Copyright or CopyWrong:

Issues for the K-12

Classroom Amanda Clay Powers| Associate Professor | Coordinator of Research Services

Mississippi State University Libraries | apowers@library.msstate.edu | @amandaclay

● To empower you to feel confident in your choices when navigating Copyright and Fair Use issues byo Understanding the purpose of Copyrighto Knowing when situations fall under Fair Use

● To find online materials you can useo Free and open accesso Search engines that work for you

Goals for today

I am not a lawyer

Purpose of Copyright● To ensure that authors are paid● To promote learning and the

dissemination of knowledge● To manage the financial interests of

rights holders● To ensure that the heirs of rights

holders can continue to benefit from creative works

What Copyright Protects...

Copyright protects:

● Writing

● Choreography

● Music

● Visual art

● Film

● Architectural works

Doesn’t protect…

● Ideas

● Facts

● Titles

● Data

● Patents

Copyright 101● Protection is automatic once a work is

fixed

● Very little creative originality is necessary

● Registration is not necessary

Who is the Copyright Holder?●The creator is usually the copyright

holder.

●If two or more people create a work, they are joint copyright holders, with equal rights.

●With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer.

Length of Copyrights ● The bundle of copyrights lasts a long

time:● Life of the author plus 70 years● Joint works: 70 years after death of last

author● For works for hire or anonymous works,

95 years from publication or 120 years from creation, whichever expires first.

Benefits of Copyright● Benefits the public by making creative

works available

● Understands that creators stand on the shoulder of giants

● Creates economic markets for works

● Is flexible

● Loves non-profit libraries and schools

ALA Copyright Tools

http://www.ala.org/advocacy/copyright-tools

Fair Use

Fair Use

● Section 107, codified with the Copyright Act of 1976

● Determined on a case by case basis

● Requires one to think and make a judgment

● You may never know for sure that a use of a copyright is fair or not

Your Liability● Unlikely that a teacher or librarian would

be taken to court, but still could happen

● Section 504(c)(2) limits statutory damages for alleged infringers who work at a non-profit, educational institutions

● 11th Amendment : State/state agencies can’t be sued for dollar damages by the federal government

Measuring Fair Use

1.Purpose and Character of use o Why do you want to use a copyright?

o Is the original work being transformed by adding new expression or meaning?

o Was value added to the original by creating new information, new aesthetics, new insights, and understandings?

Purpose & Character of Use

Measuring Fair Use

2. Nature of Publicationo What is the material that you’re using?

o Is it Factual or Fictional?

o Published or Unpublished?

Measuring Fair Use

3. Amount & Substantiality of Portion Taken

o Amount: Less is more (except in parody)

Usually 10% rule

o Substantiality: Heart of a work or peripheral?

Measuring Fair Use

4. Effect of Use on the Potential Marketo Does your use deprive the copyright owner of

income?

o Does it undermine a new or potential market for the copyrighted work?

Fair Use Guidelines● Motion Media: Up to

10 percent or 3 minutes, whichever is less, of a single copyrighted motion media work.

Fair Use Guidelines● Text Material: Up to 10 percent or

1,000 words, whichever is less, of a single copyrighted work of text.

Fair Use Guidelines● Poems: An entire poem of less than

250 words, but no more than three poems by one poet or five poems by different poets from a single anthology. In longer poems, the 250-word limit still applies, plus no more than three excerpts by one poet or five excerpts by different poets from a single anthology may be used.

Fair Use Guidelines● Music, Lyrics and Music Video: Up to 10

percent, but no more than 30 seconds of music and lyrics from a single musical work. Any alterations of a musical work shall not change the basic melody or the fundamental character of the work.

Copyright Exception

Section 110 : allows teachers to display or perform works in the face-to-face classroom and in the digital or distance education classroom via digital networks

Real Life Scenarios

Scenarios

Q: If I find it on the web, it’s free to use, right?

Scenarios

Q: If I find it on the web, it’s free to use, right?

No. All of the copyright concepts apply to electronic and printed materials. Remember that it is not necessary to post a copyright notice for the author to have rights, even on the web.

ScenariosQ: A teacher wants to give a class a copy of the Canterbury Tales to use for class. Will that break copyright?

ScenariosQ: A teacher wants to give a class a copy of the Canterbury Tales to use for class. Will that break copyright?

A: Depends on annotations and new copyright. The actual Canterbury Tales is in the Public Doman, but you need to be careful of any editions/ translations and such.

ScenariosQ: A teacher wants to use a YouTube copy of a TV show that was not uploaded by the studio. Naturally you will not use a bootleg DVD, but you do want to use this YouTube video.

ScenariosQ: A teacher wants to use a YouTube copy of a TV show that was not uploaded by the studio. Naturally you will not use a bootleg DVD, but you do want to use this YouTube video.

A: Buy the video. If that is not a possibility, you can use the video in class, but do not post it online. This would fall under fair use.

ScenariosQ: Can you make a photocopy and handout of a poem that is in the Public Domain, but is in a copy that is still protected under copyright?

ScenariosQ: Can you make a photocopy and handout of a poem that is in the Public Domain, but is in a copy that is still protected under copyright?

A: Yes, you can. As long as the poem is in the PD, you are safe.

ScenariosQ: Since we don't have enough textbooks for every student, our principal says it's fine to scan one of the books (or at least the seven or so chapters that we plan to use). Is this legal?

ScenariosQ: Since we don't have enough textbooks for every student, our principal says it's fine to scan one of the books (or at least the seven or so chapters that we plan to use). Is this legal?

No. Maybe your school doesn't have enough money to purchase a textbook for every student. But, alas, it's still an infringement to copy a large portion of a textbook.

ScenariosQ: Can teachers download Web images for their PowerPoint presentations without worrying about breaking the law?

ScenariosQ: Can teachers download Web images for their PowerPoint presentations without worrying about breaking the law?

A: Yes, they can. Section 110(1) of the copyright law allows teachers and pupils to make copies for public display in the classroom for teaching purposes. The images must be used strictly for nonprofit, educational purposes in the face-to-face classroom.

ScenariosQ: Is it fine to show a portion of a video labeled for "Home Use Only" in the classroom?

ScenariosQ: Is it fine to show a portion of a video labeled for "Home Use Only" in the classroom?

A: "The following [is not an] infringement of copyright: performance or display of a work by instructors or pupils in the course of face-to-face teaching activities…" (Section 110[1], Title 17).

Sources

Creative Commons

6 Common CC: Licenses

Notable CC Works Works and Educational Resources with Creative Commons licenses

http://en.wikipedia.org/wiki/List_of_notable_Creative_Commons_licensed_works

Google Image

Flickr

YouTube

Other media sitesFotopedia Wikimedia Commons Compfight Pixabay Edupic Pics4Learning

Thank you

Based on Nickoal Eichmann’s presentation, Adapted from ALATechSource | Carrie Russell’s “Copyright for K-12 Librarians & Educators” (2013) and from materials provided by Rachel Cannady, Scholarly Resources Librarian at UTSA