Copyright Consultant

Consultant Services by

Debbi

Available

Monday-Friday7:30 am – 4:30 pmCostFREE

What is Copyright?“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” (U.S. Copyright Office).

Copyright PurposeThe authors have rights to their

original works: • reproduction,• adaptation,• distribution,• public performance,• public display, and• digital transmission of sound

recordings (Simpson 2).

Fair UseAs educators, the copyright law gives you special exceptions as long as you apply the Four Factor Test (Simpson 4).

What are the Four Factors?

Factor 1: The purpose and character of the use, including whether such use is of a commercial nature, or is for nonprofit educational purposes;

Factor 2: The nature of the copyrighted work;

Factor 3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

Factor 4: The effect of the use upon the potential market for or value of the copyrighted work (qtd. in Simpson 35).

Four Factor Test

Favoring Fair Use

Disfavoring Fair Use

Factual

Part of a Work

Published

Nonprofit educational

Affects Profits

Whole Work

Creative

Transformative

Rote Copying

New Replaces Old

(Simpson 38)

Unpublished

Let’s give it a try!Scenario 1: An English teacher wants to use advertisements from magazines to illustrate propaganda techniques. She would like to make a copy of the ads for each student to add to their notebook. Does Fair Use grant permission?Factor 1: It is being used for nonprofit educational use.Factor 2: The ad is in a “published” magazine.Factor 3: Advertisements is plural. STOP! This teacher cannot make these copies. If she would make a single copy from the magazine, and then copy for her class, she could proceed to Factor 4.

Scenario 2: A Math teacher found a song written by a student on another district’s website. The song would help the students learn the steps for order of operations. Does Fair Use grant permission?Factor 1: It is being used for nonprofit educational use.Factor 2: The song is written by a student on another district’s website. STOP! This song is a creation of an unpublished author. The teacher would need to get permission from the school district.

PrintGuidelines

What can I copy?

• A single copy of…• Multiple copies for classroom use includes– a poem fewer than 250 words– a complete article less than 2500 words– 2 pages of a picture book– a single chart, graph, diagram, drawing, cartoon, or picture per book or magazine(Simpson 52-56).

Notice: This material may be protected by copyright law (Title 17 U.S. Code).

Print Examples

Stop! Please don’t copy an entire workbook. This affects the author’s profits. Workbooks are consumables.

Caution! If in doubt, ask permission.

Go for it! You may copy a class set (no extras) of the less than 2500 word article that you cut out of the newspaper.

Computer SoftwareGuidelines

Q and AQ: How may I use computer software?

A: Simple! Read and adhere to the license agreement!

Food for thought: “A revision of the law passed in 1992 brought software piracy to felony status, with fines up to $250,000 and up to five years in prison for systematic violations” (Simpson 151).

Computer Software Examples

Stop! Please do not bring a copy of a math game that you bought for your child at home and download it on your computer in your classroom. The license for the game is for single-use only!

Caution! Read the license agreement!

Go for it! You may download the test bank CD onto your classroom computer because the school district bought a license for multiple-computer use!

InternetGuidelines

Right click then paste?

At present, there aren’t any specific rules for the Web. Just because it is easy to copy, doesn’t mean you should! Use the print guidelines when applicable. Remember you can apply the Four Factor Test for the Internet too!

Internet Examples

Stop! Please do not forward an email from a colleague to your other contacts without permission from the sender. Emails are covered under copyright.

Caution! Apply the Four Factor Test.

Go for it! You can make a single copy of an article found online.

Audio Guidelines

5 yes/no Questions______1. Are you a non-profit educational institution?

______2. Will the showing be only for students and teachers in a regularly scheduled class?

______3. Will the showing take place in a classroom or other instructional place?

______4. Is the showing made from a legally-acquired copy of the work?

______5. Will the showing be used for direct teaching and of material use in presenting a lesson on your curriculum?

(Simpson 78)

Audio ExamplesStop! Please do not bring your personal iPad and play music for the 6th grade Social during Homecoming week. Questions 2,3, and 5 are answered No!

Caution! It’s simple, answer the 5 yes/no questions.

Go for it! You may play the song “Bridge Over Troubled Water” by Simon and Garfunkel for your class to show an example of refrain. All 5 questions are answered Yes!

VideoGuidelines

5 yes/no Questions______1. Are you a non-profit educational institution?

______2. Will the showing be only for students and teachers in a regularly scheduled class?

______3. Will the showing take place in a classroom or other instructional place?

______4. Is the showing made from a legally-acquired copy of the work?

______5. Will the showing be used for direct teaching and of material use in presenting a lesson on your curriculum?

(Simpson 78)

Video ExamplesStop! Please do not use the recording of a PBS documentary that was duplicated for all 5th grade Social Studies teachers. Questions 4 is answered No! It is illegal to make duplicate copies of a legally-acquired copy.

Caution! It’s simple, answer the 5 yes/no questions.

Go for it! You may show the movie, “Hatchet” to your 5th grade class after reading the novel, “Hatchet” by Gary Paulsen. All 5 questions are answered Yes!

What about Multimedia Projects?

• Standard Fair Use guidelines apply, consider the Four Factor Test

• All material used should be properly cited• Include only 30 seconds of copyrighted

music or 3 minutes of video for each project. If you need more, consider royalty-free materials. (Simpson 216)

Why bother following these guidelines?

Consider this question: Do you only drive the speed limit when you see a police officer?

Probably not! You drive the speed limit because it’s the law!

Copyright law is federal law!

Follow-up ActivityLet’s play a game, “What’s the Signal?”

Materials: On your table, you have 3 paper plate paddles. A red for STOP!, green for GO For it!, and yellow for Caution or I don’t know!

Directions: I will read a scenario and you will choose the correct signal. You may discuss the scenario at your table beforemaking your choice.

How to Win? The table with the most correct signals!

The Prize? You will be named my Copyright Consultant Assistants!!

_____________________Works cited

Simpson, Carol. Copyright for Schools: A Practical Guide. 5th. Santa Barbara, CA: Linworth. 2010.

United States Copyright Office. (2012). Circular 1: Copyright Basics. Retrieved August 3, 2013, from: www.copyright.gov/circs/circ01.pdf

Note: All images are clip art taken from MS PowerPoint