“The statutory privilege extended to creators of works that are fixed in a tangible medium of expression.”
(Bruwelheide, 1995)

 Respect intellectual rights of creators of information
 Reward creativity of authors, artists, musicians, etc.
 Legal mandate
 Model proper behavior for students, teachers, and other members of educational community

6.
The student will access and use information from a variety of sources.
6.6.3 Create a list of sources that contains information (including author, title, and full publication details) necessary to properly credit and document the work of others.
Same indicator through 8 th grade.

6.
The student will access and use information from a variety of sources.
E1-6.3 Use a standardized system of documentation (including a list of sources with full publication information and the use of in-text citations) to properly credit the work of others.
Same indicator through 12 th grade.

st
1.
Inquire, think critically, and gain knowledge
1.3.1 Respect copyright/intellectual property rights of creators and producers.
1.3.3 Follow ethical and legal guidelines in gathering and using information.
1.3.5 Use information technology responsibly.
Standards for the 21 st -Century Learner. (2008) Chicago, IL: American Association of School Librarians.
Available online at http://www.ala.org/aasl/standards

st
3.
Share knowledge and participate ethically and productively as members of our democratic society.
3.1.6 Use information and technology ethically and responsibly.
Standards for the 21 st -Century Learner. (2008) Chicago, IL: American Association of School Librarians.
Available online at http://www.ala.org/aasl/standards

st
4. Pursue personal and aesthetic growth.
4.3.4 Practice safe and ethical behaviors in personal electronic communication and interaction.
Standards for the 21 st -Century Learner. (2008) Chicago, IL: American Association of School Librarians.
Available online at http://www.ala.org/aasl/standards

5. Digital Citizenship a.
b.
Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior.
Students:
Advocate and practice safe, legal, and responsible use of information and technology.
Exhibit a positive attitude toward using technology that supports collaboration, learning, and productivity.
National Educational Technology Standards for Students: The Next Generation.
. (2007) Washington, D.C.: International Society for Technology in
Education. Available online at http://www.iste.org/Content/NavigationMenu/NETS/For_Students/NETS_S.htm

5. Digital Citizenship c.
d.
Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior.
Students:
Demonstrate personal responsibility for lifelong learning.
Exhibit leadership for digital citizenship.
National Educational Technology Standards for Students: The Next Generation.
. (2007) Washington, D.C.: International Society for Technology in
Education. Available online at http://www.iste.org/Content/NavigationMenu/NETS/For_Students/NETS_S.htm

 Up to $250,000 per infringement
 Software infringement considered a felony

 Classroom Teachers
 Library Media Specialists
 Principals
 Curriculum Coordinators
 Superintendents
 Boards of Education

•
•
Contributory
(Library Media Specialists)
– Checked out equipment
– Checked out resources
Vicarious
(Library Media Specialists, Administrators, Others)
– Knew of infringement but did not report it

•
•
•
•
Called “Innocent Infringement”
Occurs when infringer was unaware that material was copyrighted
No excuse if work properly displays copyright © notice
Since 1976 all works considered copyright protected

 Education Exemption but…
 Not free license to copy anything you want
 Cannot copy in place of purchasing
 Cannot copy in anticipation of a request
 Allows for spontaneity of use

 Does not allow use of commercial videos for re-enforcement, entertainment, or reward without paying public performance rights fees in advance

 One chapter from a book
 One article from periodical or newspaper
 Short story, short essay, short poem
 Chart, graph, diagram, drawing, cartoon, or picture from book, periodical, or newspaper


Copy “to create or to replace or to substitute for anthologies, compilations, or collective works.”
 Copy from consumable products
 Copy to substitute for purchasing resources
 Copy at direction of superior, i.e. principal
 Copy same item each semester

 only one copy of each item per student is made (classroom set)
 each item copied is for classroom discussion
 each copy includes a notice of copyright
 each item meets the three tests for copying...

 Brevity
 Spontaneity
 Cumulative effect

 Cannot be used for reward or entertainment
 Free Friday
 During testing
 Rainy-day Recess
 Field Day

 Must be used as part of face-to-face instruction
 Must be documented in lesson plans , showing how the video supports goals and objectives of lesson plan
 Must be a true and legal copy

 Can be rented from video rental store or public library
 Borrowed from a student
 Owned by the classroom teacher
 Purchased by the school

 Must be used as part of face-toface instruction
 Must be documented in lesson plans
 Must support goals and objectives of lesson plan
 Must be a true and legal copy


“Off-air” recording refers to programs received with antenna

Ten-day Fair Use Guidelines apply

Recording may be used once as part of teaching activities

All premium channels (received with cable or satellite) are restricted – no recording rights


Recording must be shown during first 10 school days after recording is made. Tape may be retained for
45 calendar days.

After the 45-day retention period, the recording must be erased.

Recording may be made only at request of and used by individual teachers.


Recording may not be made in
anticipation of a request by individual teachers

Recording must include copyright notice on the broadcast program as recorded

 Consider any program on regular networks, e.g. ABC, CBS, NBC to be restricted clearance – no taping rights
 Encourage use of Cable-in-the-
Classroom, ITV programming, or
StreamlineSC


Consider the educational value of any video

Preview all videos before use

Videos should not be used as crowd-control devices

 Single User
 Lab packs
 Network license
 Site license

•Don’t copy that floppy, CD-ROM,
DVD!
•Don’t install singleuser license on more than one workstation

 Moving Images: Video, DVD
 Still Images: Graphics, Scanned images, Photos, Other Pictures
 Music: Tapes, CDs, MP3s
 Computer Software
 Internet

 Students may use copyrighted works in multimedia projects.
 Students may perform and display multimedia projects for academic assignments.
 Students may include their multimedia projects in electronic portfolios for assessment purposes.
 STUDENTS MUST DOCUMENT
WORKS USED!!!!

 Faculty may incorporate copyrighted works into multimedia creations to create curriculum materials.
 Faculty may demonstrate multimedia creations at professional conferences and retain for professional portfolios.
 Time limit on fair use is 2 years from completion of work.

 Invest in clip art, music, video clips created especially for multimedia projects because they are copyright free.
 Use royalty-free images, music, etc., available on Web

 Unless specifically stated, everything is copyright protected
 Fair Use guidelines apply
 May not take print, images, etc., from
Internet sites and re-post on Internet site
 May post on a protected school/district intranet
 May include links to other sites under
“implied public access”


Motion images - up to 10% or 3 minutes - whichever is less

Text - up to 10% or 1000 words whichever is less

Music - up to 10% or 30 seconds, whichever is less


Photos and images - up to 5 works from one author; up to 10% or 15 works, whichever is less, from a collection

Database information - up to 10% or 2500 fields or cell entries, whichever is less

 The Library Media Specialist is not the
"copyright police"!
 The Principal is ultimately responsible for copyright compliance in the school.
 The Principal should facilitate establishing a copyright policy for the school.
 The library media specialist is there to offer assistance to faculty/staff to facilitate copyright compliance.
 An annual copyright in-service should be conducted for faculty/staff.


Everyone should notify principal of known infractions

Can't know everything - But…

Can show that you are complying to the best of your ability

Redundant communication

Request for Videotape Broadcast
Name of Video:_______________________________________________________________________
Date to be broadcast: ____________________________ Blocks 1 2 3 4
Teacher: _____________________________________
Date of Request: _______________________________
Telephone Ext. ___________________
Room Number: ___________________
REMINDER: Each request must be received in the Library Media Center at least 24 hours prior to the broadcast time. We must have your request before 4 th
block in order to have the tapes ready for broadcast. No tape will be broadcast on the school-wide distribution system or on individual videocassette recorders unless all information is complete on this form.
VIDEOTAPE SOURCE:
______ PROPERTY OF ANYWHERE HIGH SCHOOL Catalog #_______________
______ PERSONAL COPY
This tape was purchased by/for me, and is a legally acquired copy of this program. I am lending this program to ANYWHERE High School as part of the educational program with the understanding that the program will be used for instructional purposes only. I release the staff and students at RVHS from liability for damages that may occur to my tape.
______ COMMERCIAL COPY
As a representative of _______________________________________ I grant permission to the teacher listed above to use this videotape at ANYWHERE High School. The tape will be used only for instruction and will not be altered in any way. Neither AHS nor the teacher will charge any fees to any person to view the tape listed above. The teacher named above will be singly responsible for any damage or fees incurred in the use of the above-described tapes.
Store Representative’s signature__________________________________ Date:______________
______ OFF-AIR RECORDING
This tape was recorded off-air by ______________________________. I understand that this tape may only be used for ten (1) consecutive school days following the recording and may be used only once in relevant teaching activities. I also understand that between the eleventh (11 th
) and forty-fifth (45 th
) days this tape may be used for teacher evaluation only. It will not be shown to students during this period unless permission has been received from the copyright owner. I made
_____copies of this recording. This/these recording(s) will be erased/destroyed no later than the forty-fifth (45 th
) day indicated below.
Date of off-air recording: _______________________________
The 10 th
Channel ______________
consecutive date after recording date is: _______________________________________
The 45 th
day after the recording date is: ______________________________________________
Date:
FOR LIBRARY MEDIA CENTER USE ONLY:
Approved:

Notice: The copyright law of the United
States (Title 17 U.S. Code) governs the making of photocopies or other reproductions of copyrighted material.
The person using this equipment is liable for any infringement.