The Copyright Law

Applications for Educational Environments

A.   Brief Background

á        First Law Passed in 1790

á        Copyright Act of 1909

á        1976 Copyright Omnibus Revision Act

á        Current Committee work to include latest trends with electronic media and information related to the Internet

 

B.   Interpreting the Copyright Law

á        How do you make decisions related to making copies of protected work for your class?

á        ÒFair UseÓ

á        Four Basic Criteria for determining the principle of fair use have been established.

 

C.   Four Criteria for Determining the Principle of ÒFair UseÓ

á        The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.

á        The nature of the copyrighted material.

á        The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

á        The effect of the use on the potential market for or value of the copyrighted work.

 

D.   For Educational Use, Teachers can make a single copy of:

á        Chapter from a book, article from a periodical or newspaper, short story or poem, or an illustration from these sources.

á        Fair Use stipulates the amount of material that can be copied:

á        1 illustration per source, 250 words from a poem, 10% of prose up to 1000 words

á        not more than 2 excerpts or 1 short poem, article, story, or essay from same author

á        does not apply to current news periodicals, newspapers, and current news sections of other periodicals

á        Teachers can make multiple copies of work if:

á        The number of copies does not exceed the number of students in a class

á        No more than 9 instances of multiple copying for 1 course during 1 class term

á        The need to make multiple copies meets the ÒSpontaneity TestÓ

á        Spontaneity Test

á        Copying must be initiated by the teacher and not directed or suggested by some other authority

á        Decision to use the material and the inspiration for use must occur close enough to the time to use it to preclude waiting for permission from copyright holder.

á        CanÕt use this same ÒinspirationÓ next time class is offered

 

E.   Market Value - Term of Copyright

á        Copying a work can not replace purchasing the work

á        Copying consumable materials (workbooks) is prohibited unless stated on the material (reproducible masters)

á        Out of print material can be copied and used until Òback in printÓ

á        Term of copyright is life of individual plus 50 years for individual author 100 years from creation or 75 years from publication applies to work for hire

F.   Computer Software

á        Amendment to Copyright law allows you to:

á        Make 1 back-up of software program or disks

á        Adapt program to another language if not available

á        Add features to the program to make better use of program

á        Adapt program to meet local needs

á        Amendment to Copyright Law states that you may NOT:

á        Make multiple copies of the program

á        Make addition copies from the back up disks

á        Sell your adaptations to the program

á        Make multiple copies of your adapted version for use

á        Use a single copy on the network without permission, a network license or the network version of the software.

 

G.   Guidelines for Videotaping

á        Guidelines allow you to:

á        Ask a media center to record a program for you

á        Keep a copy for 45 days, then erase taped program

á        Use the recorded program once in the 1st 10 days and a 2nd time if instruction needs to be reinforced

á        Make limited copies to be used but erase all copies after 45 days

á        Use part of the program

á        Continue use with permission for copyright holder

á        Guidelines do NOT allow you to:

á        Copy premium cable channels or services

á        Alter the content of the program

á        Exclude the copyright notice

á        Record a program before it has been requested by a teacher

á        Keep the program for more than 45 days

 

F.   Distance Learning Settings

á        Taping programs follows same guidelines as above

á        Re-broadcast must be with permission and:

á        be part of an ongoing instructional activity

á        be directly related to the teaching content

á        be received in classroom only

á        be aimed at regularly enrolled students

 

H.   Examples

1.      You are using a student workbook and want to make copies for all of your students.  What must be in place for you to do this and follow the copyright law?

2.      You purchase one copy of Math Blasters software, but have 5 computers in your classroom.  What can you do with this software?

3.      You have a video you have rented for your class and during the ÒshowingÓ a fire drill takes up the last half of class and you are not finished viewing the tape.  It is due back that afternoon.  What are your options?

4.      You have your students do a project designing a web page. They include graphics, animations, and text from the Internet.  Have they violated the copyright law?