Copyright, Fair Use and Photocopying For Classroom Use- - PowerPoint Presentation

Slide1

Copyright, Fair Use and Photocopying For Classroom Use- Is it legal?

L. J. Price Middle SchoolMrs. RosadoFall 2013Slide2

What is Copyright?

Copyright protection exists from the moment a work

is

created in a fixed, tangible form of expression. The

copyright

immediately

becomes

the property of the

author

who created the work. Only the author, or

those

deriving their rights through the author, can

rightfully

claim copyright. In the case of works

made

for hire, the employer—not the writer—is considered

the

author

.

(Copyright Clearance House, 2013)Slide3

What is Fair Use?

Section 107 of the Copyright law says “Fair

use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder or its agent. These include instances of minimal use that do not interfere with the copyright holder's exclusive rights to reproduce and reuse the

work.

Fair use is primarily intended to allow the use of copyright-protected works for commentary, parody, news reporting, research and education

.”

(Copyright Clearance Center, 2013)Slide4

How Does Fair Use Effect Schools?

The Fair Use Doctrine is what allows educators and students to use other people’s works

Photocopies for Faculty Criteria

One copy can be made for your personal educational use

and becomes yours

The location where you have made the request must have

the Register’s Notice visible.

Let’s See How Fair Use Works

:Slide5

Spontaneous- produced on spur of moment for one time use. Examples: article from the today’s daily newspaper

Unplanned nature of the useWork is so new the instructor could not possibly receive permission to use**Falls Under Fair Use and Is Acceptable

Types of Classroom Handouts

Planned- applies to handouts that are either used repeatedly and have existed long enough to get permission

Example: Article in the above example used term

after term

** Would not be AcceptableSlide6

Classroom GuidelinesSingle Copy for Teacher

Make a single copy for your use in teaching or preparing to teach a class:A chapter from a bookAn article from a newspaper or periodicalShort story, essay or short poemA chart, graph, diagram, drawing,

cartoon or picture from a book,

periodical or newspaperSlide7

Classroom Guidelines Multiple Copies Part 1

Multiple copies not to exceed one per student may be made provided that:Copying meets Brevity which refers to the limited amount of a work that is copiedPoem – complete poem if 250 words or less or not more than 250 words of a longer poem

Prose- complete essay, article or story if less than 2500 words, or 1000 words or less than 10% of a longer work

One illustration, chart or diagram per book or periodical

“Special” works – such as a children’s book – no more than two pages or less than 10% of the totalSlide8

Classroom Guidelines Multiple Copies Part 2

B. Spontaneity –Copying is at the instance and inspiration of the individual teacherInspiration and decision to use the work and the moment of its us for teaching is less than can be expected to request and receive permission

C. Cumulative Effect –

- Copying is for only one course

- No more than one short poem, article, story or essay can be made from a work

- No more than nine instances of copying per term

Slide9

Classroom Guidelines Multiple Copies Part 3

D. Prohibitions- This is our area of concernCopying shall not be used to create, replace or substitute for anthologies

Copying shall not:

Substitute

for purchase of

books or be

directed by

higher

authority

Be repeated with respect to the same item by the same teacher term after term and charges for the copies should not exceed the actual costThere shall be no copying of or from works intended to be “consumables” such as text workbooks, study sheets, exercises or testing materialsSlide10

What You Can Do?Determine if the photocopy request you are making falls under Fair Use.

Determine ways to adjust your teaching plans to meet the Fair Use GuidelinesSlide11

Why Should I Be Worried About Copyright?

You are probably thinking “No one will ever know that I violated copyright.”

You’re right – the creator may never find out

.

But would you want someone using your work

without giving you credit or

compensation?

It is unethical

.Slide12

Scenario 1

Rezoning has taken place in the school system. As the workbooks for the math classes were handed out it was determined you were five short. It was determined that it would take a month to get extra books to the school.Can you make copies for the five students?No. According to The Copyright Clearing House,

“There shall be no copying of or from works intended

to be “consumable: in the course of study or teaching

– such as workbooks, exercises, standardized test…”

(Copyright Clearing House, 2013)Slide13

Scenario 2

A new student has been assigned to your classroom. You notice that he cannot see the board well and he is squinting. You ask Mrs. Foster about him and discover he has an IEP that states he needs worksheets (pages) blown up. Can you legally make copies for him?

Answer: Yes, Copyright Law states a student with a

documented disability can receive coursework in an

appropriate format.Slide14

Scenario 3

In your Social Studies class you are studying the Middle East. In the morning newspaper is a wonderful article that contains the answers to the questions your students were asking yesterday.Can you make a copy for each student of the article?Yes. You may make multiple copies for use because of

the brevity of the article and spontaneity. In other words

t

he article just appeared in the morning paper and you do

n

ot copy the whole

newspaper.Slide15

ReferencesThe Campus Guide to Copyright Compliance. (

n.d.). Copyright Licensing Experts | Copyright Clearance Center. Retrieved July 1, 2013, from http://www.copyright.com/Services/copyrightoncampus/intro/index.html