COPYRIGHT AND FAIR USE

What is copyright?
It is a legal means to protect the creator of an original expression.  Once an expression is placed in a tangible form, it is automatically copyrighted.
 

Are only works showing the copyright symbol copyrighted?
No, all tangible, original work is copyrighted once it is created.  As of 1976, the copyright symbol is no longer required.
 

What are some examples of materials that are protected by copyright?

• Literary works 
• Musical works
• Dramatic works
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works
• Compilations
• Web pages

What are the rights of a copyright holder?
The copyright holder has rights to each of the following:

• Reproduction (make copies)
• Adaptation  (derivative works)
• Distribution (copies)
• Performance of the work (public)
• Display (public)

How long does a copyright last?
The copyright lasts the life of the author plus 70 years.

For additional information:

Copyright Basics, US Copyright Office
http://www.loc.gov/copyright/circs/circ1.html

Copyright Crash Course, University of Texas Digital Library http://www.utsystem.edu/ogc/IntellectualProperty/cprtindx.htm

Copyright Website.
http://www.benedict.com/

Hall Davidson’s “The Educator’s Lean, Mean, No-Fat guide to Fair-Use,” Technology and Learning
http://www.techlearning.com/content/speak/articles/copyright.html
 

• Any work published on or before December 31, 1922
• Expired copyrighted works
• Government created works
• Known data and facts

Gasaway, Lolly. “When Works Pass Into the Public Domain.” 
http://www.unc.edu/~unclng/public-d.htm

Why have fair use?
For the purpose of:

• Criticism
• Commentary
• News Reporting
• Teaching, Scholarship or Research

When can educators claim fair use?
Educators may use copyrighted materials in a face-to-face teaching situation.
Copyrighted materials must relate directly to the curriculum being taught for a one time, short notice use.
 

What are the fair use guidelines?
When using copyrighted materials in curriculum-related lessons, educators must be able to justify its use in each of the four following ways: 

• Purpose and character of the use
• Nature of the copyrighted work
• Amount and substantiality of the portion used
• Effect of the potential market for or value of the copyrighted work

When else is a teacher protected under fair use?

• A teacher copies or displays the work at the time it is thought of (spontaneous).
• The idea or decision to use the work is close in time for its use and time does not allow a permission request to be written.

So does this mean the teacher can make copies since time is not available to request and receive written permission?
Yes, but the copies can only be used once. 
If the teacher wants to use the materials again in subsequent teaching, the author must grant permission.  The teacher needs to keep record of the permission granted.
 

What about copies of materials used as a resource for preparing a lesson?
The teacher may keep a single copy for teaching or preparation for teaching. Multiple copies (one per student) may be made of instructional materials for one course as long as the tests of brevity and spontaneity is met,  culmative effect, and the copyright notice is included on each copy.

For additional information:

Copyright Crash Course – University of Texas Digital Library. "Guidelines For Classroom Copying of Books and Periodicals."
http://www.utsystem.edu/ogc/intellectualproperty/clasguid.htm

Copyright Crash Course – University of Texas Digital Library. “Fair Use of Copyrighted Materials.” 
 http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm

Scott, Alyce. “Fair Use Checklist.”
http://people.uis.edu/shuts1/copyright/checklst.html
 

What about including multimedia works in a multimedia project?
Guidelines allow only the following or less may be used:

• 10% or 3 minutes (which ever is less) of a motion media clip
• 10% or 30 seconds (which ever is less) of a musical work, whether audio or audiovisual
• No more than 5 images of a single artist or photographer
• 10% of 1000 words (which ever is less) if text materials

• sources must be properly cited
• opening screen of a presentation contains a disclaimer that states the copyrighted materials were used according to fair use guidelines. 

So this means I can download a media clip as long as it is meets the multimedia criteria?
No.  According to the Harlingen CISD Acceptable Use Policy, no downloading is permitted by a District employee or student using District technology.

Harlingen CISD AUP 
http://harlingen.isd.tenet.edu/hcisdcq.htm

What is an example of wording for a multimedia disclaimer?
Certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.
 

Is there a limit to the number of copies that can be made of the multimedia presentation?
Yes.  Only two copies, original included, of the multimedia presentation are allowed.

For additional information:

Educational Multimedia Fair Use Guidelines Development Committee.  “Fair Use Guidelines For Educational Multimedia.” http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#2
 

When using the Internet for research, how do I know if something is copyrighted?
Each document or image found on the Internet is copyrighted and the author is not required to give notice of copyright notice. 

Examples of Internet resources are:

• Email
• World wide web site
• Online images
• Online sounds
• Online video clips
• File Transfer Protocol
• Usenet newsgroups

How are Internet resources cited?
There are several ways to cite sources (i.e. ALA, MLA). 
HCISD uses Classroom Connect’s style, with their permission. A link to their site may be found on HCISD’s Virtual Library Information Center in the Other Resources category.  Also, a direct link to their site is listed below.

For additional information:

Classroom Connect.  “Citing Internet Resources.”
 http://www.classroom.com/community/connection/howto/citeresources.jhtml

For other styles of citing sources:
CSU Information Competence Project.  “Citation Styles.” 
http://multiweb.lib.calpoly.edu/infocomp/modules/08_understand/index_a.html
 
 

Does this mean I have to get permission from the author to use information on the Internet?
Yes.  If there is a possibility your educational multimedia presentation may be shown beyond the classroom and/or outside the limits of the fair use guidelines, it is best to seek the author’s permission while the presentation is being created instead of waiting until it is finished.  Not only will this allow more time for a response from the author but it will also give you time to adjust your presentation if the permission is denied.  If an author challenges you, find another source.

For additional information:

North Carolina Department of Public Schools. “Copyright in an Electronic Environment.” 
http://www.dpi.state.nc.us/copyright1.html

For additional information:

MindLink Magazine. “Permission to Use Graphics or Create Links.” http://www.ncsu.edu/midlink/permission.html

Interested in seeing possible damages and profits infringements?
Visit the following web site to view how the law is written.

Legal Information Institute. “US Code Collection.” 
http://www4.law.cornell.edu/uscode/17/504.html

How about testing your knowledge of copyright and fair use?
The following sites are good “tests” to help you with understand some of the basic legal issues educators and students face when using Internet resources.
 

TechLEARNING. “The 20-Questions Fair Use Copyright Quiz.” http://www.techlearning.com/content/speak/articles/questions.html

Templeton, Brad. “Ten Myths about Copyright Explained.” http://www.templetons.com/brad/copymyths.html
 
 

By no means of the imagination are we lawyers or pretend to be.  We have provided this web page to help introduce you to the issues of copyright, fair use, the Internet, multimedia presentations, and the classroom.   Just remember to practice "due diligence" when  incorporating technological resources  into curriculum and to interpret what you read very conservatively.