Use of Print and Electronic
Materials
Is It CopyRight Or CopyWrong?
April 3, 2008
Medaline Philbert
mphilbert@pace.edu
914-773-3945
Educational Technology Coordinator’s Advisory Board
Copyright Issues – a Quiz
A+ for participation!
MIT Libraries
Fair Use Quiz
https://libraries.mit.edu/files/ospcl/fair-use-quiz/
Overview
 Fair Use
 Teach Act
 Multimedia
 Permission/Licensing
 Review
 Resources
Fair Use
 Copyright Act 1976 – Title 17 Section 107
 Limitations on exclusive rights:
 Purpose and character of the use
 The nature of the work
 The portion used
 Effect of the use on the market
Fair Use contd…
 Copyrighted materials for Instruction:
 Location is dedicated to instruction and
material stays there
 Copy used is legitimate
 Material is not available for educational use
 Note: do not use technology for
entertainment; don’t use bootleg copies, get
permission when in doubt
Multimedia
 Fair Use Guidelines for Educational
Multimedia (preparation)
 Students may incorporate portions of works into
creation
 Faculty may incorporate others’ works into
creations to produce curriculum materials
Multimedia contd…
 Fair Use Guidelines for Educational
Multimedia (permitted uses)
 Students may perform and display own works
and may use in own portfolios (job and graduate
school interviews)
 Faculty may perform and display work created
for classroom, independent study students,
and online students
 Faculty may show creations at professional
symposia and retain same in portfolios (tenure,
job interview)
Multimedia contd…
 Fair Use Guidelines for Educational
Multimedia (limitations – whichever is less)
 Motion media (clips) – up to 10% or 3minutes
 Text – up to 10% or 1000 words
 Poems –
 Up to 250 words
 Three poem limit per poet
 Five poem limit by different poets from an
anthology
Multimedia contd…
 Fair Use Guidelines for Educational
Multimedia (specific limits - whichever is less)
 Music – up to 10% or 30 seconds
 Photos and images –
 Up to 5 works from one author
 Up to 10% or 15 works from a collection
 Database Information – up to 10% or 2,500
fields or cell entries
Teach Act
 Signed into law November 2, 2002
 Accredited non-profit educational institution or
governmental agency
 Policy on copyrighted materials is available
 Non-digital educational work (need permission
for marketed)
 Work was lawfully made and acquired
 Work is integral part of class session
Teach Act contd…
 Portion used is comparable to face-to-face
teaching
 Transmission, as technically feasible, is limited
to enrolled students in the class
 Reasonable measures implemented to prevent
retention of the work beyond class session and
unauthorized dissemination by recipients
 Notice accompany work informs students that it
maybe protected by copyright
Teach Act contd…
 Conversion from analog to digital is permitted
if a digital copy is not available to the
institution
 System will not interfere with the technological
controls of the material
 Copyright and Fair Use Blackboard FAQs
 Comparison Section 110(1)-(2) by Laura
Gasaway http://www.unc.edu/~unclng/TEACH.htm
Copyright Duration
 How long does a copyright last?
 After January 1, 1978, life of author plus 70
years
 Joint work by two or more authors, life of last
surviving author plus 70 years
 Work for hire, 95 years from publication, or
120 years from creation, which ever is shorter
 When Works Pass Into Public Domain
(Lolly Gasaway)
Permission/Licensing
 When in doubt seek permission!
 Copyright – The rights licensing experts
http://www.copyright.com/
 Fair Use Guidelines for Educational Multimedia
Andrews University
 Asking for Permission
Columbia University
Fair Use Copyright Quiz
 Copyright-CopyWrong?
Test your knowledge with Hall Davidson’s
Quiz
http://www.csus.edu/indiv/p/peachj/edte230/co
Answers with explanation
http://www.csus.edu/indiv/p/peachj/edte230/
Review - Chart
 Technology & Learning
Copyright and Fair Use Guidelines for Teachers
Resources
 Copyright and Ethical Use of Data
https://www.lib.umn.edu/datamanagement/copyright
 Copyright and the Online User
http://libguides.pace.edu/distance-education-services/copyright
 The Educator’s Guide to Copyright & Fair Use
http://www.halldavidson.net/TechLearningArticle.pdf
 Copyright and Fair Use in the Library: Educational
Multimedia http://molloy.libguides.com/c.php?
g=58155&p=373907
 Copyright and Fair Use – PowerPoint presentation
http://www.ivyrun.com/education/resources/copyright.htm
Resources contd…
 Digital Copyright - To subscribe e-mail: digital-
copyright-digest-subscribe@lists.umuc.edu
 Copyright Law of the United States
http://www.copyright.gov/
 Copyright-CopyWrong
http://www.csus.edu/indiv/p/peachj/edte230/copyright/#article
 Brooks-Young, Susan. Digital-age literacy for teachers:
applying technology standards in everyday practice.
Eugene, OR : International Society for Technology in Education,
c2007.
 Ibid – Making technology standards work for you: a guide
for school administrators. Eugene, OR : International Society
for Technology in Education, c2002.

Use of Print and Electronic Materials

  • 1.
    Use of Printand Electronic Materials Is It CopyRight Or CopyWrong? April 3, 2008 Medaline Philbert [email protected] 914-773-3945 Educational Technology Coordinator’s Advisory Board
  • 2.
    Copyright Issues –a Quiz A+ for participation! MIT Libraries Fair Use Quiz https://libraries.mit.edu/files/ospcl/fair-use-quiz/
  • 3.
    Overview  Fair Use Teach Act  Multimedia  Permission/Licensing  Review  Resources
  • 4.
    Fair Use  CopyrightAct 1976 – Title 17 Section 107  Limitations on exclusive rights:  Purpose and character of the use  The nature of the work  The portion used  Effect of the use on the market
  • 5.
    Fair Use contd… Copyrighted materials for Instruction:  Location is dedicated to instruction and material stays there  Copy used is legitimate  Material is not available for educational use  Note: do not use technology for entertainment; don’t use bootleg copies, get permission when in doubt
  • 6.
    Multimedia  Fair UseGuidelines for Educational Multimedia (preparation)  Students may incorporate portions of works into creation  Faculty may incorporate others’ works into creations to produce curriculum materials
  • 7.
    Multimedia contd…  FairUse Guidelines for Educational Multimedia (permitted uses)  Students may perform and display own works and may use in own portfolios (job and graduate school interviews)  Faculty may perform and display work created for classroom, independent study students, and online students  Faculty may show creations at professional symposia and retain same in portfolios (tenure, job interview)
  • 8.
    Multimedia contd…  FairUse Guidelines for Educational Multimedia (limitations – whichever is less)  Motion media (clips) – up to 10% or 3minutes  Text – up to 10% or 1000 words  Poems –  Up to 250 words  Three poem limit per poet  Five poem limit by different poets from an anthology
  • 9.
    Multimedia contd…  FairUse Guidelines for Educational Multimedia (specific limits - whichever is less)  Music – up to 10% or 30 seconds  Photos and images –  Up to 5 works from one author  Up to 10% or 15 works from a collection  Database Information – up to 10% or 2,500 fields or cell entries
  • 10.
    Teach Act  Signedinto law November 2, 2002  Accredited non-profit educational institution or governmental agency  Policy on copyrighted materials is available  Non-digital educational work (need permission for marketed)  Work was lawfully made and acquired  Work is integral part of class session
  • 11.
    Teach Act contd… Portion used is comparable to face-to-face teaching  Transmission, as technically feasible, is limited to enrolled students in the class  Reasonable measures implemented to prevent retention of the work beyond class session and unauthorized dissemination by recipients  Notice accompany work informs students that it maybe protected by copyright
  • 12.
    Teach Act contd… Conversion from analog to digital is permitted if a digital copy is not available to the institution  System will not interfere with the technological controls of the material  Copyright and Fair Use Blackboard FAQs  Comparison Section 110(1)-(2) by Laura Gasaway http://www.unc.edu/~unclng/TEACH.htm
  • 13.
    Copyright Duration  Howlong does a copyright last?  After January 1, 1978, life of author plus 70 years  Joint work by two or more authors, life of last surviving author plus 70 years  Work for hire, 95 years from publication, or 120 years from creation, which ever is shorter  When Works Pass Into Public Domain (Lolly Gasaway)
  • 14.
    Permission/Licensing  When indoubt seek permission!  Copyright – The rights licensing experts http://www.copyright.com/  Fair Use Guidelines for Educational Multimedia Andrews University  Asking for Permission Columbia University
  • 15.
    Fair Use CopyrightQuiz  Copyright-CopyWrong? Test your knowledge with Hall Davidson’s Quiz http://www.csus.edu/indiv/p/peachj/edte230/co Answers with explanation http://www.csus.edu/indiv/p/peachj/edte230/
  • 16.
    Review - Chart Technology & Learning Copyright and Fair Use Guidelines for Teachers
  • 17.
    Resources  Copyright andEthical Use of Data https://www.lib.umn.edu/datamanagement/copyright  Copyright and the Online User http://libguides.pace.edu/distance-education-services/copyright  The Educator’s Guide to Copyright & Fair Use http://www.halldavidson.net/TechLearningArticle.pdf  Copyright and Fair Use in the Library: Educational Multimedia http://molloy.libguides.com/c.php? g=58155&p=373907  Copyright and Fair Use – PowerPoint presentation http://www.ivyrun.com/education/resources/copyright.htm
  • 18.
    Resources contd…  DigitalCopyright - To subscribe e-mail: digital- [email protected]  Copyright Law of the United States http://www.copyright.gov/  Copyright-CopyWrong http://www.csus.edu/indiv/p/peachj/edte230/copyright/#article  Brooks-Young, Susan. Digital-age literacy for teachers: applying technology standards in everyday practice. Eugene, OR : International Society for Technology in Education, c2007.  Ibid – Making technology standards work for you: a guide for school administrators. Eugene, OR : International Society for Technology in Education, c2002.

Editor's Notes

  • #5Ā use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright