COPYRIGHT FOR EDUCATORS
Jackie Pierson
WS/FC Schools
Program Manager
Library/Media Services
COPYRIGHT AND FAIR USE
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COPYRIGHT AND FAIR USE
All employees are expected to follow US Copyright
laws and guidelines.
Copyright Law is not new. Law originated in the 1860’s
and was updated in 1976 and updated again in 1998.
Current Congress is updating to address digital and
Internet issues.
(TEACH Act)
What does copyright protect?
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US Law protects the duplication,
performance, sale, and usage rights of
“authors of original works, including literary,
dramatic, musical, artistic, and certain other
intellectual works.” (Title 17, US Code).
*literary works *sound recordings
*musical works *pictorial and graphic works
*dramatic works *motion pictures and audiovisual
Copyright protects
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Protects ideas, creative works, publications
Encourages creativity
Protects an artist’s livelihood
Gives controls to authors/creators while
encouraging use of creative materials by
others
Fair Use is expanding to help educators.
Aren’t teachers exempt?
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Teachers may use certain materials under Fair Use
guidelines without written permission.
All other materials used must have the permission of the
copyright owner.
Fair Use addresses a ONE TIME use for instructional
purposes—further use requires written permission.
Teachers, administrators, and institutions can be sued for
copyright infringement.
Ignorance of the law is not a valid ‘excuse” in the even of a
dispute or lawsuit.
There are no copyright police, BUT anyone can report
violations to the FBI. (civil and criminal penalties)
What can I do?
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Students and teachers may:
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Use small amounts of copyrighted works and
credit source and/or copyright holder for
classroom activities. (See chart)
Show projects at conferences, open house,
classrooms—for two years
Keep for a portfolio
Create a hyperlink on a web page (as long as it is
set up to credit original material)
Chart for Fair Use Fair Use chart
Fair Use
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Only teachers in a CLASSROOM ( or
password protected online classroom) can
claim fair use of copyrighted materials.
Fair use is a ONE TIME exemption from
asking for permission to use.
Copyrighted materials must be part of an
instructional lesson.
Certain guidelines apply. See chart for Fair
Use Fair Use chart
Steps to take when planning
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When planning your lessons or creating a
multimedia presentation or web page, consider
copyright issues:
*If using something you did not write or create, check copyright
guidelines.
*Review Fair Use Guidelines.
*If it is not clear that it is “free to use,” write for permission to
use.
* Use items from Creative Commons.
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Refer to Fair Use guidelines chart.
Fair Use
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Fair use is a term used to authorize use of
copyrighted materials for INSTRUCTIONAL
PURPOSES ONLY.
Fair Use applies to all formats including videos,
graphics, and web elements.
Your media coordinator/librarian can assist you in
answering your copyright questions.
Fair Use Checklist
Fair Use Guidelines Chart
Fair Use
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All ideas and creations are copyrighted at time of
creation. All teachers teach this concept within the
SCOS Information Skills curriculum.
Fair use usually addresses a spontaneous, one-time
use of a copyrighted materials. Repeated uses need
further permission from the owner of copyright.
Student work is copyrighted. You may require
student’s permission to post/use. (Some teachers
send home “Intent to Post” letters at beginning of
school.)
Copyright Bay
Copyright Holder has rights to:
Reproduction (including dubbing of videos/
DVD’s/ sound recordings
 Alteration and adaptations
 Distribution and sale of product/work
 Performance
 Display
When in doubt, throw it out or ask for
permission
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Learn NC states:
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“Everything that you find on the Internet is
copyrighted, whether or not the copyright is
stated explicitly…as a rule of thumb, assume
that anything you or your students find on the
Internet is copyrighted.”
“When something is saved on a computer, it
has been created.”
Learn NC
Defining Distribution
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Posting items on a webpage constitutes
“distribution.”
Once you lose “control” of your
audience/classroom, fair use ends.
Making copies for an entire grade
level/department/school/school system
(without permission of copyright holder)
violates Fair Use distribution guidelines.
Specifics of Fair Use
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Short portions
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Text guidelines (See chart)
30 seconds of a song
5 images by one artist or photographer
15 images from a collective work
3 minutes of motion media or 10% (smallest
amount)
Specifics: Text
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See Fair Use Guidelines chart
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You may not read a copyrighted text onto an audiotape
(even if in an IEP or mentioned in a workshop) WITHOUT
PERMISSION. If a recorded version can be purchased, you
probably will not be granted permission. SOME situations
may be FAIR USE if only a small portion of the text is
recorded AND is part of an IEP.
Watch number of copies you make, percentage of entire
work you copy, and how often you use them
Cannot use from one semester to another WITHOUT
PERMISSION
Give credit when using even if it is fair use.
Specifics: Textbooks//Worksheets
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You cannot copy//scan consumable worksheets.
Check copyright statement on worksheet or in front
of workbook for limits on copying.
You do not have automatic rights to
worksheets/workbooks from prior textbook
adoptions.
Ask for permission to copy//scan.
Check copyright permissions in front of
books/resources designed to be used by teachers
for lesson planning. Liberal copying rights are
sometimes granted.
Textbooks/Ancillary Resources
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Teachers have rights to make copies only of/with
current adoption materials. Check with Program
Manager for past adoption materials (depends on
publisher).
Ancillary Resources (CD’s, blackline
masters,Teacher’s Editions, etc.) are to be used only
by teachers and copies cannot be made of the CD’s
themselves. (In other words, one CD per teacher
should be ordered.)
Specifics: Video
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Cannot dub or copy videos WITHOUT PERMISSION
Performance rights usually are NOT INCLUDED when videos
are rented. (Beware of Disney titles)
All videos MUST be used only for face to face instruction—
directly connected to SCOS objective (even if your school owns
it). Always preview.
Videos cannot be used for reward, babysitting, or
entertainment.
Purchase Movie Licensing license if showing a video for noninstructional purposes (PTA, after school programs, etc.).
Additional WSFCS School Board Policies apply for use of
Rated entertainment videos.
Video Policy Charts
Video Use in WSFCS Schools
Videos CAN be used in classrooms IF:
 They are part of a face-to-face lesson.
 They are part of a curriculum list from Central Office (none exist at the
elementary level at this time including AG).
 They are instructionally sound.
 They have performance rights (not purchased from Walmart).
 They have been added to the media center collection according to
Selection Policy Standards.
Our school board further limits the viewing of videos rated for entertainment.
Video Policy Charts
Video Use in WSFCS
Videos cannot be shown in after-school day
care programs, during PTA meetings, as
“rewards” for testing, or for “Fun Fridays”
unless the sponsoring organization
purchases a license for public performance.
http://www.movlic.com/
Includes various film producers including Disney, Hallmark (Sarah
Plain and Tall), Warner Bros., Dreamworks, etc.
Specifics: Student Work
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If a teacher or student uses copyrighted
material in a presentation/project, the
presentation cannot be duplicated without
permission of ALL copyright owners.
Multiple copies of CDs/videos made of
student performances must have mechanical
licenses. Go to Harry Fox/BMI/ASCAP
websites for details. One master copy can be
made for evaluation purposes.
Specifics: Television
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Television programs can be used “live” if connected
to the curriculum.
Follow Fair Use guidelines if using taped television
programs.
Cable in the Classroom states copyright allowances
for classroom use. Cable in the Classroom
Premium channels usually are NOT released for
classroom use. (HBO, Showtime)
PBS/ TNT also has special guidelines. Check web
sites for specific guidelines for network programs.
Specifics: Software
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You cannot copy software (unless free).
Check Terms of Use/licensing/copyright
When you unwrap software, you are agreeing to
licensing terms.
Do not load personal software on school computers.
Do not load school software on personal computers
UNLESS THE LICENSE grants permission.
Network licenses sometimes have limited number of
computers that may use software. Check licenses.
Specifics: Multimedia
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Publishing is publishing—whether in print or in electronic / web
form.
Multiple copies of presentations using copyrighted
music/graphics violates copyright law.
Special attention should be paid to graphics, video clips,
photographs, etc. as the webmaster may not own the copyright
to items posted on that webpage.
Even sites that offer “free” graphics may have limitations.
Check Terms of Use statements.
Animation factory is a good example. (some free/some must be
purchased) Animation Factory
The Internet is fluid—watch for changes.
Music
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Use sparingly—know fair use guidelines
Teach students fair use guidelines for projects. Students have
broader fair use of music FOR SCHOOL PROJECTS than
teachers.
Encourage students to create their own music for projects.
Monitored by companies
Use copyright free music for projects such as Soundzabound
CD’s or files from Creative Commons.
Playing CD’s in a public forum (school dances) sometimes
requires a “DJ” license.
Limitations to Fair Use
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As long as project stays inside the classroom, fair
use probably applies.
Once project leaves classroom, fair use guidelines
no longer apply. Distance education MAY be a
classroom if audience is “controlled.”
Do not include another web site within a frame of
your browser. User cannot determine proper URL.
This practice implies YOU created the content.
When including links, indicate the source.
Webpages
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When visiting/using a webpage, verify source for authority and
copyright/use statements.
If you are posting files/images/music/graphics to a webpage,
they must be copyright compliant.
If you want to use (copy) part of that webpage in your own
project or lesson, ASK FOR PERMISSION from webmaster (if
Terms of Use is not clear)
If you want to link to OPENING PAGE, it’s OK if you “set it up”
as someone else’s work.
Give credit where credit is due! Always cite sources of all
“copied” material! Get written permission if posting copyrighted
materials to a webpage.
Give Credit
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In multimedia projects, use statement at
beginning of project:
“This presentation was created following the
Fair Use guidelines for Educational
Multimedia. Certain materials are included
under the Fair Use exemption of the U.S.
Copyright Law. Further use of these
materials and this presentation is restricted.”
(Learn NC)
Give Credit Often
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In addition to the beginning Fair Use statement, add
bibliography/webliography at end of project.
Use citations in proper format. Citation Machine
When using copyrighted
images/photographs/illustrations, cite source ON
THE SLIDE in which the graphic is used.
When in doubt, cite source and permission
statement on slide/frame.
Permission is granted!
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Use webmaster e-mails.
Use standard letters—David Warlick’s Landmark
Project has sample forms.
Permission letters template
Document requests and replies for permission.
Use permission statements within presentation itself
such as “Graphic used by permission of copyright
holder.”
Technology is available.
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Just because it is easy to copy something, it
may not be ethical to copy it.
Technology has made so much available to
students and teachers.
Technology makes projects and
presentations exciting!
Plan, prepare, ask for permission, and enjoy!
Licensing agreements
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Schools both produce and utilize copyrighted
materials.
Licensing agreements outline use, reproduction, and
distribution of copyrighted materials.
Creative Commons allows liberal use of original
materials.
Databases, online journals, and subscription
services mandate passwords, number of users,
reproduction rights, etc. You may not post
passwords on your teacher webpage.
What can I use without permission?
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Materials you created
Materials used within fair use guidelines for a single
lesson plan
Items in public domain Project Guttenberg
Items in Creative Commons as designated by
license Creative Commons
http://www.unc.edu/~unclng/public-d.htm
http://www.pdinfo.com/ (music and reference books)
http://www.copyright.cornell.edu/training/Hirtle_Publi
c_Domain.htm
Creative Commons
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Search here for “copyright free” resources.
Examine license carefully and use
appropriately.
Place your creations here for “free.”
Some resources on this site may include
copyrighted materials used without
permission, so examine items carefully.
Creative Commons
Checking out public domain
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http://fairuse.stanford.edu/Copyright_and_Fai
r_Use_Overview/chapter8/
http://www.gutenberg.org/
http://copylaw.com/new_articles/PublicDomai
n.html
2019—new works will enter public domain
DE Streaming
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As long as license is current, you can use
and store/copy resources.
Must discard items if license runs out
Includes Copyright-free pictures (just include
citation under picture)
Video clips
DE Streaming
What about distance ed /online
courses?
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Check copyright of articles used from semester to semester.
You must be able to “control” or document your students by
class rolls, password protected websites, Blackboard “classes,”
etc.
Limit numbers of copies to class size or necessary copies. If
resources are available somewhere, simply refer students to
resources rather than make/post copies.
Limit e-mail attachments and web postings of copyrighted
materials.
Always cite sources completely.
Write for permission for anything that exceeds fair use (check
chart)
What about online courses?
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Require students to cite sources and require
bibliographies.
Remind them of honesty code.
Model correct copyright use.
WRITE FOR PERMISSION for items you know are
valuable to your course.
Under TEACH Act, fair use guidelines apply unless
permission is granted for extended portions.
Institution must meet certain criteria in order to fall
under TEACH Act guidelines.
Discussion Items
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Wikipedia and similar resources—check authority of
source and cross-reference facts.
Pictures and graphics are tricky. Use wisely.
Push for copyright policies to protect yourself.
Have school system clearly outline licensing
agreements.
If using within a password protected website, be sure
it is secure and copyrighted materials qualify.
Pleading ignorance will not hold up in a lawsuit.
Weblinks
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http://www.dpi.state.nc.us/copyright1.html
http://www.librarycopyright.net/
http://www.copyright.gov/
http://creativecommons.org
http://falcon.jmu.edu/~ramseyil/copy.htm
http://www.benedict.com/
http://www.cyberbee.com/copyrt.html
http://www.mpa.org/copyright_resource_center/churc
h_musician#q10
Weblinks
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http://www.respectcopyrights.org/content.html
http://fairuse.stanford.edu/
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http://www.techlearning.com/showArticle.php?articleID=55800210
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http://www.copyright.com/Services/copyrightoncampus/
http://www.menc.org/resources/view/copyright-center
(Copyright Center)
http://www.whatiscopyright.org/
http://www.lib.ncsu.edu/scc/tutorial/
http://www.ncsu.edu/copyright/
http://www.lib.ncsu.edu/scc/legislative/teachkit/
http://www.ncsu.edu/midlink/posting.html (permission
templates)
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Review of Copyright and Creative
Commons
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Administrator's Web Portal Copyright Review
Video
Copyright Review Video
Creative Commons Overview Video
Scenarios…Can a teacher…?
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…make 25 copies of a worksheet for my
students.
Yes, if master comes from a teacher resource/guide that grants
permission for classroom amounts.
Yes, if from a resource or past textbook adoption that has granted
this permission.
Check copyright statement in resource.
Yes, if master is from a current textbook adoption.
Can a teacher…?
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a recorded/taped television
program in the classroom?
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Yes, if it directly relates to current instruction.
Yes, if it is shown within 10 days of broadcast
Yes, if it is given longer copyright clearance by
Cable in the Classroom.
Yes, if it is not from a premium channel (HBO,
Showtime, paid movie channel, etc.)
Can a teacher…?
…tape
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a student performance?
Yes, one copy for evaluation purposes.
If multiple copies are made, performance must not contain
copyrighted music, words, choreography, etc. unless
recording license is obtained OR permission is granted for
multiple copies from ALL copyright holders.
Yes, as long as the tape (audio or video) is not distributed
further.
Can a teacher…?
post a student video or podcast on their
teacher webpage?
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- Yes, as long as it does not contain copyrighted
materials (image, music, dance steps, etc.)
- Yes, if it contains “copyright clear” materials,
those materials are properly cited.
Can a teacher…?
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play a CD of music in the classroom?
- Yes.
Can a teacher…?
…show
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a “Home Use Only” video in the classroom?
Yes, if it is directly related to current instruction.
Yes, if it is part of face-to-face instruction.
Yes, if it follows WSFCS Selection Policy for use in a
classroom.
Yes, if it follows WSFCS Selection Policy guidelines for
rated videos.
Yes, if a Movie Licensing license has been purchased if it
does not fall under the above guidelines.
Can a teacher…?
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graphics, photos, clip art, etc. on
his/her teacher webpage?
Yes, as long as they are copyright “clear” AND
are properly cited.
- Yes, if they are from Microsoft Office, they must
be cited.
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Questions??
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Jackie Pierson
Winston-Salem/Forsyth County Schools
336-727-2373 x 34227
jpierson@wsfcs.k12.nc.us