THE EDUCATOR’S KEY TO COPYRIGHT &
FAIR USE IN THE SCHOOL
What you really need
to know…
What is copyright?
&
How does it affect
educators?
Prepared by Kelly Bottenfield
February 17, 2013
LSC 5545 Access & Legal Issues
Mansfield University
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WHAT IS COPYRIGHT?
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U.S. Copyright is a federal law – Title 17, United States
Code, Public Law 94-553, 90 Stat. 2541
According to Copyright Basics from the United States
Copyright Office, “Copyright is a form of protection
provided by the laws of the United States (Title 17, U. S.
Code) to the authors of “original works of authorship”,
including literary, dramatic, musical, artistic, and certain
other intellectual works.”
Put simply, copyright grants authors/creators/
composers ownership and protection of their creative
works.
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RIGHTS OF A COPYRIGHT OWNER
Once a creation or work is in a “fixed tangible
form”, it is protected by copyright law.
 Copyright owner has 6 rights
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1)
2)
3)
4)
5)
6)
Reproduction
Adaptation
Distribution
Public performance
Pubic display
Digital transmission of sound recordings
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WHY IS COPYRIGHT IMPORTANT?
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Protects the author or creator
Promotes creativity & invention
Rewards the author or creator
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By receiving credit or recognition
By gaining profit or royalties
Encourage works to be available to the public
Facilitate access & use of copyrighted work in the public
Not only does copyright affect the creator --- it affects
YOU – the educator and your students!
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COMMON MISCONCEPTIONS ABOUT COPYRIGHT
Misconception #1: Schools can use any copyright
protected materials they wish because they are
schools.
 Misconception #2: Using materials is okay if you
don’t make a profit.
 Misconception #3: Promoting someone’s work by
distributing copies is justification for free use.
 Misconception #4: Using materials “for the good
of kids” absolves one of the copyright liability.
(Simpson 35-36)
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FAIR USE EXCEPTIONS
“Copyright law provides several instances in which
reproduction of copyright items are permissible”
(Simpson 35).
 These instances are referred to as “Fair Use
Exceptions”
 Some of these exceptions apply to everyone and
some apply to non-profit schools and libraries
 These exceptions to copyright holders’ rights were
designed to help advancement of knowledge and
scholarship (Simpson 35)
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THE FAIR USE ASSESSMENT
Four factors create the acronym PANE
 Purpose:
Is the purpose or character of use for a non-profit
educational use?
 Amount:
How does the amount of copyright material compare to
the whole? How much do you plan on using? Less is better
 Nature:
What is the nature of the material you want to use? Is it
factual or creative? Is it published or non published?
 Effect:
What is the effect of the material on market value? Does
the use of the material deprive owner of sales or effect other items
the owner may develop?
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GUIDELINES
Various guidelines have been developed over the
years to help with fair use.
 Provide specific limits to what is acceptable to use
 Two considerations
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Type of material will be determining factor when
deciding on fair use (what is okay with one medium is not
always okay with another)
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Situation will also be a determining factor on fair use
(when, where, and why these materials will be used – is not
always the same in each situation)
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GUIDELINES FOR PRINT MATERIALS
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Limitations
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For purposes of teaching or research, a teacher may make a single copy of
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Copying shall not be used to create, replace, or substitute for anthologies
No copying from works that are intended to be consumables
Copying shall not: substitute for the purchase of a book, publishers’ reprints or
periodicals, be directed by higher authority, or be repeated by the same teacher
term to term
a chapter from a book,
an article from a periodical or newspaper,
a short story, short essay, or short poem,
a chart, graph, diagram, drawing, cartoon,
a picture from a book, periodical, or newspaper
For purposes of multiple copies for student use in the classroom,
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An instructor may make one per student (no more)
Copies of material must be used in classroom instruction or discussion
Each copy must include a notice of copyright
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PRINT GUIDELINES CONTINUED
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Brevity
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Spontaneity
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Poetry 250 - words or less
Article, short story, or essay if 2,500 words or less can be copied entirely
An excerpt from longer works (Novels, plays, or letters that are more than 2,500 words) – 10% of
the work or 1,000 words (whichever is less)
Only 2 pages from an Illustrated picture book can be copied as long as the text on those 2 pages
do not make more than 10% of the entire book’s text
One chart, graph, drawing, cartoon, diagram, or picture may be copied per book or periodical
individual teacher must make the decision to use material (the instance and inspiration must
come from the individual teacher)
the decision to use the material in instruction is so close in time that it would be unreasonable to
get permission).
Cumulative Effect
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Copying must be done per students for only one course
Use no more than 2 works from the same author during one term
Three or less items from a collection or periodical during one term
No more than 9 instances of multiple copying can occur per course for one class term
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PRINT MATERIAL FAIR USE EXAMPLE
The elementary guidance counselor kicks off an Anti-Bully program at
school. She finds a great resource on bullying on the internet that would be
great for 4th-6th grade teachers. The resource includes a reproducible article
on bullying as well as comprehension questions and puzzle activities
related to the article. She emails the teachers to tell them about this great
resource . She offers a suggestion to use it in class to support the school
wide Anti-Bullying program and offers the link to the website in case they
would like to preview it.
One of the teachers previews the website and decides to use it in class the
next day. She has 18 students in class so she makes exactly 18 copies of
the article, comprehension questions, and one of the puzzle activities. A
copyright of notice was included on all copies. Her students are just
finishing up a reading unit on finding common ground and the article on
bullying was a great resource to complement the unit.
Does this pass the test? Was Fair Use applied?
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GUIDELINES FOR AUDIOVISUAL DVD/VIDEO
IN THE SCHOOLS
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5 factors for Acceptable use of DVD/ Video
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Use must be for nonprofit educational use
Use must be shown in classroom/ instructional setting
Use must be for the students & teachers in a regularly scheduled
class
Use must be from a legally acquired copy
Use of material must be for direct teaching & material presenting
must be related to a lesson from curriculum
Any negative responses to these factors would mean that fair
use would not be acceptable and a public performance
license would be needed
Caution: use of DVD/Videos is not acceptable or intended
for babysitting, extra-curricular activities, or rewards
For use of video in multimedia projects, up to 10% or 3
minutes (whichever is less) is acceptable fair use
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EXAMPLE OF AUDIOVISUAL DVD/VIDEO FAIR USE
As part of Science unit on
simple machines, a fifth
grade teacher decides to
complement the curriculum
by using a DVD of Bill Nye the
Science Guy’s Simple
Machines. The teacher
borrows a legally obtained
copy from the school library
and shows it during Science
class with his students.
Use the 5 Yes/ No Factors – Questions
Was this an acceptable use
based on the Audiovisual
guidelines?
1)
Used for a non-profit educational
institution? Yes
2)
Shown only to students and
teachers in a regularly scheduled
class? Yes
3)
Showing took place in a classroom
or instructional setting? Yes
4)
Was a legally acquired copy? Yes
5)
Used for direct teaching (face-toface) and material use in presenting
a lesson on your curriculum? Yes
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GUIDELINES FOR RECORDED MUSIC
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A single copy of recordings or performances by students may only be used
for evaluation or rehearsal and kept by the school or individual teacher
A single copy of a sound recording of copyrighted music (as long as it is
legally owned by school or individual teacher) may be used for constructing
“aural exercises” or examinations. This derivative recording may be
retained by school or teacher.
10% or up to 30 seconds (or less) of a legally acquired song recording may
be used for multimedia presentations by students or teachers
Educators may use entire song if it is related to curriculum and legally
acquired
Broadcasting recorded music requires a license – license depends on
situation
The same 5 yes/ no factors - questions that apply to audiovisual
DVD/Videos can used with recorded music
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FAIR USE EXAMPLE – RECORDED MUSIC
A student in a technology
application class is working on a
movie video assignment. He
wants to use a popular song in
his movie. Because he legally
owned a copy of the song, he
thought he could use as much of
the song as he’d like. After
reviewing his teacher ‘s notes
about copyright with recorded
music in multimedia projects, the
student decided to only use the
first 20 minute s of the song for
opening screen shots and credits
in the beginning.
Did he do the right thing?
Check it with the guidelines:
30 seconds or less was used
It was a legally acquired song
nonprofit educational setting
instructional classroom
Assignment for a curriculum
related lesson
Regularly scheduled class
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GUIDELINES FOR DIGITAL IMAGES
No more than 5 images from a single artist or
photographer can be used at a time
 No more than 10% or 15 images can be used If images
are taken from a single collective work
 Use of copyrighted materials should accompany notice
that states that copyright materials were used under
the fair use exemptions of US copyright law
 When using digital images, documentation of the
source is needed
 Used for direct instruction & may only be retained by
teacher for 2 years – after 2 years permission is
needed
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FAIR USE EXAMPLE – DIGITAL IMAGES
An art teacher is preparing a crosscurricular writing assignment for her
sixth grade art class. She is designing
a PowerPoint presentation to teach her
students about the author as part of
her unit. Throughout the presentation,
the teacher incorporates 3 images
from this particular artist. At the end
of the slide presentation, she places a
digital image of Christina’s World for
the students to see. She correctly
documents the image as well as
placed a notice of copyright in the
presentation. Students are then given
a writing assignment based on the art
work.
Let’s check it out using the digital image
guidelines:
 The teacher only used 3 images form
one artist (no more than 5 allowed
form one artist)
 She documented the images correctly
 Used for direct instruction
 She included a notice of copyright
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The only caution here is that she may
only use the digital images for 2 years.
After that she would need to seek
further permission from copyright
holder to use images or stop using
them. She could also attain a legal
copy (poster) for classroom for this
assignment.
Was the use of the digital image
acceptable?
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GUIDELINES COMPUTER SOFTWARE
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Can only be installed on one computer unless you have a multi-user license
With multi-user licenses, the number of users and/or machines must not
exceed the number of licenses
School purchased software can only be installed on one school computer and
may not be installed on home computers (even if home computer is used for
school work)
Single use software may not be uploaded or installed on network
Networking software is not covered under fair use law – it usually requires a
license agreement with the seller (good idea to have this in writing for records)
Libraries can lend software provided that a durable warning of copyright be
attached to package. Software that is borrowed from a library must be
uninstalled after use – you may not keep installed or let anyone else borrow and
allow then to install & use
Management Tips: maintain copyright & license records on all programs in
the building , retain written records of purchase orders for sit-licensing or
network licensing, and keep them in the same place
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FAIR USE EXAMPLE – COMPUTER SOFTWARE
A teacher purchases the
software program called Print
Workshop. She would like to
install it on her home
computer as well as her
school computer so that she
can use it at home and at
school. Upon reading the
software packaging she
realized that she could only
install the software on one
computer. She only installed
the program on her computer
at home.
The teacher made a good
choice in deciding to only
install it on one computer. Had
the teacher installed it on more
than one computer, she would
have been infringing on the
rights of the copyright owner.
Installing it on more than one
computer was reproducing
(making a copy) of the
software. This infringement
also has an effect on the
market value and loss of
financial gain for the copyright
holder.
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RESOURCES FOR EDUCATORS
Your Librarian – if you have any doubt ask for help
“Copyright Basics,” Copyright Basics. U.S. Copyright Office, n.d. Web. 13 Feb.
2013. <http://www.copyright.gov/circs/cir01.pdf>.
Creative Commons website: http://creativecommons.org
WORKS CITED
“Copyright Basics,” Copyright Basics. U.S. Copyright Office, n.d. Web.
13 Feb. 2013. <http://www.copyright.gov/circs/cir01.pdf>.
Simpson, Carol. Copyright for Schools: A Practical Guide, 5th ed. Santa
Barbara, CA: Linworth, 2010. Print.
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