material?
3. Amount of the portion used
How much of the original work are you using?
4. Effect on the potential market
Does your use hurt the original owner financially?
http://it.wce.wwu.edu/jongejan/presentations.html
Fair Use for Educators
The Fair Use law is purposely vague, so it can be
decided by the courts on a case-by-case basis.
For this reason, interpretation, and therefore
responsibility is left to the individual/institution
using the copyrighted material.
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Fair Use for Educators
Here are 3 tests to help you along the way:
1. Brevity (Amount)
 Use only as much of the material as you need.
 Use the material only once
2. Spontaneity
 If you don’t have the time to request permission from the owner
after the original creation date, see #1
3. Cumulative effect
 Use only what supports your instructional goal.
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Fair Use Links on the Web
Copyright Law of the United States of America
and Related Laws Contained in Title 17 of the
United States Code – Fair Use
•http://www.copyright.gov/fls/fl102.html
•http://chillingeffects.org/fairuse/
•http://www.copyrightwebsite.com/Info/Law/FairUse.aspx
•http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/
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Copyright Guidelines
for Administrators
•Hall Davidson
•Part One (pdf):
–Copyright Primer for Administrators
–Five Steps to Avoiding Copyright Problems
–Quick Quiz
•Part Two (pdf):
–Chart: Copyright Guidelines for Administrators
•http://www.techlearning.com/copyrightguide/index.php
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Comments from Students
What will they do? Will I get arrested?
They make so much money -- they will never
miss it.
Napster: I am enhancing the value!
I bought it! Why can’t I do what I want?
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It Can Happen To You!
1. Downloaders face the music as record industry sues
Paying $750 for Duran Duran's "Girls on Film"? That's what
some Washingtonians accused of illegally downloading
music have been forced to fork over for a stolen track.
Seattle PI
2. 15 WWU students face possibility of lawsuits
Fifteen Western Washington University students will face
lawsuits for illegally downloading music if they don’t
accept settlement offers from the RIAA
Bellingham Herald
3. Music Theft on 19 Campuses Targeted in Wave of
RIAA Pre-Lawsuit Letters
Recording Industry Association of America (RIAA)
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Consider
• Students do not understand …..
– copyright law (or value it) and…..
– its impact on the creative work of an individual or……
– the individual’s ability to continue the creative process.
• Technology is making it easier and easier to
duplicate copyrighted work
• Technology is changing how copyrighted work is paid
for and distributed.
http://it.wce.wwu.edu/jongejan/presentations.html
Alternate Approaches
• Create a list of websites with ‘Free’ resources
(e.g., sample)
• Web 2.0 Image Websites (e.g., Flickr)
• Purchase Royalty Free Content for
Classroom Use (Samples below)
– The SMART Learning Marketplace
– FTC Publishing SoundPak
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Copyright Basics for Kids
Copyright by Cyberbee
http://www.cyberbee.com/copyrt.html
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Strategies
School Setting
– Do Learn
– Do Teach
– Do Model
– Do Set Requirements/Rules
– Don’t lecture
Home Setting
My experience is that we need to lay out the issues and laws
and then let students decide for themselves the impact that it
will have on them and how they behave.
http://it.wce.wwu.edu/jongejan/presentations.html
An interactive activity based on
copyright scenarios
http://it.wce.wwu.edu/jongejan/presentations.html
An Interactive Activity
Copyright Lesson:
Basic Instructional
Technology Skills
Created by Jason Myers,
WWU/IT graduate student
Jeopordy
http://it.wce.wwu.edu/344/copyright/default.html
http://it.wce.wwu.edu/jongejan/presentations.html
Other Interactive Activities
• Ethics in Computer Use:
Copyright Scenarios
• The Educator's Guide to
Copyright and Fair Use Quiz
by Hall Davidson
• Copyright and Ethical
Issues: Avoiding the
http://www.biomedcentral.com/openaccess/inquiry/myths/?myth=copyright
Copyright Police by Harvey
Barnett
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Web-based Copyright Resources
http://it.wce.wwu.edu/jongejan/presentations.html
http://www.copyrightkids.org/
Copyright Kids
http://it.wce.wwu.edu/jongejan/presentations.html
Web Resources
http://www.benedict.com/
WebQuests
•The Copyright WebQuest by Miguel Guhlin
•Music and Copyright WebQuest
•Copyright WebQuest
Multimedia Copyright Guidelines for Students
Copyright Guidelines for Student Multimedia Projects
http://www.hazelwood.k12.mo.us/~jdarnell/webq
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Other Resources
• Captain Copyright (Canadian)
• PBS TeacherSource: Copyright
Educational Multimedia Guidelines. Proposal for Fair
Use Guidelines for Educational Multimedia
• Recording Industry Association of America
(RIAA)
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Teacher Resources
Kathy Schrock's Guide for Educators
Ready Reference & Copyright
ISTE On-Line: Copyright Articles
Learning and Leading with Technology
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Copyright Guidelines for
Administrators
• Hall Davidson
• Part One (pdf):
– Copyright Primer for Administrators
– Five Steps to Avoiding Copyright Problems
– Quick Quiz
• Part Two (pdf):
– Chart: Copyright Guidelines for Administrators
• http://www.techlearning.com/copyrightguide/index.php
http://it.wce.wwu.edu/jongejan/presentations.html
Five Steps to Avoiding
Copyright Problems
1. Create and implement a technology policy that
includes a code of ethics and set of procedures.
2. Review the entire policy with your educational
community: students, teachers, and parents.
3. Appoint a technology manager to conduct audits and
maintain a log of licenses and registration materials.
4. Teach ethical and legal behavior for technology use.
5. Thank employees and students for supporting these
steps.
Hall Davidson
http://it.wce.wwu.edu/jongejan/presentations.html
Other Resources
• The UT System Crash Course in Copyright
– Online presentations: Talks tailored to the audience's copyright concerns for faculty, students, staff, librarians, artists, administrators.
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
• Copyright in the Electronic Environment (Students)
– Students have rights of fair use under Copyright Law. Section 107 of the
Copyright Law includes ... Students are Both Users and Creators of
Copyright Works .
http://www.utsystem.edu/ogc/intellectualproperty/student.htm
• Right to Copy? By Stephanie Gold
Article from TechLearning; January 15, 2006 online
http://it.wce.wwu.edu/jongejan/presentations.html
Other Resources
• IvyRun
– PowerPoint for training sessions for teachers
http://www.ivyrun.com/education/resources/copyright.htm
• Creative Commons
– An alternative look at approaches to creative work.
http://creativecommons.org/
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What has technology done to
copyright and
what might the future bring?
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10 Years Ago
Late Late Show with Craig Ferguson
Web 2.0
Text messaging
Picture with cell phone
Blackberry
Flash Drive
Cell phone with …
iPhone
PDA
(Palm Pilot)
iPod nano (mp3)
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Distribution
• Journals: On the Web or pdf
• Music: CD to Downloading (e.g., iTunes)
• Video: DVD to Downloading (e.g., iTunes)
• Software: CD to Downloading
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Consider the question:
Is current copyright law obsolete?
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Final Thoughts
• My experience is that we need to lay out the issues and
laws and then let students decide for themselves the
impact that it will have on them and how they behave.
• They are shepherds of future creative work and would
benefit from considering those issues.
• It is my hope that you leave this session with some tools
to begin discussing these issues with your students.
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Contact Information
• Email: tony.jongejan@wwu.edu
• Website:
http://it.wce.wwu.edu/jongejan/presentations.html
• Snail-Mail:
Tony Jongejan
204 Miller Hall; MS 9087
Western Washington University
Bellingham, WA 98225-9087
http://it.wce.wwu.edu/jongejan/presentations.html
Websites
• Copyright Lesson: Basic Instructional
Technology Skills Created by Jason Myers
• Access Denied: The Limits of Fair Use
By Elliot Zaret
• WWU Publishing Services
• Right to Copy? By Stephanie Gold
Article from TechLearning; January 15, 2006 online
http://it.wce.wwu.edu/jongejan/presentations.html
Web Sites
• http://www.techlearning.com/story/showArticl
e.jhtml?articleID=175802920
• http://www.dcbar.org/for_lawyers/washington
_lawyer/february_2003/access.cfm
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The End
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