Copyright
Guide Least Tern > Tech Class > Internet Ethics and Safety
Copyright
Guide
Below is a chart that summarizes for the school community the application of current copyright law and its application. Information has been gathered from several sources, including those listed in our Copyright (teaching activities) and Copyright & Plagiarism (for teachers) sections. The table format is copyrighted by Least Tern. We give permission to link to this site but not to reproduce it in any format without our written permission.
Color Guide:
May be used freely without permission Protected - Fair Use (permission must be obtained if possible& extent restrictions apply) - citation must accompany use
May not copy or use it without permission or purchase of copyright or license Grayish area - "short notice" rule probably applies but the jury is out - it is best to request permission Gray area - not fully covered in current legislation or case law - permission should be obtained Does not apply
Other (staff, clubs, after-school, parents, trustees)
Item - the following general restrictions apply Works in the public domain
One's own creative work, including articles, non-fiction, multimedia
Notes you have taken from a course or lecture
Consumable work materials (exercise books, standardized tests, answer sheets)
An item that grants use permission for non-profit use
Common Facts found in any source - this includes internet URL's (links)
Workbook pages from a book purchased by school but not purchased for every student
An out-of-print book that is still under copyright
Web page(s), activities, worksheets created during the school year by teacher for use in teaching that year for use by that teacher
note: may change if employment changes institution should negotiate ownership agreement if desired A copyrighted work that a student or teacher has purchased personally - school work use
A copyrighted work purchased by the Library or office in the school - school work use Extent restrictions: The following restrictions apply in terms of quatity of work that can be duplicated, copied, or used in a project: See also Quantity
An entire work (full magazine article, full story, full picture book web page, image) that is not in the public domain
Chapter from a book, article from a periodical or newspaper, short poem (essay, story) contained in a collection, chart (graph, diagram, drawing from a print source) for the purposes of research, teaching, or preparation for teaching
Poetry:
entire poem less than 250 words and printed on not more than 2 pages;
250 words of longer poemProse:
complete article, story, essay less than 2500 words;
other prose: 10% of the whole or less than 1000 words (500 words is always OK)Picture Book:
only 2 pages and this only if this does not exceed 10% of the text (not all)Illustration:
one (1) chart, graph, drawing, etc. per book, article, web page, etc.;
copies must be exact copies - resizing or other adaptation may violate copyright
Use - the following use restrictions apply in addition to Content Guidelines Distribution, Performance, Adaptation, Display, Reproduction of public domain materials to a class of enrolled students: Reproduction & Distribution of copyrighted materials: ONCE for inclusion in an individual student project, presentation, essay, etc.
ONCE for a project that will be archived by a student
For a project/lecture/presentation by a teacher that will be used again the next year
ONCE for 1 class of workshop students not enrolled in the school
ONCE for 1 class of enrolled students (Class 7 but not Class 9 taught by same teacher)
TO MULTIPLE CLASSES of students enrolled in the school
TO MULTIPLE workshop groups not enrolled in the school
Once for criticism, news reporting or commentary
Single copy of copied material retained by a teacher for teaching, research, or preparation for teaching (note that there are restriction on recopying)
Copies to create an anthology for use in school
Copies for student use in school to return to student at end of term/course
Copies for more students than are actually in the class
By teacher, for a single course during a school year (or trimester /semester course):
- 1 short poem, essay, article or 2 excerpts from the same author
- 3 or fewer works from a collective work or one periodical volume
- current news and magazine articles are exempted from this restriction
- copying may not create an anthology
- copies may not be sold to the students
Making an anthology or collection of video clips
Editing a video created by another student, teacher, company
Pressing a CD or DVD of a video
Multiple copying for one course exceeding 9 instances in a course period
Copying/taping from regular broadcast channels for school use
Copying/taping from cable channels for school use
Copying by a librarian in anticipation of a school use
Retention of copied AV material for up to 45 consecutive days (student viewing for first 10 school days only - once for instruction, once for reinforcement)
Retaping of program previously taped and erased after 45 days
Mail, newsgroups, blogs, etc. Quoting part of a posting for education purposes ONCE
Quoting part of a posting for education purposes MULTIPLE TIMES or for distribution to MULTIPLE CLASS GROUPS or on a public web site or in a public presentation (a password-protected site is non-public)
Forwarding or publishing an e-mail for the purpose of education (other than to its creator) ONCE
Forwarding or publishing an e-mail for the purpose of education (other than to its creator) Multiple times (EEG. to a conference or listserv)
Forwarding an e-mail for the purpose of non-education communication (other than to its creator)
Distance education or online lesson hosted on the School's network
Performance or display of copyrighted material: For profit (showing with entrance fee, t-shirt with logo sold to raise money, cartoon character used in a carnival event to raise money)
Not-for-profit performance within school for education purposes during school day and directly connected to a specific course content
Not-for-profit performance within school for education purposes during school day and not directly connected to a specific course content
Not-for-profit performance within school for club, parent group or other organization
Copying HTML and other Internet code
An adaptation of a copyrighted work for performance in a school class once - includes poetry, novel, story, drama, music, choreography, video, image of artwork
An adaptation of a copyrighted work for performance in school class for many performances or for multiple semesters or years
Showing of a video/DVD in class, purchased legally or rented by school, by a student or teacher, as part of teaching activities
Showing of a video/DVD in class, purchased legally or rented by teacher or student, by a student or teacher, as part of teaching activities
Showing of a video/DVD in class that has been purchased with performance rights or borrowed from a library that purchased it with performance rights
Showing of a video/DVD on a bus to or from a class trip during the school day
Showing or playing of any media legally acquired
Showing or playing of any media not legally acquired
Showing or playing of any media that is not materially important to the lesson at hand (in HR, out of synch with the normal lesson of the day)
Showing or playing of any media (including recorded TV) for purpose not directly related to the teaching objective (reinforcement, entertainment, reward...) unless public performance rights were purchased or Public TV use applies
Projection by teacher of copied print, image, sound via PowerPoint presentation or personal web page (not included in a server based site) - to be used more than one time
Guidelines for Multimedia (applying only to schools) Multimedia works made by students may be:
- used in the class for which they were created
- retained in a portfolio indefinitely
Multimedia works made by teachers may be:
- used in face-to-face instruction
- placed in the library or on a network or computer for students to view on their own time
- displayed by the teacher at conferences, etc.
- kept in portfolios for two years from time of first use if it contains copyrighted material (beyond this time, permission must be obtained for each copyrighted element)
Quantity restrictions from a single source for a single year/term (applies to students and teachers):
- film, video, TV, DVD (motion media) - 10% or 3 minutes, whichever is less
- poetry, prose, play (text) - up to 10% or 1000 words whichever is less - 3 poems by one poet or 5 poems by different poets from an anthology - 250 word limit for poems
- music lyrics, music video, music recordings - up to 10% but not exceeding 30 seconds from a single work or combined cuts from a work - includes audio file separated from a video track - fundamental melody must be maintained
- illustrations, photography, images of artwork, cartoons - used in its entirety with limit of 5 works by same copyright holder used in a single multimedia work - limit of 10 % or 15 images from a single source (book, web page, CD)
- numerical data sets (spreadsheets, databases, statistical material in chart form) - up to 10% or 2500 fields, whichever is less
Teacher may make only two copies of the multimedia product - co-authored works limited to one copy each
Network Restrictions (recommendations) for posting of materials under Fair Use Network must be secure - login required
Networked materials must restrict copying (prevent download, watermark images) of copyrighted material
Unsecure network:
- posted work must be date stamped
- limited to 15 days on the network
- limited to 2 years archive in all
- work must be clearly labeled "do not copy"
- A copyright policy that does the following
- Defines and explains Fair Use in the school
- Defines the Public Domain
- Explains that students and faculty hold copyright on the materials they produce
- Clarifies the school's position in terms of materials created by teachers for use in the classroom in that school (copyright and reproduction rights)
- Contains a sample contract agreement between the school and the teacher with regard to teacher-created materials
- Defines the consequences within the school of copyright infringement
- Includes a model copyright notice for all publications in all media
- Provides proper forms for citation of copyrighted material
- Provides a sample letter/email message for requesting permission to use copyright material
- Provides links to additional information and resources for education
- Is signed by students & parents
- Is in the teacher and staff handbook
- An OSP registration with the US Copyright Office - Digital Millennium Copyright Act (DMCA) forms and regulations
- Copyright notice for adults and older students (top) and younger students (bottom):
This work contains copyrighted materials that have been used under the Fair Use exemption of the U.S. Copyright Law.
I have used pictures and words by other people.
- Sample Copyright Policy
Essential Considerations and Questions
- Use must be at the inspiration of the individual teacher (not mandated by a department, administrator, district, state)
- The extent of use should always be considered
- The closeness of actual duplication to time of use must be considered: if a teacher has the time to obtain permission, he/she is expected to try to obtain it
- Not hearing a reply to a request for use is not the same as a yes
- Disclaimers on web sites, in publications, on purchased materials granting use to non-profits for non-profit use should not preclude a request to use if time allows
- All teacher and student use of copyrighted material should have a copyright notice clearly posted on the opening screen, in the header, and/or in all accompanying material (see above)
- All use of copyrighted material must include proper citation of the material
- Copyrighted works may be adapted to meet educational objectives. However, this adaptation must be clearly noted by the student or teacher
- Student and teacher work is copyrighted - it should contain an authorship statement and date of creation
- Copies of printed material (newspapers, magazine articles, ezine reprints, books and journals) must also contain the copyright information (masthead, etc.)
- All computer software is purchased with a license agreement. This agreement must be respected in school and in terms of distribution to faculty at home
- Notes:
- Single copies may be transparencies, which do not require recopying year to year
- Fair Use and Fair Use Guidelines for Educational Multimedia are not law - enforcement, interpretations and actual law vary from state to state
- Students in k-6 are generally granted more leeway under Fair Use, including Multimedia
- Many non-commercial web sites and most cable TV channels have specific policies, guidelines, and contacts to cover use and copy permissions. These should be checked.
- Carol Simpson calls the new, all-inclusive bibliography a mediography.
- Learn About Copyright & Plagiarism - resources for the educator and others
- Bibliographic Citation - forms and online creators
- Copyright Activities - lessons and online activities for teachers to use in the classroom
- Plagiarism Activities - lessons and activities specific to plagiarism by students
- For Parents - includes ways for parents to be partners with schools in avoiding plagiarism and promoting internet safety & responsibility
- Information Literacy - first meet with school librarians, then check out these further resources for learning about the literacy of accessing, controlling and using digital and other information
- AUP - sample policies, guidelines
- Copyright and Fair Use Guidelines for Teachers - another chart that looks at this material, focusing upon teacher use
Recommended Reads:
- Risks Involved in Integrating the Internet into the k-12 curriculum - Bernie Poole
- Internet & Computer Ethics for Kids (and Parents & Teachers Who Haven't Got a Clue) - this book is suitable for Middle School, for teachers, and for parent education
- Copyright 101 - by Carol Simpson - an article that presents and underscores the highlights of this topic
- Many of the concepts and the inspiration for this web page came from Carol Simpson's workshop entitled Future Learning: fulfilling the technology dream @ your library, Riverdale Country School, April 14, 2003.
- Simpson, Carol. Copy guidelines. 1995, 2002.
- Simpson, Carol. Copyright and audiovisual material. 1995, 1998.
- Simpson, Carol. Copyright and computer software. 1995.
- Simpson, Carol. Copyright and multimedia. 1996, 2001.
- Simpson, Carol. Copyright and the Internet. 1998, 2001.
- Simpson, Carol. Copyright law overview. 2002.
- Simpson, Carol. What is "Fair Use?". 1995.
E. Sky-McIlvain 4/1/04
