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Have you made copies of consumable workbooks? Have you rented a
video from the local video rental store and shown it to your students
as a reward for good behavior? Have you purchased a new software
program for your home computer and also installed it on your
classroom computer? Congratulations - you've probably just violated
federal law. Chances are your family and friends won't have to come
visit you in the federal pen, but to be on the safe side and avoid
the possibility of an embarrassing copyright infringement case,
please take a few minutes to read the following FAQ's about
copyright. If you have questions about copyright, the media staff in
your building are a valuable resource.
What exactly is
copyright?
Under U.S. copyright law, any work of authorship is immediately
protected as soon as the work is fixed in a tangible medium, such as
electronic and print media. Ideas or facts cannot be copyrighted,
only the expression of ideas and facts can be protected. For
instance, information in a phone book is public domain. However, an
essay you write about telephones is protected by copyright laws.
You are free to copy any work that was first published in the U.S.
more than 75 years ago, since these works are now in the public
domain. Copyrights in effect as of January 1, 1978, have been
extended to 75 years from the first date of copyright. Works created
on or after January 1, 1978 are protected for 50 years beyond the
life of the author (75 years for anonymous works). Anything created
since March 1, 1989, no longer needs a copyright notice - that
little © followed by the year and author's name. Although it is
still a good idea to include a copyright statement to remind people
of the law.
What does owning a copyright
mean?
It means that no one can copy, distribute, display, or adapt an
expression without the permission of the author. This consent may be
given for free, for a fee, or on the condition that appropriate
recognition is given to the author of the work. It is best to contact
the author of a work you would like to use and obtain permission.
Penalties for copyright infringement can range anywhere from $500 to
$250,000.
Are there
instances where I can use portions of copyrighted
material?
The Copyright Act of 1976 limits the exclusive rights of copyright
holders. In order to promote free speech, learning, research, and
discussion, it was decided to limit the rights of copyright holders
through the concept of fair use. Yes, as an educator there are
times when you can use the fair use guidelines to determine if
it is legal to use copyrighted material.
What are the fair use
guidelines?
• The purpose and character of use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes.
Is
this use for educational purposes?
Is
the copy being made as the result of poor planning or lack or
preparation?
• The nature of the copyrighted work.
Are
there other methods or materials available that would satisfy this
need?
Factual
materials get more leeway in copying than a work of fiction or a work
of art.
• The amount and substantiality of the portion used in relation
to the copyrighted work as a whole.
Have
you exceeded the portion
limitations allowed for the
work?
Rule
of thumb is to copy no more than 10% of any given work.
For
its intended use, would fewer copies or a shorter version
suffice?
• The effect of the use upon the potential market for or value
of the copyrighted work.
Is
this copy being made to avoid purchase?
Is
this item continually being copied?
Is
the item copied to be kept for repeated use?
Will
anyone be charged in any way for the use of this item?
Is
the item to be copied considered a consumable item by its
producer?
If you can honestly answer, No to all the questions above, you
have made every effort to comply with the fair use guidelines for a
copyrighted work. These guidelines do not apply to works for which
permission has been obtained or works in the public domain.
If your answer is Yes to any of the above questions, you have
three options: 1) don't copy the work, 2) consult with your building
media specialist for alternatives, or 3) ask the author for
permission.
What are
the portion limits for different media?
These guidelines apply to the total amount of material from a a
single copyrighted work ( in each alternative, it is the lesser of
the the two):
• Motion Media: 10% or 3 minutes
• Text Material: 10% or 1000 words
• Poetry: an entire poem of less than 250 words; no more than 3
poems by one poet or 5 poems from a single anthology; in poems of
greater length you can use up to 250 words
• Music, Lyrics, Music Video: 10% or 30 seconds
• Numerical Data Sets: 10% or 2500 fields or cell entries
• Illustrations & Photographs: a single illustration or
photograph; 10% or 15 images in a collection; no more than 5 items by
a single artist or photographer.
What are some
permitted uses by students?
• Students may incorporate portions
of lawfully acquired copyrighted works when producing their own
educational projects for a specific course.
• They may perform and display their own projects in the course
for which they were created.
• They are allowed to retain these projects indefinitely in
their own portfolios as examples of their academic work for later
personal uses such as job and school interviews.
What are some
permitted uses by educators?
• Educators may incorporate portions
of lawfully acquired copyrighted works when producing projects to
support their teaching needs.
• They may present their own multimedia projects to their peers
at workshops and conferences.
• These projects can be retained for portfolios, job interviews,
and reviews.
• Projects may be retained for 2 years after the first
instructional use with a class. After that time permission
must be obtained for each copyrighted portion, even if the intended
use is for educational purposes.
What can I
legally copy from print material?
You are allowed to make 1 copy for research or use in teaching a
chapter from a book, an article from a periodical or newspaper, a
short story, short essay or poem, a chart, graph, diagram, drawing,
cartoon or picture.
You can also make multiple copies (not to exceed more than one copy
per student) of print materials provided that copying meets the test
of brevity and spontaneity, meaning time does not allow for
purchasing the material, the material is used only once, and
the copyright is printed on each copy of the material.
What are some prohibited practices with
print material?
• Copying of consumable material such as workbooks and
standardized tests.
• Using copying as a substitute for purchasing materials.
• Repeated copying of the same item by the same staff member
from term to term.
• More than 9 instances of multiple copying for one course
during a term.
What about the new Frank Schaefer
activity book I just purchased?
You can make copies of activities for your students, however other
teachers in your building cannot make copies from this book. Each
classroom teacher needs to purchase their own copy of the book.
Can I rent a video or
bring in a video from home to show in the classroom?
The answer is Yes and No. Yes, you can show a video
as long as it is used as part of an instructional lesson. No, you
cannot use videos licensed for Home Use Only in a classroom
for entertainment or reward. If you go to your local video rental
store and rent a copy of Where the Red Fern Grows, it must be
connected to a unit of study in your classroom. It cannot be shown
during a classroom party or used as a reward.
What else should I know about video
recordings?
• Check the taping
rights for instructional television programs (ITV) aired
on Wisconsin
Public Television. The
Parade
of Programs guide lists taping rights of ITV
programs. Most programs have Extended
Use (programs may be taped and reused for the life of the
series on Wisconsin Public Television) or
School Year Use (programs may be taped for
repeated use during the school year). Some programs only allow Seven
Day Use.
• Requests for taping of ITV programs can be made only at the
request of individual teachers. Media staff cannot regularly record
ITV programs in anticipation of requests.
• Taping programs on premium channels (Disney, HBO) and
nonbroadcast channels (ESPN, MTV) for use in the classroom is
prohibited.
• You cannot tape programs off broadcast or cable television at
home for use in school.
• Duplicating copyrighted videos is illegal.
What about computer
software?
Reproduction of computer software is outside the scope of
fair use. Generally you, the purchaser, are
granted the right to make one backup copy of the original program.
This copy is to be used only if the original is lost or
destroyed.
There are 4 different categories of software: commercial, shareware,
freeware, and public domain. Each type of software has different
copyright implications. Consult the technology resource person or
media specialist in your building for more information on the
licensing available for software in your building.
Commercial software can be sold in different licensing agreements:
individual, lab packs, building or site, district, and network. Be
sure to read the accompanying license agreement that comes with
commercial software. Individual licenses allow the user to install
the program on only one computer at a time. This means that a
program you buy for your home computer cannot be installed on a
computer in your classroom, unless the producer gives permission. Lab
packs usually allow installation on 5 computers. A building site
license will allow the program to be installed on all computers in
that building. A district site license extends use to all computers
in a school district. Network licensing allows all computers hooked
up to that network to use the program.
Shareware is software that is distributed free of charge, but is
still protected by copyright, even though no copyright notice is
given. Users can try the program for an evaluative period, after
which time they may be asked to pay the author a specified fee if
they continue to use the program. Those who register typically
receive product support and upgrades.
Freeware is just what it sounds like, software that is free for the
user. The author retains the copyright, but encourages you to freely
copy and distribute the program at no cost.
Public domain software is not subject to any copyright restrictions.
It can be copied and redistributed freely.
What about
copyright and the Internet?
The rapid growth of the Internet, along with its inherent traits
of global access, transferability, and ease of use has created a
copyright nightmare. Text, graphics, video, and audio can easily be
copied from someone's web page without their permission. Many
copyrighted works have been posted to the Internet without
authorization of the creator. Keep in mind that the same copyright
guidelines for print materials also apply to material available on
the Internet. Students who use information located on the Internet
must credit sources (give full bibliographic descriptions where
available). Do not download/save text, images, audio or video clips
from someone's web page without their permission. Use reputable web
sites when downloading software. If you design web pages be sure that
you have obtained permission for all items
included on your page(s). Be sure to display copyright information on
your pages (ie., Copyright © 1999 School District of
Beloit).
When is
permission required?
- • When the purpose is non-educational or for commercial
distribution.
- • When duplication is beyond the listed limits.
- • When portion limits for
the medium would be exceeded.
- • Requests for permission should include: 1) title of the
work, 2) date of copyright, 3) specific material to be used, 4)
number of copies, 5) manner of distribution, 6) type of
reproduction, and 7) purpose of use.
When do I need to
include a copyright notice?
• Be sure to credit the sources and display the copyright
notice and copyright ownership for all incorporated works, including
those prepared under fair use (ie., Copyright © 1998 Freedom
Press).
• It is a good idea to copyright your institutional and
individual work.
Where are some
other resources on the World Wide Web?
10 Big Myths
about Copyright Explained
Brief Introduction
to Copyright
The Copyright Website
Stanford University
Copyright & Fair Use Site
U.S. Copyright
Office
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