1. Part 2: Is Fair Use a License to Steal?
1.1. According to the Copyright Act of 1976, "In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:
1.1.1. 1: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
1.1.1.1. Does the new work transform the original work or offer something beyond the original? Copyrighted works that are altered significantly are more likely to be considered fair use. Is the use for nonprofit or educational purposes? Copyrighted works used for nonprofit or educational purposes are more likely to be considered fair use.
1.1.2. 2: The nature of the copyrighted work.
1.1.2.1. Is the copyrighted work published or unpublished? Published works are more likely to be considered fair use. Is the original work out of print? Out of print works are more likely to be considered fair use. Is the copyrighted work factual or creative? Factual works are more likely to be considered fair use.
1.1.3. 3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
1.1.3.1. Is the amount of the original work used reasonable? The smaller the percentage of the work used, the more likely it is to qualify as fair use. Is the section of the original work used the most important part of the work? The less significant the portion of the work used, the more likely it is to be considered fair use.
1.1.4. 4: The effect of the use upon the potential market for or value of the copyrighted work.
1.1.4.1. Does the new work appeal to the same audience as the original work? Copyrighted works that are used for another purpose or designed to appeal to a different audience are more likely to be considered fair use.
1.2. Movies, TV, and Videotapes
1.2.1. For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) may be made if the unit is out of print or available only in a larger work.
1.2.2. Sheet music that has been purchased may be edited or simplified if the fundamental character of the work is not distorted and that lyrics are not altered or added.
1.2.3. In 1981, a congressional subcommittee developed guidelines for off-air taping of television and radio broadcasts for educational use.
1.2.3.1. -the program is recorded simultaneously with the broadcast. -the program is being broadcast without charge. -the program is recorded only in response to a specific request. -the program is recorded (but not necessarily used) in its entirety. -the program is not altered. -the tape is retained by the educational institution for no longer that 45 days after the date of the recording. -the tape is used only once with each class during the first ten consecutive school days of -the 45-day retention period. -the tape is used from the tenth to the 45th day of the retention period for teacher-evaluation purposes only.
1.3. Guidelines for Educators: When it's acceptable to make copies.
1.3.1. -a single chapter from a book -an excerpt from a work that combines language and illustrations, such as a children's book, not exceeding two pages or 10 percent of the work, whichever is less -a poem of 250 words or less or up to 250 words of a longer poem -an article, short story, or essay of 2,500 words or less, or excerpts of up to 1,000 words or 10 percent of a longer work, whichever is less; or -a single chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
2. Part 3: Copyright Laws and New Technology
2.1. Quick Copyright Facts
2.1.1. Most information on the Internet is not in the public domain.
2.1.2. Most software, including freeware, is not in the public domain.
2.1.3. A good way to determine whether a multimedia resource is copyright protected or in the public domain is to relate it as closely as possible to a print resource.
2.1.4. Sometimes, asking permission is simply polite, even if you're not legally required to do so!
2.2. Things to Avoid
2.2.1. -Copying and posting links that contain descriptions of the linked sites, although posting links that contain only a URL and the title of the site is generally acceptable.
2.2.2. -Downloading graphics, including bullets, logos, fonts, photographs, and illustrations.
2.2.3. -Framing information from another site, particularly if you delete the site's ads or identifying information or make it look as if the information is your own.
2.2.4. -Deep-linking to an interior page of a site. Bypassing advertising or identifying information on a site's main page may deprive the copyright owner of revenue.
2.2.5. -Copying a site's html code.
2.3. Big No No's with Software
2.3.1. -Do not install personal commercial or shareware software on school computers.
2.3.2. - Do not make copies of personal commercial software and distribute them to teachers or students.
2.3.3. -Do not make copies of commercial software licensed to your school or district and distribute them to teachers or students.
2.3.4. -Do not use shareware for extended periods, usually stipulated in the licensing agreement, without paying for it.
2.3.5. -Do not alter commercial or shareware software in any way.
2.3.6. -Do not alter freeware for commercial purposes.
3. 4. Applying Fair Use to New Technologies
3.1. Multimedia Project Guidelines
3.1.1. Fair use guidelines allow educators to use copyrighted works to create educational multimedia projects for
3.1.1.1. -Face-to-face student instruction
3.1.1.2. -Directed student self-study
3.1.1.3. -Real-time remote instruction, review, or directed self-study
3.1.1.4. -Presentation at peer workshops and conferences
3.1.1.5. -Such personal uses as tenure review or job interviews.
3.1.2. Fair use guidelines allow students to use copyrighted works to create educational multimedia projects for
3.1.2.1. -Fulfilling course requirements
3.1.2.2. -Inclusion in portfolios as examples of academic work
3.1.2.3. -Such personal uses as job and graduate school interviews.
4. Part 1: Copyright and Copy Wrongs
4.1. 1: All tangible creative works are protected by copyright immediately upon creation.
4.1.1. According to the law, copyrightable work must be tangible. It must be written down or recorded to be considered tangible.
4.1.2. Copyrighted work must be creative. Mere facts and ideas cannot be copyrighted.
4.2. 2: Quoting or crediting the author of a copied work does not satisfy copyright requirements.
4.3. 3: When in doubt about either the copyright status of a work or the appropriateness of your use of that work, get permission.
4.3.1. Items that are not under copyright protection:
4.3.1.1. Torks that have not been fixed in a tangible form of expression.
4.3.1.2. Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
4.3.1.3. Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices -- as distinguished from a description, an explanation, or an illustration.
4.3.1.4. works consisting entirely of information that is common property and contains no original authorship, such as standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources.
5. 5. District Liability and Teaching Responsibility
5.1. Copyright Laws Students Should Know
5.1.1. -Students should understand that copyright law is designed to protect the financial interests of those who create original work; that financial rewards provide the incentive for the creation of more original works; and that obeying copyright laws benefits society by ensuring a steady supply of creative works.
5.1.2. -Students should understand that most of the materials they use are protected by copyright; that the creator owns copyrighted work; and that they have to ask permission to use it.
5.1.3. -Students should know how to find the owner of a copyrighted work and how to ask permission to use that work.
5.2. District Liability
5.2.1. -Establish a process to ensure that all materials on the district Web site are closely evaluated.
5.2.2. -Provide professional development for teachers and instruction to students about defamation, invasion of privacy, harassment, and copyright law.
5.2.3. -Include an immunity provision in the policy.
5.2.4. -Take prompt action if accusations are made.
5.2.5. -Be prepared to stand up for staff or students if false accusations are made.
5.3. Teaching Responsibility
5.3.1. 1. "Help students learn about the value of created works and develop respect for the creators by discussing the importance of such works on the advancement of society."
5.3.2. 2. "Teach students to request permission when in doubt about the status of a particular work or the appropriateness of their use of that work."
5.3.3. 3. "Teach students to request permission when in doubt about the status of a particular work or the appropriateness of their use of that work."