Copyright Handouts

      Copyright

What Copyright Is:

l      Copyright law gives the creator of a work the right to control who can make copies, or make works derived from the original work.

l      This is a limited right.  (One of those limitations is Fair Use.)

Why Copyright Compliance Matters:

l      There is no “immunity” from copyright law because you work for a public school, or are making no money from the copyright infringement.  Teachers have been sued and lost. Churches have been sued and lost.

l      Losing a copyright infringement case can be expensive. Damages can range as high as $150,000 plus attorneys fees. (That’s section 504 and 505 of title 17.) And the part of your work that includes the infringing material can be impounded.

 Educators are allowed to use some copyrighted materials under the Fair Use doctrine.

Fair Use

 Fair Use allows the public to use parts of a copyrighted work for criticism, scholarship or teaching.  Fair Use is a balancing test.  You review four factors and argue that on balance, your use is fair.  According to title 17, Chapter 1, Section 107 of the copyright law, the four factors considered when arguing Fair Use are:

1.  The purpose of the use. Why are you making this copy?  To make a profit is probably not Fair Use; teaching is likely Fair Use.

2.  The nature of the publication.   Was the original work creative? Fiction is more strictly protected.

3.  The amount of the work used.  The smaller the amount of the work used, the better.

4. The effect on the market for the work. Is your work going to compete in the market against the work?  Perhaps even replace the work?  If so, your use is probably not Fair Use. 

RTC Fair Use Guidelines

To take some of the ambiguity out of Fair Use, RTC has adopted a procedure which defines Fair Use.

 RTC Procedure 22022 – 7/19/94 – Attachment 2  lists the kind and amount of materials you can copy.  This is an excerpt from the procedure: 

·        Poetry: A complete poem if less than 250 words (not to exceed two pages) or an excerpt of not more than 250 words from a longer poem.

·        Prose: A complete article, story or essay of less than 2,500 words or 10% of the work, whichever is less.

·        Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

 The decision to use the work and the moment of its use for maximum teaching effectiveness must be so close in time that it would be unreasonable to expect a timely reply to a request to photocopy….

Permission to copy any material not fitting the above description must be obtained from the publisher's Copyright and Permissions Department prior to photocopying the work.  The earlier you request permission, the better, in case it cannot be granted and you need to substitute other materials.

 Bottom Line: If it’s not Fair Use, get permission.

Showing Videos/DVDs in the Classroom

  Rules for Showing Commercially-produced DVDs and Videos in Your Classes:

If the item you want to show comes with Public Performance Rights (PPR) then you usually don’t have to worry about copyright infringement issues.  Otherwise your use should meet the following six conditions:

l      It has to be shown in the classroom.

l      It has to be show in the course of face-to-face teaching activities.  

l      For instructional purposes.

l      Only to your students.

l      The copy you’re using must be lawfully acquired. 

l      It has to be shown by the instructor, guest lecturer, or by students as a part of their class work.

Rules for Showing Television Programs You have Pre-taped for Your Class:

First, you have to meet all of the conditions listed above for showing commercially-produced videos. Then you need to meet these additional conditions:

l      The program has to be from one of the commercial networks. 

l      You have to show it within 10 days of the time the program aired.

l      You can only show it twice in the same class.

l      You do have to include the copyright notice in the broadcast.

l      After 45 days you should get rid of the tape.  (Or keep it for your home use.)

Rules for Student Use of Copyright Materials:

You have a student preparing a presentation.  Can they use copyrighted work as part of it?  They can make a copy of media material if their use meets these conditions:

l      They intend to use the materials in a class assignment.

l       They use a small piece of electronic or multimedia material.  (Unfortunately, there is  disagreement about what “small” means. What many policies suggest is that no more than 10% of a work be copied, or no more than 3 minutes, whichever is less.) 

l      They must cite the original creator of the work.

l      They may change the look or sound of the material for purposes of criticism, but must say what they changed.

RTC Library Materials on Copyright

Copyright Law on Campus  - Discusses the basis of copyright in the US, methods of getting permission to copy, Fair Use, and copyright and distance education. Call Number: 346.0482 LINDSEY 2003

 The Public Domain : How to Find Copyright-free Writings, Music, Art & More  -    How to determine an item’s copyright status, and factors to consider when deciding if you can use it.   Call Number: 346.048 FISHMAN 2000

Complete Copyright  - An introduction to Fair Use, and how to seek permission to use copyrighted information for your classes.  Call Number: 346.0482 COMPLET  2004e

 A Common Set of Values: Copyright and Intellectual Property in the Academic Community  - A thorough introduction to campus copyright issues. Call Number: 346. 048 SHARED 1996  VIDEO

Web Sites on Copyright

Highline Community College Copyright Page  An excellent introduction to copyright basics and related issues in community/technical colleges.  Want to test your copyright knowledge?  Play Copyright Jeopardy. http://flightline.highline.edu/copyright/index.htm

University of Washington Copyright Information for Educators   Another good page with links to information on many copyright topics, including the text of the laws that apply, copyright forms, other universities copyright policies, and recent court cases. http://www.lib.washington.edu/help/guides/copyright.html

A Visit To Copyright Bay  A great copyright site with memorable graphics.  If you learn visually, take a look at this site.http://www.stfrancis.edu/cid/copyrightbay/

 Circular 21—A Teacher’s Guide to Fair Use and  Copyright.   THE law as it is currently interpreted.  Every teacher should read Section C (pages 5-11)  at least once.  It’s a .pdf file, so you’ll need Adobe Reader. http://www.copyright.gov/circs/circ21.pdf

Sources of Public Domain or “Rights-Relaxed” Materials

 “Public domain” means the items aren’t covered by copyright (because copyright existed but has expired or because the item was never covered under copyright.)  “Rights-relaxed” is my phrase for items covered under copyright, but offered by the copyright holder for public use. There may or may not be restrictions on how the work is used.

 This is a small sample of the many web sites that offer free or rights-relaxed material:

Pics4Learning

http://www.pics4learning.com/

A public-private partnership - formerly known as PhotoShare – “thousands of images”  - to be used by teachers for teaching.

US Government Graphics and Photos

http://www.firstgov.gov/Topics/Graphics.shtml

If you’re looking for a public domain photograph, this is probably the best place to start.  It offers a list of US government sites with photos and graphics. Most, but not all, pictures and graphics on the linked pages are public domain.

1001 Free Fonts

http://www.1001freefonts.com/

Free downloadable fonts for PC and Mac!

AnimationsGalore.com

http://www.animations-galore.com/index.html

They advertise themselves as “(t)he Internet's best free animations and animated gifs!” Probably not a bad idea to check the creator’s link (listed below each animation) for any restrictions on use.

Creative Commons

http://creativecommons.org/

Offers access to works – graphics and pictures, music, texts – where the copyright holder has offered certain rights to their work freely to the public.  There may or may not be restrictions on how the work can be used.