Legal Issues

Copyright Use or Avoid  Material with Copyright

Fair Use Information Video /Remix Information

Motion Picture Association of America:  Piracy

Copyright for Kids

Evaluating Webpages:  UC Berkley

Copyright Lessons:  K-7

Hall Davidson Chart:  Need to print it to read easily.

Library of Congress:  Library Mysteries:  Cartoons about copyright.  7-12th Grades

Center for Social Media:  Look under “fair use”  Powerpoints and Videos Older Students

E. McCarthy Vt. Educator  Copyright Resources

James Frankle  Copyright Guru

http://www.jamesfrankel.com/copyright_chart.pdf

http://www.jamesfrankel.com/links.html#copyright

http://fams.podomatic.com/

Copyright issues:  The easiest way to avoid copyright issues is to publish only your own work.  This is not always possible, but it is the safest way.   Do not publish media or text that is not your own.  It is possible to ask for permission, less well known authors are more likely to give you permission to publish their work.

1)  Do not use materials that are copyrighted.  You may be financially libel.  There are plenty of websites that provide materials/media you can use without breaking copyright law.

2)  Do not share your media,  text, or software unless it was created by you!

3)  Do not accept media, text, or software from others, unless they created the content.

4)  It is possible to use the work of others, but the law is not very clear on it.  See Fair Use Below.

Fair Use of Copyright Material

Four copyright conditions that allow for public use of material.

1)Public domain belongs to the people either by expressed permission, expired copyright, or any material at least 75 years old. So, if it is over 75 years old. You can use it (as much as you want).

2)  Expressed permission means that permission was granted by the author or creator before being used. so if the author says you can use it, you can use it all. It is not common for the author to give aways rights to their work.

3)  Fair use is an exception that allows for specific amounts of copyrighted material to be used under certain circumstances.

4)  Legal Exemptions such as parody or saving a work that might be lost.

5)   Copyrightable works are as follows: Literary, Musical, Dramatic, Pantomimed, Pictorial, Motion Picture, and Sound Recordings

LITERARY WORKS – both fiction and nonfiction, including books, periodicals, manuscripts, computer programs, manuals, phonorecords, film, audiotapes, and computer disks
MUSICAL WORKS – and accompanying words — songs, operas, and musical plays
DRAMATIC WORKS – including music – plays and dramatic readings
PANTOMIMED AND CHOREOGRAPHED WORKS -
PICTORIAL, GRAPHICS, AND SCULPTURAL WORKS – final and applied arts, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models
MOTION PICTURES AND AUDIOVISUAL WORKS- slide/tape, multimedia presentations, filmstrips, films, and videos
SOUND RECORDINGS AND RECORDS – tapes, cassettes, and computer disks

Before using or copying materials for educational purposes, a teacher should consider three questions:

1)  Will the expression by the author/creator be used? Will the particular way words are sequenced or a concept is expressed be used? If the answer is without a doubt “no,” then the work may be used. Keep in mind, however, that duplicating or photocopying someone else’s work is the same as using the author’s expression. If the answer to this question is “yes” or “maybe,” the next question must be considered.

2)  Is the expression/rendering protected by copyright? If the answer is “no,” then the work may be used. For example, a work might be old enough to be part of the public domain or perhaps unprotected for another reason. If the answer is “yes” or “maybe,” the third question must be considered.

3)  Will the use go beyond the fair use? If the application falls within one of the exceptions listed for fair use, then the material or work may be used.

However, certain limitations still apply.
If the answer to these all the above questions is “yes,” then permission from the author is needed. If the answer to any of these questions is “no,” the fair use provision might apply. Still, there are certain restrictions.

There are also specific amounts of each kind of work that can be used and considered within the realm of “FAIR USE”

Work or Materials to be used for Educational Purposes

Books: One chapter can be copied for teacher and student use. That means if you have twenty students and a teacher, you can copy a chapter for everyone. You must always give the author credit.

Magazines and Articles: See books but subject to a smaller amount which can be used. You must alway give the author credit.

Pictures or Graphic Image: One picture can be copied for the class and teacher same as books. But not more than five images from the same author. You must always give credit to the author.

Motion Media: Film and Video -Single copy of up to 3 minutes or 10% of the whole, whichever is less. It can be used for an assignment and temporary purposes. Not long Term

Music: Single copy of up to 10% of a musical composition in print, sound, or multimedia form.

Broadcast Programs: Single copy of off-air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date.