Wednesday, October 10, 2012

What is the deal with Copyright?

Is copyright confusing? Check out the following table from Hal Davison's site:
eachers in the classroom make the decisions closest to the field of instruction and it is teachers that have been the greatest rights---rights that even their districts do not have. This Copyright Chart was designed to inform teachers of what they may do under the law.
Please reproduce it as necessary. A pdf form of the chart is available at
What You Can Do
 The Fine Print
 Printed Material
  • Poem less than 250 words
  • Excerpt of 250 words from a poem greater than 250 words
  • Articles, stories, or essays less than 2,500 words
  • Excerpt from a longer work (10% of work or 1,000 words, whichever is less--but a minimum of 500 words)
  • One chart, picture, diagram, graph, cartoon or picture per book or per periodical issue
  • Two pages (max) from an illustrated work less than 2,500 words (like childrens books)
Teachers may make multiple copies for classroom use.
Students may incorporate text in multimedia projects. Teachers may incorporate into multimedia for teaching courses.
One copy per student. Usage must be: At the "instance and inspiration of a single teacher" and when the time frame doesn't allow enough time for asking permission. Nine instances per class per term (newspapers can be used more often). Don't create anthologies. "Consumables" can't be copied. Copying can't be substitute for buying. Copies may be made only from legally acquired originals.
Teachers may keep multimedia for two years, after that permission is required. Students may keep in portfolio for life.
  • Portions of a work
  • An entire work
  • A work if "the existing format in which a work is stored has become obsolete"
A librarian may make up to three copies "solely for the purpose of replacement of a copy that is damaged, deteriorating, lost or stolen" The library must first determine that after "reasonable investigation that copy...cannot be obtained at a fair price" or that the format is obsolete.
 What You Can Do
  The Fine Print
  • Videotapes (purchased)
  • Videotape (rented)
  • DVD
  • Laser Discs
Teachers may use these materials in the classroom without restrictions of length, percentage, or multiple use
May be copied for archival purposes or to replace lost, damaged, or stolen copies.
The material must legitimately acquired. It must be used in a classroom or similar place "dedicated to face-to-face instruction". Not for use as entertainment or reward. The use should be instructional. The place should be a non-profit educational institution.
If replacements are unavailable at a fair price or are available only in obsolete formats (e.g., betamax videos).
  Video ("Motion Media") for Use in Multimedia Projects
  What You Can Do
  The Fine Print
  • Videotapes
  • DVD
  • Laser Discs
  • QuickTime Movies
  • Encyclopedias (CD ROM)
Students "may use portions of lawfully acquired copyrighted works in their academic multimedia", defined as 10% or three minutes (whichever is less) of "motion media" "Proper attribution and credit must be noted for all copyrighted works included in multimedia, including those prepared under fair use."Tina Ivany, UC San Diego 12/08/95
  Video for Integration into Video Projects
   What You Can Do
  The Fine Print
  • Videotapes
  • DVD
  • Laser Discs
  • QuickTime Movies
  • Encyclopedias (CD ROM)
Students "may use portions of lawfully acquired copyrighted works in their academic multimedia"  The material must legitimately acquired (a legal copy, not bootleg or home recording).
Illustrations and Photographs
 What You Can Do
  The Fine Print
  • Photograph
  • Illustration
  • Collections of photographs
  • Collections of illustrations
 Single works may be used in their entirety but not more than 5 images by an artist or photographer. From a collection, not more than 15 images or 10%, whichever is less. Older illustrations may be in the public domain, but the collection may be copyrighted.
 Music for Integration into Multimedia / Video Projects
 What You Can Do
  The Fine Print
  • Music
Up to 10% of a copyrighted musical composition may be reproduced, performed and displayed as part of a multimedia program produced by an educator or student for educational purposes. Authorities site a maximum length of 30 seconds. See notes by congressman below.
 Computer Software
 What You Can Do
  The Fine Print
  • Software purchased
  • Software licensed
Software may be lent by the library.
Software may be installed at home and at school.
Software may be installed on multiple machines.
Software may be copied for archival use to replace lost, damaged, stolen, copies.
Software can be distributed to users via a network.
Librarians may make archival copies.
Take aggressive action to monitor that copying is not taking place (for retention).
Only one machine at a time may use the program.
The number of machines being used must never exceed the number of licensed.
If unavailable at fair price or is an obsolete format.
The number of simultaneous users must not exceed the number of licenses. A network license may be required for multiple users.
 What You Can Do
  The Fine Print
  • Internet connections
  • World Wide Web
  • Images may be downloaded for student projects.§§ Sound files may be downloaded for use in projects (see portion restrictions above) §§ Video may be used in multimedia projects Resources from the web may not be reposted onto the Internet without permission.§§ Links to legitimate resources can be posted.§§ Downloaded resources must be legitemately acquired by the website.
    Television / Cable Channels
     What You Can Do
      The Fine Print
    • Broadcast (e.g.,ABC,NBC, CBS, UPN, PBS, local television stations)
    • Tapes made from broadcast
    • CNN
    • MTV
    • HBO (etc.)
    • Tapes made from cable.
    Broadcasts or tapes made from broadcasts may be used for instruction.
    Cable channel programs may be used with permission. Many programs may be retained for years --depending on the program. For reference, use Cable in the Classroom.
    To retain tapes, minimum rights allow for 10 school days. Enlightened rights holders often allow for much more. PBS series Reading Rainbow offers three year retention rights, for example. If you like it enough to keep it more than three years, buy it!
    The guidelines for television programs were defined by Congress before cable television was a factor. Cable programs are not technically covered by the same guidelines as broadcast television.
     Film or Filmstrip
     What You Can Do
      The Fine Print
    • 16 millimeter films
    • filmstrips
    "Teachers may duplicate a single copy of a small portion...for teaching purposes"
    These must be films or filmstrips that you own.
     Return for updates to: /copyrightchart.html

    Note: In the letter to Congressional Subcommittee Chair Kastenmeier dated 3/19/76 summarizing many of the above agreements, representatives of the Ad Hoc Committee of Educational institutions and Organizations of Copyright Law Revision and the Authors League of America, Inc., and the Association of American Publishers, Inc., state that these guidelines were "not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated [above] may nonetheless be permitted under the criterion of fair use."

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