Presentation by Craig Nansen to Minot Teachers.

1. Copyright and Fair Use
Craig Nansen
Minot Public Schools
All the links from this presentation can be found at
http://tinyurl.com/56r2hd
http://projects.minot.k12.nd.us/groups/craig/wiki/22ecd/Copyright_Resources.html

2. Copyright and Fair Use
This is an
extremely important
issue
for educators!

3. Copyright and Fair Use
1st and foremost - It is a legal issue.
Copyright Law:
1976 Copyright Act

4. Copyright and Fair Use
Copyright is defined as the exclusive right of a creator to
reproduce, prepare derivative works, distribute, perform,
display, sell, lend or rent their creations.
The Copyright Act grants five rights to a copyright owner:
The right to reproduce the copyrighted work.
The right to prepare derivative works based upon the original(s).
The right to distribute copies of the work.
The right to perform the work publicly.
The right to display the work publicly.
http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test

5. Copyright and Fair Use
How are we able to use copyrighted work as educators?
Fair Use.
The concept of "fair use" evolved over the years as courts tried to balance the rights of
copyright holders with society's legitimate interest in making copies in certain, limited
circumstances.
"Fair Use" has a core belief that copying should be allowed for purposes of criticism, news
reporting, teaching and scholarly research.

6. Copyright and Fair Use
"When the fair use doctrine applies to a specific use of a work, the person making fair
use of the work does not need to seek permission from the copyright owner or to
compensate the copyright owner for the use of the work."
Bruce A. Lehman,
Assistant Secretary of Commerce and
Commissioner of Patents and Trademarks

7. Copyright and Fair Use
The 1976 Copyright Act set forth four provisions
by which copyrighted materials could be used
in non-profit educational settings...
The purpose and character of the use,
including whether such use is of a commercial nature or
is for non profit educational purposes.
The nature of the copyrighted work.
The amount and substantiality of the portion used
in relation to the copyrighted work as a whole.
The effect of the use upon the potential market
for or value of the copyrighted work.

8. Copyright and Fair Use
"Fair use is almost always a short excerpt and almost always
attributed. (One should not use more of the work than is
necessary to make the commentary.)
It should not harm the commercial value of the work -- in
the sense of people no longer needing to buy it (which is
another reason why reproduction of the entire work is
generally forbidden.)"

9. Copyright and Fair Use
Whether the use is
"Fair Use" or "Infringement"
is intended for the courts to decide.
However, educators need not fear a lawsuit
if they use the minimum amount sufficient
and necessary for teaching.

10. Copyright and Fair Use
But will the “copyright police”
ever come to your classroom?
Probably not, but if they do, guess
whose name will be all over the news?
Yours and mine!

11. Copyright and Fair Use
How would the “copyright police”
ever find out about violations?
Disgruntled parents, students,
staff members.

12. Copyright and Fair Use
2nd - It is a moral issue.
How do you feel about students
cheating on a test? Copying homework?
Plagiarizing?
Why would you break a federal copyright law
right in front of these same students?

13. Copyright and Fair Use
“Do as I say, not as I do”
Not a good example
Your actions speak so loudly,
I can’t hear what you are saying
What kind of example
do you want them to see?

14. One of the best resources
for educators.
By Hall Davidson
http://www.halldavidson.com/copyrightTEACH.pdf
http://delicious.com/cnansen/copyright
http://projects.minot.k12.nd.us/copyright

21. Even though something may no longer be copyrighted,
there is still Performance Rights

25. A middle school science class studying ocean ecosystems must
gather material for multimedia projects. The teacher downloads
pictures and information on marine life from various commercial and
noncommercial sites to store in a folder for students to access. This
is fair use.
True. The Web may be mined for resources. Download away (of
course, don't hack into subscription sites)!
But remember: you can't put these projects back up on the Web
without permission from the copyright holders.

26. An elementary school designs a password-
protected Web site for families and faculty
only. It's OK for teachers to post student work
there, even when it uses copyright material
without permission.
True. If the site really is protected, then this is
considered OK. The school should monitor its
Web hits, though, and make sure the outside
world isn't sneaking in.

27. A teacher gets clip art and music from
popular file-sharing sites, then creates a
lesson plan and posts it on the school Web
site to share with other teachers. This is
permissible.
False. Legitimately acquired material can be
used in classrooms. However, under the
current law, no teacher can redistribute such
material over the Net or any other medium.
You can use it, but you can't spread it around.

28. A history class videotapes a Holocaust
survivor who lives in the community. The
students digitally compress the interview,
and, with the interviewee's permission, post it
on the Web. Another school discovers the
interview online and uses it in their History
Day project. This is fair use.
True. That's the other side of fair use. Just as
you can use other people's intellectual
property for educational purposes without
permission, so can your own be used.

29. On Back-to-School night, an elementary
school offers child care for students' younger
siblings. They put the kids in the library and
show them Disney VHS tapes bought by the
PTA. This is permissible.
False. Video (like everything else) is not
covered under fair use for entertainment or
reward. The use described is entertainment,
pure and simple. However, Disney will sell
you a one-time license for $25 that makes
this legal use. Call Disney at (818) 560-1000,
ask for "Rights," and prepare to trade faxes.

30. A student wants to play a clip of ethnic music
to represent her family's country of origin. Her
teacher has a CD that meets her needs. It is
fair use for the student to copy and use the
music in her project.
True. See the chart on page 32 for limitations
on length. To my mind, the music guidelines
need to be rethought and broadened. Until
then, look for CDs that are created royalty-
free.

31. Last year, a school's science fair multimedia
CD-ROM was so popular everyone wanted a
copy of it. Everything in it was copied under
fair use guidelines. It's permissible for the
school to sell copies to recover the costs of
reproduction.
False. Fair use allows educational use of
copyright material, true, but it does so only if
there is no anticipation of wider distribution.
Check on Royalty Free music.
Note: This is not Copyright Free music.

32. Hall Davidson’s Copyright Quiz
Technology & Learning Magazine, October 2002
http://www.halldavidson.com/TLQuiz.pdf
http://www.halldavidson.com/TLQuizAnwers.pdf
http://www.halldavidson.com/
http://www.halldavidson.net/
http://www.halldavidson.com/downloads.html
The Educator's Guide to Copyright and Fair Use
October 15, 2002
Technology & Learning Magazine
http://www.techlearning.com/db_area/archives/TL/2002/10/copyright.php

33. A Visit to Copyright Bay
http://www.stfrancis.edu/cid/copyrightbay/
Many of the Copyright and Fair Use statements were
from Copyright Bay.
10 Big Myths about copyright explained
http://www.templetons.com/brad/copymyths.html
Copyright Laws for Teachers
CyberPlayGround
http://www.edu-cyberpg.com/Teachers/copyrightlaw.html
Wes Fryer’s Wiki on Copyright
http://teachdigital.pbwiki.com/copyright
The Copyright Site
http://www.thecopyrightsite.org/fairuse.html

34. http://www.law.duke.edu/cspd/comics/