Copyright and Fair Use

In the past, educators may have knowingly or unknowingly broken copyright law
and, until now, gotten away with it. Today, with the increasing use of the
Internet by teachers and students, teachers need to be aware of and follow all
copyright and fair use laws, especially since we should be setting a good example
for our students. Teachers must take the responsibility of teaching their
students an understanding of the copyright laws and fair use guidelines.
Students should understand that this is to protect the rights of the creators.
Besides teaching civic responsibility, we are also morally responsible for teaching
ethical responsibility. We must model the use of ethical and legal responsibility,
honesty and truthfulness. The taking and/or using of another's property or
work without permission is stealing. Educators and schools DO get 'caught' and
can be fined anywhere from hundreds to a hundred thousand dollars or more
for each infraction of the law. "Ignorance" of the law is not an excuse. To follow
is an outline of Copyright Law and Fair Use Guidelines to help you understand
what is and what is not allowable in the school setting.

What is "Copyright"? Copyright is a protection that covers published and

unpublished literary, scientific and artistic works, whatever the form of
expression, provided such works are fixed in a tangible or material form.If
you can see it, hear it, or touch it, and it an original creation, it may be copyright
protected. Copyright laws are based on these three beliefs:

that anyone who creates an original, tangible work deserves to be

compensated for that work,
that compensation encourages more creative works,
that society as a whole benefits from the creative efforts of its
members.

Copyright laws, therefore, are designed to protect a creator's rights to be

compensated and to control how his or her work is used. A copyrightable item is
an original work of authorship if it is fixed in tangible form. A great joke told
or a great song sung isn't protected by copyright until it's written down or
recorded. It must also be creative.Facts are not copyrightable, although a
clever collection of facts might be. Ideas are not copyrightable although a
particular expression of an idea is. It exists automatically from the moment a
work of authorship is created. It does not have to be registered to be
considered copyright protected. The author also does not have to announce that
the work is copyright protected, or display the copyright symbol to enjoy
copyright protection. All he or she has to do is create an original work in tangible
form. Prior to 1978, a person used to have to apply for copyright protection.
However, since that time, copyright law protects all works created, following the
above guidelines, whether or not a copyright notice is attached to the work. You,
as the creator of a tangible, original work, have the right to place the copyright
symbol () next to your name, even if you have not applied for copyright
protection. Examples of the proper way to display the copyright notice are:

Copyright (date of creation) (name of creator/owner)

(date of creation) (name of owner)
Copyright (date of creation) (name of creator/owner)

Sometimes the copyright statement shows more than one date which
would include dates the work was updated or modified. For example: '
2003 2004 Ann Tomlin. Although copyright expiration dates can vary from
country to country, generally they last for the life of the creator/owner
PLUS 50 years.

Copyrighted items
Things that may be copyrighted include nearly every original, tangible expression
included in these seven broad categories:

Literary works fiction and non-fiction, including books, periodicals,

manuscripts, computer programs, manuals, phonorecords, film, audiotapes,
and computer disks
Musical works and accompanying words songs, operas, and musical plays
Dramatic works including music plays and dramatic readings
Pantomimes and choreographic works dance routines
Sound recordings and records tapes, cassettes, and computer discs
Motion picture and audiovisual works slide/tape, multimedia
presentations, filmstrips, films, videos, DVDs
Pictorial, graphic and sculptural works final and applied arts,
photographs, prints and art reproductions, maps, globes, charts, technical
drawings, diagrams, and models
Non-copyrighted items
Works that have not been fixed in a tangible form of expression such as:

works in the public domain

mere facts
URLs
blank forms used to collect information rather than one that provides
information
titles
names
short phrases
slogans and logos (although they may be protected by trademark)
familiar symbols or designs
mere variations of typographic ornamentation, lettering, or coloring
mere listings of ingredients or contents.
ideas
procedures, methods, systems, processes, concepts, principles,
discoveries, or devices as distinguished from a description , and
explanation, or an illustration'
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.

HOWEVER...
A copyright item may be used or copied under certain conditions:

It is in the public domain work belonging to the public as a whole.

Permission (prior approval) to use is granted by the creator/copyright
owner.
There is a legal exception. Some items are exempt from copyright
protection and are clearly marked as such.
Fair use guidelines are followed when used for educational purposes.

When in doubt, assume a work is copyrighted. Ask permission and teach

students to ask permission before using any material about which there is a
question.
What is a Public Domain?
* Works or items originally non-copyrightable such as those listed above
* Works published between 1923 and 1978 that did not contain a valid copyright
notice
* Works published between 1923 and 1978 for which the copyright was not
renewed
* Works authored by the federal government (state government not addressed
in this law)
* Works specifically granted by the author to the public domain. Because of the
duration of copyright protection established in the 1976 revision of the U.S.
Copyright Act, works published after January 1, 1978 will not pass into the public
domain until at least 2048. Even anonymous works are copyright protected until
95 years after publication.

What is Fair Use?

The Fair Use doctrine was created to allow the use of copyrighted works for
criticism and commentary, parody, news reporting, research and scholarship,
and classroom instruction.

According to the 1976 Copyright Act, there are four criteria that are used to
determine fair use:

The purpose and character of the use. This includes whether such
use is of a commercial nature or is for non-profit educational
purposes.
The nature of the copyrighted work.
The amount and substantiality of the portion used in relation to
the copyrighted work as a whole.
The effect of the use upon the potential market for or value of
the copyrighted work. (This often carries the most weight in
deciding if copyright has been violated.)

Who can claim Fair Uses

Persons involved in education (teachers and students)

How can the materials be used?

For instruction

What is covered under Fair Use?

Text
Motion media
Music
Illustrations
Internet
Numerical Data Sets
Although fair use guidelines establish the maximum quantity of
copyrighted material you may use, always use the minimum amount
sufficient and necessary for teaching.

Web resource for teaching Copyright law and Fair Use guidelines for
students:
Copyright for Kids http://www.copyrightkids.org/

Web resources for requesting permission to use a copyrighted work:

From Landmark Project

Student Request http://www.landmark-
project.com/permission_student.php
Teacher Request http://www.landmark-project.com/permission1.php

Go to:
What is Copyright? Music Use
Retention Guidelines Photocopies and Scanners
Bibliography and Software Use
Resources Video Use
Internet Use

Also refer to: Copyright Support for Educators from North Carolina
Public Schools