Department of Professional & Staff Development
Career Tech and Special Education
Digital Copyright for 21st Century
Citizenship
Presented by Barry S. Britt
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?
Legally
Purchased
Illegal
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COPYRIGHT CASE
During the 2005–2006 school year, a large
and affluent school district with large media
programs for the students running their own
cable station, was insistent that they were
operating within the guidelines of “Fair Use,”
using only portions of songs, not for profit.
COPYRIGHT CASE (CONT.)
The district personnel did not understand the
proper meaning of “Fair Use,” and were
forced to explain their actions to authorities.
Although sure that their “Fair Use”
explanation would hold up, the district was
cited in 38 various law suits totaling over $30
million. Upon further research, the authorities
also discovered peer-to-peer sharing of illegal
music files among students, and filed
separate lawsuits against the parents of guilty
students. One girl had shared over 5,000
illegal downloads, and her current fine is at $3
million.
FAIR USE GUIDELINES
Important Points
• Relevant to course content
• Used for face to face instruction on a
closed network
• No duplication for distribution
• Credit/ cite the copyright holder
• One-time use
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“If you are having to talk about Fair
Use, then you’re already in trouble.”
- Michael Brown,
NY Copyright Attorney

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What about FREE MUSIC?
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Free? Really? Read the fine print.
Conditions to qualify
2(a)
•
Subject to your full compliance with the terms of this paragraph 2 (a) and full execution of a ___ license, ___grants free master recording and
synchronization rights, to the entire ____ Music Library, excluding Sound Effects, when ___ music is used in program content, which is included in
and limited to a U.S. broadcast on any National U.S. TV Network or Cable Broadcast, as well as later rebroadcasts of the same within the U.S. The TV
Network or Cable Channel must hold a current valid ASCAP, BMI and SESAC annual .Blanket. license (as more fully described below). (This free use
EXCLUDES local-only TV, regional-only TV, public and community access TV, closed circuit TV, web broadcasts, advertising commercials or promos,
infomercials, radio broadcast use, and any TV broadcast outside the U.S. These uses require a paid ____ sync and master license.) The ASCAP, BMI or
SESAC license must be a current "Blanket License. to qualify for free master recording and synchronization rights. For the purposes of this agreement,
a blanket license (.Blanket License.) shall be defined in the same terms and conditions that are required by the performing rights societies in the
United States. These licenses include a general license from a particular performing right society which allows a broadcaster the right to use the
society.s entire catalog and obligates that broadcaster to pay fees and file cue for its programming. For the purposes of this agreement, blanket
licenses shall not include so called .interim. licenses or other conditional licenses. Complete show music cue sheets must be timely filed in accordance
with the terms and conditions of ASCAP/BMI/SESAC´s license agreement for any ___ music used in broadcast programming content under FPM's
Terms Of Use. In the event such license agreement does not require the filing of cue sheets on a regular basis, cue sheets must be filed on no less
than a calendar-quarterly basis. Simultaneous copies of all music cue sheets containing any FPM Music must be sent to FPM either via e mail
(Cuesheets@Freeplaymusic.com) or by fax ___in order for you to qualify for free synchronization of ___ music. Failure to either file the cue sheets or
to simultaneously send copies of such cue sheets to ____ shall void this agreement. Such termination shall render the use of the FPM music
actionable as acts of infringement under and subject to the remedies provided in the Copyright Act.
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What about
Creative Commons?
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Multiple Licensing Scenarios
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“Every person who writes a document
published on the internet, who creates a
graphic or icon, who scans his own
photograph or records his own voice into
a digital file, who sends an electronic mail
message, who creates a document for a
newsgroup, or who designs a web page
owns the copyright to his creative work.”
- Carol Simpson, “Copyright for Schools”
Soundz Professional & Staff Development and Career Tech for students
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Teachers
Creators
Students
Copyright Holders
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In this digital day-and-age, the bigger
concern is now branding, privacy, safety
and security in addition to copyright.
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Media Permission and Ethics
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Does It Matter?
Over the last 10 years, we have seen a startling number
of students who have left high school with no
knowledge of media permissions, a vague
understanding of copyright and incorrect information
regarding Fair Use. Next, these students enter college
or the workforce bringing major lawsuits on
themselves, their schools or companies because they
were not properly instructed. This does, in fact, affect
our workforce and economy.
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Legal
Ethics
L. E. O.
Economy
Ownership
Workforce
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What Should We Do?
1.
Use licensed products approved for K-12
2.
Ask for permission
3.
Know the requirements to qualify as Fair
Use - USE FOR DIRECT TEACHING.
4.
Always document usage in your lesson
plan.
5.
Have a regional, district, school wide, or
even classroom copyright policy statement
to which all users must agree.
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.com
An Educator’s Testimony
In my experience, one of the most ignored words in public education is “Copyright”. In my early years as an educator, there were few
who ignored copyright more than I did. I even rationalized my behavior with the phrase, “It’s for the kids… So sue me!” Fortunately, I
no one sued, however, I have learned the error of my ways and I owe it all to the Internet. That is to say, the Internet is how I was
caught!
To help illustrate my education concerning the seriousness of copyright, I will share two personal stories.
Alex, I will take “Who owns this game show” for 100 please.
Years ago while looking for ways to use PowerPoint in the classroom beyond the basic lecture; I discovered a PowerPoint Jeopardy
game complete with the theme song and a picture of Alex Trebek on a professor’s web site at a state university. After securing the
professor’s permission to use and post his PowerPoint file on my class website, I thought I was in good standing. Six months later, I
received a cease and desist email an attorney who represented Sony Corporation for violation of several copyright laws. These were
the use of the Jeopardy theme song, the picture of Alex Trebek and the game’s concept. The lesson learned… Asking permission to use
something is not enough; you need to be sure you ask all the potential owners.
However, I do have a license
A few years later one of my assigned duties was webmaster for the district; this also made me the defacto copyright police. One spring
morning my phone rang, on the other end was an attorney who was threatening the District with a lawsuit for copyright infringement.
The violation was a parent’s video recording of a 6th grade band concert. In this particular violation, a parent recorded the school band
concert and gave a digital copy of the concert to the band teacher who uploaded the video to his school website.
Now most of us know that your school or district pays a public performance license for their concerts. What I surprisingly learned
during the phone call was this simple upload required two additional licenses. The District needed one license to record the video of
the concert and a second to include the audio in synchronization. After 90 minutes on the phone and some very fast-talking, the call
ended, with the agreement, the video would be taken off line and there would be no lawsuit.
For those reading this and thinking, “I would have just asked to buy a license.” I did try that and the attorney declined the sale.
Therefore, it does prove it is not always best to ask forgiveness than permission.
Today with the proliferation of the internet in classrooms, home and cell phones, it becomes imperative that we know and abide by
copyright laws. The best way to do this is find one or several vendors who have traversed the turbulent waters of copyright and can
guarantee rights to post content on the web, use in public, and synchronize to video etc… The cost of their efforts is far less than what
you will pay the attorney.
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