Copyright Copyright Guidelines Guidelines

for Our Schoolsfor Our Schools

U.S. Copyright LawU.S. Copyright Law

U.S. Constitution, Article I, Section U.S. Constitution, Article I, Section 88

Copyright Act of 1976Copyright Act of 1976 Digital Millennium Copyright Act Digital Millennium Copyright Act

negotiated 1996negotiated 1996

Created in Permanent Created in Permanent FormatFormat

Text

MusicIllustration

Digital/Electronic

GraphicsPhotographsMotionMedia

What’s Protected By What’s Protected By Copyright?Copyright?

Original ideas in any formatOriginal ideas in any format Copyright is automatic for Copyright is automatic for

created works after Jan. 1, created works after Jan. 1, 19781978

The copyright mark need The copyright mark need not be affixed for a work to not be affixed for a work to be protectedbe protected

Works of federal Works of federal government are government are not not protectedprotected

Public DomainPublic Domain

Works produced by Works produced by the federal the federal governmentgovernment

Works with expired Works with expired copyrightscopyrights

Works used with Works used with permissionpermission

Works used with Works used with license agreementslicense agreements

Duration of ProtectionDuration of Protection

1790 - 18031790 - 1803 1804 - 18671804 - 1867 1868 - 19051868 - 1905 1906 - 19771906 - 1977 1978 - >1978 - >

28 years28 years 42 years42 years 56 years56 years 75 years75 years Life + 50 yrs.Life + 50 yrs.

Creation date Protection limits

*Verify copyright status before copying

“ “Home-Use” Only Home-Use” Only

Public Performance RightsPublic Performance Rights Use for RewardUse for Reward Face-to-Face InstructionFace-to-Face Instruction

What is “FAIR USE?”What is “FAIR USE?”

Nonprofit educational purposesNonprofit educational purposes Size of portion compared Size of portion compared

to size of work to size of work Effect of use on value of workEffect of use on value of work

Yeah,we can use this!

Educators can use Educators can use copyrighted works . . .copyrighted works . . .

When they produce When they produce their own their own instructional tools instructional tools and activitiesand activities

When they are When they are engaged in face-to-engaged in face-to-face instructionface instruction

When using them for When using them for peer conferences or peer conferences or professional professional portfoliosportfolios

Portion Limitations for Use Portion Limitations for Use

of Copyrighted Worksof Copyrighted Works Motion media: 10% or 3 minutes, Motion media: 10% or 3 minutes,

whichever is lesswhichever is less Text material: 10% or 1000 words, Text material: 10% or 1000 words,

whichever is lesswhichever is less Music/Video: Up to 10%, but no more Music/Video: Up to 10%, but no more

than 30 secondsthan 30 seconds Art/Illustrations/Photographs: Not more than 5 Art/Illustrations/Photographs: Not more than 5

images by an artists/photographerimages by an artists/photographer Numerical data sets: 10% or 2500 field or cells, Numerical data sets: 10% or 2500 field or cells,

whichever is lesswhichever is less

Installing Computer Installing Computer SoftwareSoftware

License agreement documentation License agreement documentation is protection.is protection.

Single-user means one user.Single-user means one user. ““No Electronic theft (Net) Act No Electronic theft (Net) Act

passed in 1997.passed in 1997.

Copyrighted Links Copyrighted Links from the Internetfrom the Internet

Keep in mind the Keep in mind the four tests for Fair four tests for Fair Use.Use.

Consider same Consider same factors used for a factors used for a print document.print document.

Web page displays Web page displays are the right of the are the right of the copyright holder.copyright holder.

Become familiar with copyright laws and Become familiar with copyright laws and guidelinesguidelines

Understand FAIR USE interpretation for Understand FAIR USE interpretation for educatorseducators

Request permission for the use of Request permission for the use of copyrighted workscopyrighted works

Attribute and acknowledge sources Attribute and acknowledge sources with full citations with full citations

Note any alterations to a copyrighted workNote any alterations to a copyrighted work

Therefore, as responsible U.S. Therefore, as responsible U.S. citizenscitizens

we must: we must:

Additional Resources on Additional Resources on CopyrightCopyright

Simpson, C.. M. (2001). Simpson, C.. M. (2001). Copyright Copyright for schools: a practical guide for schools: a practical guide (3rd (3rd ed.). Worthington, Ohio: Linworth ed.). Worthington, Ohio: Linworth Publishing, Inc.Publishing, Inc.

http://lcweb.loc.gov/copyright/http://lcweb.loc.gov/copyright/onlinesp/>onlinesp/>

http://publicdomain.comhttp://publicdomain.com

Thanks to Jackie Smith, library media specialist at E.L. Miller Elementary, and Pat Pickard, Director of Educational Media, for their vision of the value of this project and work toward its development.

Please contact the Department of Educational Media, DeKalb County School System, (Pam Kugel at 404-325-3011, ext. 3236) for further information concerning this staff development module.

CREDITS

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