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Understanding Copyright
August 2022
What is Copyright Law?
Copyright Act of 1976 provides protection to authors of creative works over the works they have created.
Works include: literary, musical, dramatic, artistic, audiovisual, computer programs, and website content.
Copyright gives creators exclusive rights to determine how their work is reproduced, distributed, performed, displayed, or transmitted.
Since copyright applies to nearly all media resources used within a school setting, it is important for school staff to understand it and use it in a way to benefit their students while still respecting the legal rights of the copyright holders.
FAIR USE DOCTRINE
Under the Fair Use Doctrine, the law allows teachers and students the use of portions of copyrighted work without permission from the owner.
There are 4 factors to consider in determining if the use of a copyrighted material qualifies for Fair Use.
- The purpose and character of the use. (Copying for commercial purposes or profits is not allowed.)
- The nature of the copyrighted work. (Copying consumable items, items that require royalty, and musical compositions, dramas, and audiovisual works is not allowed.)
- The amount being copied. (Unreasonable amounts or excessive quantities are not allowed.)
- The effect on the value of the copyrighted work. ( If copying is done to avoid purchasing, or if copying will adversely affect the sale of the item, it is not allowed.)
FAIR USE - PURPOSE
Favoring Fair Use
- Teaching (including multiple copies for classroom use)
- Research
- Criticism or Comment
- Scholarship
- Transformative or productive use (Changes the work for new utility)
- Restricted access (To current students, classroom, other limited groups)
Opposing Fair Use
- Entertainment
- Profiting from use
- Commercial activity
- Non-transformative, exact copy
- Denying credit to the original author
Adapted from the “Fair Use Checklist” initially created by Kenneth D. Crews
(Columbia University) and Dwayne K. Buttler (University of Louisvile)
3 Tests of Fair Use
For reproduction that is allowed under Fair Use, there are 3 tests:
- The Spontaneity Test – Teacher just decided to use this material and doesn’t have time to request permission. Please try to locate the author’s email and ask permission.
- The Brevity Test – Short sections, usually less than 10%
- The Cumulative Effect Test – Copying is for only one course in the school; no more than 9 instances of such multiple copying for one course during one class term; no more than 3 from the same collective work during one class term
Prohibited under Fair Use
The following instances of multiple copies are NOT allowed at all under Fair Use.
- Cannot be used to create or replace an anthology, compilation or collective works.
- Cannot copy from works intended to be consumable, such as workbooks, exercises, standardized tests, etc.
- Copying shall not substitute for the purchase of books or be repeated by the same teacher from term to term.
- Students cannot be charged.
Current Concerns in Education
Music
Must be used for educational purposes…Enhance classroom curriculum
- Legal copy must be purchased for rights to use with music, art, band performances.
- Use only the quantity required to address the lesson/curriculum.
- You may use music that has been placed in the Public Domain or Creative Commons for videos.
- Do not use for entertainment (non-curricular related) or post to Web or other public forum.
- Personal copies of music purchased are for the person who purchased it, not for an audience.
If creating a video of reading a book, do not post to the Web or other public forum without consent from the author.
Give credit to the author if written consent has been obtained if creating a video.
During COVID-19, a Publisher Information Directory has been created by the School Library Journal to provide a one-stop spot to check to see what publishers are granting permission to read their books online without breaking copyright…Guidelines and dates in the document need to be followed.
Most publishers put an expiration date on for permission for books to be read online for December 31, 2020.
After the expiration date, all videos of book being read need to be removed or disabled.
- Portions of legally obtained movies can be used within classroom setting for curricular needs.
Small portion can be posted if tied directly to lesson on a secure platform that requires password or code to login such as Canvas or Google Classroom…Remove/disable post once no longer needed.
If using for “Entertainment” purposes, your building or class will need to have a subscription to a Movie Licensing site. Only movies listed on the site may be used for “Entertainment” purposes.
WSGC Video Streaming
Swank K-12 Streaming
The Swank K-12 Streaming library provides access to over 30,000 movies, documentaries and foreign language films for instructional support.
You now have access to a curated collection of top, educational films which are click-and-play ready in your streaming library. You are also able to search the entire library of films and request new films be added. These requests will either be approved or denied by your school’s
Swank Administrator: Angela Houf
Streaming Portal URL: https://digitalcampus.swankmp.net/wsgc390569
This website URL should be bookmarked as it is your access point to the streaming library moving forward.
(Please note, this website URL should not be shared with students.)