Can I Use That? Intellectual
Property Rights and Following
Copyright Laws
IBEA 2012
Sandra O’Brien
Disclaimer
I am not a lawyer.
This presentation should not be
considered legal advice.
All cited authorities should be
verified and updated.
Always consult your counsel and
applicable state and federal law.
How Do I Use The Videos?
http://www.youtube.com/schools
http://www.convertfiles.com/
Part I: Why Should You Care?
http://www.youtube.com/watch
?v=OP9U_mslaWU
http://www.snopes.com/music/
songs/birthday.asp
Why Should You Care?
What are Intellectual Property
Rights?
How do copyright laws pertain to
education?
Does it really affect me?
Does it really affect my students?
How can I teach my students?
Which Side Are You On?
 http://www.youtube.com/watch?v=4ja
6LF8QYp4&feature=relmfu
 http://www.youtube.com/watch?v=blW
Lip8nl0E&feature=related
 http://www.youtube.com/watch?v=Ajy
dSxL6dsc&feature=related
Why Should Students Care?
http://www.youtube.com/watch?v=
cQzbY7FB98k&feature=related
Copyright Criminals TV Show
http://www.youtube.com/watch?v=I
sS7F5H2VpM&feature=related
Great Curriculum Sites
 http://www.teachingcopyright.org/
 http://www.stfrancis.edu/content/cid/copyrightba
y/
 http://www.copyrightkids.org/
 http://www.loc.gov/teachers/copyrightmystery/#
 http://www.cyberbee.com/cb_copyright.swf
Creative Commons
http://creativecommons.org/
Copyright Lawsuit Sites
 http://hnn.us/articles/590.html
 http://www.legalzoom.com/intellectualproperty-rights/copyrights/2-live-crewweird-al
 http://www.thecrimson.com/article/2003/
7/11/harvard-takes-back-hornstineadmission-offer/
 http://www.wired.com/threatlevel/2011/0
5/human-flesh-copyright/
Great Reference Sites
 http://www.benedict.com/
 http://www.law.cornell.edu/uscode/text/17/110
 http://www.nolo.com/legalencyclopedia/videotape-classroom-copyrightlaw-29958.html
 http://school.discoveryeducation.com/schrockgui
de/referenc.html
 http://www.ala.org/advocacy/copyright/
 http://copyright.cornell.edu/resources/publicdom
ain.cfm
 http://copyright.lib.utexas.edu/
 http://creativecommons.org/
 http://copyrightfriendly.wikispaces.com/
Government Website for Copyright
http://www.copyright.gov/
http://www.copyright.gov/help/
faq/
Student Reference Handouts 1
 http://kathyschrock.net/pdf/copyright_schro
ck.pdf
 http://kathyschrock.net/planting/fairuse.pdf
What Options Do I Have?
 http://www.freeplaymusic.com/
 http://www.soundzabound.com/
 http://filmclipsonline.com/
 http://www.aea10.k12.ia.us/media/electro
nic.html
 http://www.techlearning.com/Default.asp
x?tabid=67&EntryId=596
 http://www.seabreezecomputers.com/tips
/freemusic.htm
Reference Handout #2
1. Brevity: how much you
can copy
2. Spontaneity: how many
times you can copy
3. Relevance: how are you
going to use it
Copyright and Fair Use
Guidelines for Educators
Reference Handout 3
Teacher Use Scenarios
True. The law allows the
1. A student snaps in half a CDarchival copies, and, in
ROM the teacher really needed
some cases, lost, stolen,
for her next class. The teacher
or damaged originals
decides to make a back-up copy
may be replaced with
of all her crucial disks so it
copies if the originals are
never happens again. This is
unavailable or
permissible.
unreasonably priced.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
False.
As long as
one copy
2.
A technology
coordinator
is not being
used
installs
the one
copy of a
simultaneously,
it’s OK
to
Photoshop
the school
owns
distribute
software
on
a centralthe
server
so via
the server. However, when
students are able to access it
districts or schools fail to
from
their
classroom
monitor and enforce
workstations.
This
is
a
simultaneous use, they get
violation
of copyright law.
in trouble.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
3. A school has a site license for
False.
Alas,
the
teacher
version 3.3 of a multimedia program.
bought
product
thatofisn’t
A teacherabuys
five copies
version
backwards-compatible
4.0, which is more powerful, and
and
should
complain
the
installs them
on five to
workstations
in
the computer lab. It’s
But now
when
manufacturer.
likely
the
students
at these
workstations
law
would
deem
it reasonable
create
a project
andthe
bring
it back to
to
install
3.3 in
new
their classrooms, the computers
machines (after removing
(running 3.3) won’t read the work!
4.0)
until
the
issue
is
To end the chaos, it’s permissible to
resolved.
install 4.0 on all machines.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
False. Just as with a print
4. A geography teacher has
encyclopedia, one student at
more students and
a time has access to a piece
computers
than
software.
He
of software. The number of
uses a CD
burner
to make
students
who
can use
a
several copies
of a copyright
software
program
interactive CD-ROM
so each
simulataneously
is restricted
to
the number
of an
copies
the
student
can use
individual
school
copy inowns.
class. This if fair use.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
False.
Educators
may
use
5.
A student
film
buff
“legitimately
acquired”
downloads a new release
material without asking
from
a
Taiwanese
Web
site
permission, but many fileto
use for
a are
humanities
sharing
sites
suspect in this
area. UseAs
common
sense
project.
long as
the to
determine
if
those
peer-to-peer
student gives credit to the
resources are legitimate or
sties
from
which
he’s
pirated. You can also check
downloaded
material,
copyright ownership
at this is
www.loc.gov
or www.mpa.org.
covered
under
fair use.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
6.
A teacher
gets clip
art
False.
Legitimately
acquired
material
be popular
used in
and
musiccan
from
classrooms.sites,
However,
file-sharing
then under
the current
law, plan
no teacher
creates
a lesson
and
can
redistribute
such
posts it on the school web
material over the Net or any
site to share with other
other medium. You can use
teachers.
This
is
it, but you can’t spread it
permissible.
around.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
7.
A teacher
makes a
False.
The current
guidelines exclude
the
compilation
of movie
creation
of
video
clips from various VHS
compilations. However,
tapes
to
use
in
his
FilmClipsOnline.com offers
film clips foras
free.
E-mail
classroom
lesson
Michael
Rhodes
at
starters. This is covered
imrhodes@msn.com.
under fair use.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
True. You may use the images
in
and post
such
8.projects
A number
of students
images on the Web. Some
takelike
digital
pictures
sites,
Disneyland
and of
architectual
landmarks,
local streets
and may
be
considered
copyright
businesses for their web
material, however, and might
project.
These the
areimage.
ask
you to remove
People
(not selectively
permissible
to post
chosen) in public places are as
online.
a rule OK in photographs.*
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
9 Last year, a school’s science
False.
Fair
use
allows
fair multimedia CD-ROM was
educational
use of
so
popular everyone
wanted
materials,
acopyright
copy of it. Everything
in it
true,
but under
it does
only
was
copied
fairso
use
guidelines.
if there isThe
noschool
decided
to sell copies
of the
anticipation
of wider
CD-ROM
to
recover
the
costs
distribution.
of reproduction. This fair use.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
False. The permission to
use this
picturescans
was given
10.
A teacher
a
to
the textbook
publisher.
picture
of the Mona
Lisa
Only if the teacher had
from her textbook and
taken the picture herself
allows
the
students
to
would she be able to give
use
it in a digital
the students
permission to
use
it in aThis
digital
project.
project.
is fair
use.
U.S. Copyright Act of 1976
False. Analysis of this activity
11.
A
teacher
wants
his
would conclude that the market
students
to read
chapter
is
directly affected
by a
this
activity.
Students
who would
out of a
book that
is not
otherwise be expected to
their regular
textbook.
The
purchase
the book
no longer need
to
and the scans
publisher
is deprived
teacher
the
chapter,
of sales. An alterative approach
savesbeittoas
a .pdf,
and posts
would
place
an
appropriately
purchased
it on his website
forcopy of
the book on reserve in the library
students
to
access.
This
is
or ask students to purchase the
fair use.
book.
http://blog.lib.umn.edu/copyinfor/scenarios/cat_teaching.html
True. Since the new
12. A last minute addition to a
textbook has been ordered
teacher’s class means that one
this situation falls under
student does not have a
the condition of
textbook. A textbook is
spontaneity. There is no
ordered and the teacher
intent to prevent the author
makes copies of the chapters
from receiving
that will be covered before the
compensation for the work
book arrives. This is fair use.
so this is permissible.
U.S. Copyright Act of 1976
13. Students in a French III
False. There shall be no
course are required to purchase a
copying
of
or
from
works
workbook for use in the class.
intended
be afford to
One
student to
cannot
“consumable”
in the
purchase
the workbook
so the
course
of one
study
or of
teacher
asks
student
to
borrow
her workbook so she can
teaching.
make copies of the pages. Since
she is only coping one workbook
it is fair use.
U.S. Copyright Act of 1976
False. Video (like everything
14.
On
Back-to-School
night,
else) is not covered under fair
an
school offers
useelementary
for entertainment
or
child
careThe
foruse
students’
reward.
described is
younger
siblings.
Theyand
put
entertainment,
purse
simple.
Disney
the
kids However,
in the library
andwill
sell you
a one-time
license
for
show
them
Disney VHS
tapes
$25 that
thisThis
legal
bought
bymakes
the PTA.
isuse.
Call Disney at (818) 560-1000,
permissible.
ask for “Rights.”
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
True. A television show that is recorded
16. An
entrepreneurship
class
during
broadcast
to the general public
is
generally permissible
for of
viewing
watches
an episode
“Thein
the classroom. The program should be
Apprentice”
theafter
teacher
shown
in the firstthat
10 days
the
recording
andat
limited
number
of copies
recorded
home
to give
may be made. After the 10 days are
them
done
thebackground
recording couldinformation
be used for
evaluation
purposes
after 45 days
for use in
their but
own
the recording must be destroyed. A
Apprentice-like
purchased
copy of thecompetition.
video must be
obtained
order
to continue use. The
This is in
fair
use.
continued use is fair use as long as
relevance can be shown.
http://www.nolo.com/legal-encyclopedia/videotape-classroom-copyright-law-29958.html
17.
A
history
class
videotapes
a
True. That’s the other
Holocaust survivor who lives in
side of fair use. Just as
the community. The students
you
can
use
other
digitally compress the interview,
people’s
intellectual
and,
with the
interviewee’s
property for
permission,
posteducational
it on the web.
purposes
without
Another
school
discovers the
interview
onlineso
andcan
usesyour
it in
permission,
their
Day project. This is
ownHistory
be used.
fair use.
http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/2002TechLearningArticle.pdf
Summary
Men at Work Copyright Infringement
 http://www.youtube.com/watch?v=jCyB2l5wqLE
 http://www.youtube.com/watch?v=h9Usj3FacnM&featur
e=fvwrel