copyright in the new millenium 1999

1. COPYRIGHT IN THE NEW MILLENIUM (1999)

3. FEDERAL LAW US Constitution: Article 1 �8, 1976: �Congress shall have the power...securing... for a limited time... to authors...the exclusive right... to their writings and discoveries.�

4. Copyright Clearinghouse: 2. Moral issue

5. Copyright Clearinghouse: Just because we can, doesn�t mean we may. People who invent or manufacture technology are not concerned (nor do they necessarily care) about copyright.

6. Copyright Clearinghouse: 3. TEA issue

7. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS, Chapter 126.2

8. FEDERAL LAW US Copyright Law covers all forms of expression as long as they are put down in some concrete form: written or encoded (tapes, CD�s, etc.)

9. Works don�t need to have a notice of copyright to be considered protected by law. Assume that all works created after 1/1/78 are protected under copyright unless it is shown otherwise. RIGHTS OF COPYRIGHT HOLDER

10. REPRODUCTION ADAPTION DISTRIBUTION BY SALE, GIFT, RENTAL, LEASE, OR LOAN PUBLIC PERFORMANCE PUBLIC DISPLAY RIGHTS OF COPYRIGHT HOLDER

11. 1. REPRODUCTION: the right to copy the work, whether print or non-print. RIGHTS OF COPYRIGHT HOLDER

12. Who has the right to make copies of video cassettes, audio cassettes, and CD�s? The company owning the copyright. RIGHTS OF COPYRIGHT HOLDER

13. RIGHTS OF COPYRIGHT HOLDER 2. ADAPTION: This is the right to take the author�s original and change it to meet your needs or wants.

14. RIGHTS OF COPYRIGHT HOLDER Who has the right to make adaptions of Walt Disney characters to decorate a bulletin board? The company owning the copyright.

15. RIGHTS OF COPYRIGHT HOLDER This includes logos and cartoons. Can�t copy them or change them without written permission.

16. RIGHTS OF COPYRIGHT HOLDER 3. DISTRIBUTION BY SALE, GIFT, RENTAL, LEASE, OR LOAN

17. RIGHTS OF COPYRIGHT HOLDER Who has the right to sell copyrighted material or compilations of copyrighted materials? The company owning the copyright.

18. RIGHTS OF COPYRIGHT HOLDER Companies like Warner Brothers, Sony, and BMI copy and distribute music and feature films. They are the agents to grant permission for copying.

19. RIGHTS OF COPYRIGHT HOLDER 4. PUBLIC PERFORMANCE - any time a work is used outside of current direct instruction

20. RIGHTS OF COPYRIGHT HOLDER Who can give permission to use any video for rainy day recess, PTA babysitting, rewards at school, motivational events? The company who holds the rights to distribute and sell performance licenses.

21. SCENARIO - 2 Students are dropped off at 7:00 at your elementary school every day, before the doors open. Several teachers who get to school early volunteer to bring these children into classrooms and let them watch videos until the 7:30 Duty Teacher arrives in the cafeteria.

22. RIGHTS OF COPYRIGHT HOLDER 5. PUBLIC DISPLAY - any time a work is used outside the home or beyond personal family use.

23. RIGHTS OF COPYRIGHT HOLDER PUBLIC DISPLAY - Would include the display in a school of any copyrighted images, logos, characters which were not purchased from a legitimate source.

24. LAW VS. GUIDELINES The Senate and the House established a set of guidelines to balance rights of owners and the public (Congressional Guidelines or Fair Use Guidelines

25. GUIDELINES Title 17, US Code, Public Law 94-553 90 Stat. 2541 makes special exceptions for school due to non-profit status :

26. GUIDELINES the amount (substantiality) the timing of use/copying potential market effect

27. RIGHTS OF COPYRIGHT HOLDER CONGRESSIONAL FAIR USE GUIDELINES

28. RIGHTS OF COPYRIGHT HOLDER But first�

29. VIDEO : FEDERAL LAW Any video may be shown if: presented by teacher or student & presented in a classroom & is part of face-to-face instruction & is a legal copy & directly related to current curriculum lesson

30. VIDEO : FEDERAL LAW Any video may be shown if a teacher can answer yes to the question: Is this an important, critical part of what I am teaching today or tomorrow?

31. VIDEO : FEDERAL LAW Therefore school-wide or classroom use of audiovisual media for entertainment, edification or reward is prohibited.

32. VIDEO : FEDERAL LAW School-wide or classroom use of audiovisual media must be tied to a specific current teaching goal documented in the district curriculum guide .

33. VIDEO : DISRTICT POLICY Carrollton-Farmers Branch policy regarding use of non-print media specifies that the 5 federal standards must be met plus:

34. VIDEO : DISRTICT POLICY 1. Non-print media must be purchased by the district or obtained through C.O.L. or other district video resources, 2. documented in lesson plans, and 3. used in short, interactive units.

35. VIDEO : DISRTICT POLICY Rented or personal non-print media must meet the previous qualifications plus have the prior approval of the building principal in writing.

36. VIDEO : DISRTICT POLICY Showing feature-length programs must have the prior approval of the building principal.

37. TELEVISION : FEDERAL LAW Off-air recordings: kept for 45 days used in class during the first 10 shown a maximum of twice must be erased on day 46

38. VIDEO : PUBLIC PERFORMANCE 1. Several companies sell Public Performance licenses for the video that they carry. This is not an approved option in C-FB.

39. VIDEO : PUBLIC PERFORMANCE 2. A teacher or school may obtain a Public Performance license for a specific work to be shown on a specific date. This usually costs $75.00 - $125.00

40. 4-TEST RULE FOR FAIR USE 1. Use: NON-PROFIT EDUCATIONAL PURPOSES educational vs. public performance or non-instructional

41. 4-TEST RULE FOR FAIR USE 1. Use: Is the intellectual property being used for legitimate educational or research purposes? educational = instruction

42. 4-TEST RULE FOR FAIR USE 2. Brevity: only so much, specifically by medium

43. 4-TEST RULE FOR FAIR USE THE AMOUNT AND THE SUBSTANTIALITY OF THE PORTION IN RELATION TO THE COPPYRIGHTED WORK AS A WHOLE.

44. 4-TEST RULE FOR FAIR USE 2. A teacher can make a personal copy from a book: one chapter one short story one essay

45. 4-TEST RULE FOR FAIR USE 2. Brevity: A teacher can make a personal copy from a book: once only (not to be repeated) nothing consumable not directed by superior not to replace purchase

46. 4-TEST RULE FOR FAIR USE 2. Brevity: A teacher can make class copies from a book: >2000 words, 1000 words or 10% <2500 words, complete story or essay picture books - 2 pages only must have copyright information one copy per student once, ever

47. 4-TEST RULE FOR FAIR USE 2. Brevity: from books a librarian can copy pages if an item is damaged, mutilated, vandalized and a replacement is not available at a fair price.

48. 4-TEST RULE FOR FAIR USE 2. Brevity: poetry personal copy: one short poem class set <250 words, complete poem class set >250 words, any excerpt up to 250 words one copy per student once, ever

49. 4-TEST RULE FOR FAIR USE 2. Brevity: magazines teacher can make a personal copy of: one article from a publication one chart, one graph one cartoon

50. 4-TEST RULE FOR FAIR USE 2. Brevity: magazines teacher can make a class set: one article from a publication one chart, one graph one cartoon one copy per student once, ever

51. 4-TEST RULE FOR FAIR USE 2. Brevity: magazines: an exemption for periodicals (magazines and newspapers): current articles (within the last 30 days)

52. 4-TEST RULE FOR FAIR USE 2. Brevity: logos and images : An image is infringed by reproducing it in whole or it part, duplicating it making any substantial change - Congressional Copyright Manual

53. 4-TEST RULE FOR FAIR USE 2. Brevity: logos and images The right to use, display, reproduce graphics are very expensive to purchase. Why would a company go to the trouble to copyright and trademark if it didn�t intend to protect those rights?

54. SCENARIO - 3 As a reading teacher you have a challenging class of students who are hard to motivate. You decide to create a few posters about school, community and personal pride, using the Nike motto, �Just do it!� You plaster these posters in the classroom and pod hallway.

55. 4-TEST RULE FOR FAIR USE 2. Brevity: music/audio source When you buy a CD, recording, or cassette tape what you purchase and own is the right to listen to it until the medium (cassette tape or disk) wears out or breaks.

56. 4-TEST RULE FOR FAIR USE 2. Brevity: A teacher can make a personal copy from an audio source: copy a CD or tape for aural classroom exercises or for tests single copy of a student performance for evaluation or rehearsal and retained by the school

57. SCENARIO - 4 You are in charge of the faculty show. You really like Bobby Bare�s song, �Tequila Sheila.� You write a series of verses poking fun at the staff and make a bunch of copies for the faculty cast.

58. 4-TEST RULE FOR FAIR USE 2. Brevity: music/audio source Fair Use specifically prohibits making copies of individual cuts, tracks, or parts of tracks for the purpose of creating an anthology

59. 4-TEST RULE FOR FAIR USE 2. Brevity: music/audio source Fair Use specifically prohibits making copies of individual cuts, tracks, or parts of tracks for the purpose of performance.

60. SCENARIO - 5 You are doing a unit on persuasion and tape a series of commercials for your class to evaluate.

61. SCENARIO - 5 You want to have music playing for your students as they wait in the cafeteria for their first period. The songs are motivational and uplifting. So you make a cassette of numerous songs from your CD collection to play.

62. SCENARIO - 5 You want to have music playing for your students as they wait in the cafeteria for their first period, so you buy a CD from Sundance Media.

63. 4-TEST RULE FOR FAIR USE 2. Brevity: sheet music: may not copy more than 10% of a work unless a copyright notice appears on the copy a complete performance unit (aria, song, movement) for purposes of performance*

64. 4-TEST RULE FOR FAIR USE 2. Brevity: sheet music in an emergency (I.e., immanent performance) a teacher may copy sheet music to replace a purchased item that was damaged or lost. The copy must be replaced by a purchased copy ASAP.

65. 4-TEST RULE FOR FAIR USE 2. Brevity: sheet music A teacher may simplify sheet music for students provided that the work is not distorted and no lyrics may be altered or added.

66. 4-TEST RULE FOR FAIR USE 2. Brevity: video A broadcast may be recorded off the air (cable, antenna, satellite) and retained by a non-profit institution for 45 consecutive calendar days.

67. SCENARIO - 6 In preparation for Black History Month, you have been taping segments of video highlighting African Americans on TV since the summer. The goal is to integrate these segments into lessons during the months of January and February.

68. 4-TEST RULE FOR FAIR USE 2. Brevity: video A broadcast may be recorded off the air (cable, anetenna, satellite) and be used in class for the first 10 of the 45 consecutive calendar days.

69. 4-TEST RULE FOR FAIR USE 2. Brevity: video a recorded broadcast may be used in the same classroom 2 times requests for off-air recording must come from the individual teacher

70. 4-TEST RULE FOR FAIR USE Video Note: In order to sell videotapes or CD�s with copyrighted material an individual must get the written permission from persons in the performance performance and distribution rights for the music or dramatic work and any synch rights for the music used to accompany

71. 4-TEST RULE FOR FAIR USE 2. Brevity: Software You may load software on one machine per license. If the license grants permission, you may may a backup copy of software.

72. 4-TEST RULE FOR FAIR USE 2. Brevity: Internet Everything is copyrighted unless otherwise indicated.

73. 4-TEST RULE FOR FAIR USE 2. Brevity: Internet The copyright owner of Internet images grants you permission to view the site or listen to its contents (100% of text and graphics)

74. SCENARIO - 8 You have found an Internet site with great music selections and pictures (graphics) that perfectly compliment a PowerPoint presentation you are doing for 4th Grade. You download a bunch and decided to import several into that presentation.

75. 4-TEST RULE FOR FAIR USE 2. Brevity: Internet To put students up on the Internet in C-FBISD requires adherence to the Web Policies and Procedures Must have parents sign approved permission/release forms

76. 4-TEST RULE FOR FAIR USE 2. Brevity: Internet Linking is permitted without permission. It is analogous to a cross-reference in a term paper. If owner doesn�t want the site linked, is responsible for password protection

77. 4-TEST RULE FOR FAIR USE 2. Brevity: Multimedia Students may use copyrighted works when producing multimedia projects for class according to the following restrictions:

78. 4-TEST RULE FOR FAIR USE 2. Brevity: Multimedia Students may perform or display multimedia projects (containing copyrighted material) in class and include them in their portfolios

79. 4-TEST RULE FOR FAIR USE 2. Brevity: Multimedia Any presentation including the intellectual property must have a notice in the opening screen stating that copyrighted material is included under the Fair Use Exemption of Copyright Law.

80. 4-TEST RULE FOR FAIR USE 3. Spontaneity: decided at the classroom level and close to time of need

81. 4-TEST RULE FOR FAIR USE 3. Spontaneity (C.O.L.): decision must be made so close to actual need/use that it would be unreasonable to go thought the normal channels copies must be made at the request of an individual teacher copies cannot be made �just in case�

82. 4-TEST RULE FOR FAIR USE 4. Cumulative Effect: impact on income of the author/owner

83. 4-TEST RULE FOR FAIR USE 4. Cumulative Effect: Fair Use guidelines guarantee that copying a work or part of a work will not substitute for the purchase of magazines, books, CD�s, videotape, etc.

84. 4-TEST RULE FOR FAIR USE 4. Cumulative Effect: By copying trademarked or copyrighted works, teachers deprive the creator, trademark owner, copyright owner of potential sales. Violate rights of Reproduction, Adaptation and Public display.

85. 4-TEST RULE FOR FAIR USE 4. Cumulative Effect: copying is prohibited to create anthologies consumables (workbooks, tests, answer sheets, patterns, templates) the same teacher may not make subsequent copies. Ever.

86. 4-TEST RULE FOR FAIR USE It is the responsibility of the district to make teachers aware of the law, but ignorance of the law is not a defense.

87. FAIR USE ADDENDUM Congress approved the Chaffey amendment which targeted further exclusions or permission s for those who are blind or have another disability.

88. FAIR USE ADDENDUM Chaffey - allows an authorized entity to reproduce and distribute copies or phonorecords of published, non-dramatic literary work if they are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities. Copies or phonorecords must be reproduced or distributed in a specialized format exclusively for use by blind or other persons with disabilities.

89. PUBLIC DOMAIN A work is considered in the public domain --available to anyone for any use -- if: the author has never claimed copyright, and has dedicated the work to the public domain.

90. PUBLIC DOMAIN Copyrighted works can pass into the public domain after a period of time: prior to 1909: in the public domain 1909-1975: 56 years after publication 1976-1997: life of the author + 50 years 1998-present: life of the author + 70 years (Sonny Bono Act)

91. PUBLIC DOMAIN All government documents are in the public domain.

92. CONSEQUENCES/FINES LIABILITY: ACTUAL: initiator CONTRIBUTORY: aiding and abetting VICARIOUS: chain of command