RULES AND
REGULATIONS
OF
COPYRIGHT
By: Melissa Herring and Nancy
Nichols
Are you Guilty or Innocent?
If you have ever:
– Mass copied workbook pages (not released for
photocopying).
– Handed out a photocopy of a complete poem
from a Shel Silverstein book.
– Used more than 10% or 30 seconds of a song for a
project.
– Copied textbook pages without permission….
YOU ARE GUILTY OF
INFRINGEMENT!!!!
You could be fined!
• Did you know the court can award up to
$150,000 for each separate conviction of
willful infringement?
• Did you realize items you unlawfully copyright
can be impounded or even destroyed??
The Defense…
Being charged with infringement means you
have used copyrighted material without
authorization!
Fair Use:
– You may reproduce any copyrighted material for a
limited purpose if following the specific criteria set
out under “fair use.”
– To avoid infringement, permission should be
requested if reproducing more than the amounts
by which you are limited.
Fair Use Considers:
– The reason and nature of use.
– The structure of the work.
– The amount or portion used.
– The consequences of the use on the marketplace.
What are You Allowed
to do within your
Classroom?
With Multimedia…
Limitations
• Any multimedia materials used
within an educational course may
be implemented for up to two
years.
• You can only make two copies of
a multimedia project. An
additional copy may be made for
safe keeping.
• If a project is created by two or
more people, each person may
keep one copy for educational
purposes.
• Permission must be obtained if
the project is used outside of the
educational realm.
• Portion limitations apply to
the following:
– No more than 10% or 30
seconds of a musical work;
including lyrics.
– No more that 10% or three
minutes of motion media;
animation, video, or film.
– No more than five images of
photography or illustration per
artist.
– No more than 10% of a
copyrighted database.
What are You Allowed to do within
your Classroom?
With Music…
• Music instructors may
reproduce sheet music and
print by excerpt, or 10%
only.
• Single recordings may be
copied, one per student, for
rehearsal or evaluation
• A single copy of any sound
recordings may be kept by
the educational facility or
the individual teacher.
Limitations…
• Copying of sheet music to create
a compilation is not allowed.
• Workbooks and other
consumables used for teaching
may not be reproduced.
• Sheet music or recordings for
performance purposes may not
be copied unless an emergency
exists and substitutions or
permission could not be obtained
on such short notice.
• Reproduction without copyright
notice appearing on the copy is
not allowed.
What are You Allowed to
do within your Classroom?
With Film…
• No license from the
copyright holder is needed
when a teacher uses a
purchased or rented film
within the classroom
setting, but the teacher or a
substitute must be present.
• The film must be legally
rented or purchased.
Limitations…
• Using a remote memory
storage facility to obtain the
film is not permitted.
What are You Allowed to do within
your Classroom?
With Television…
• Recorded television
programs may be kept
within the classroom for up
to 45 days.
• Video recordings may be
requested and made for an
individual teacher on a one
time basis and must include
the copyright information
Limitations…
• A television recording may
only be used educationally
within the first 10 days of
the 45 days it may be kept
before erasing.
• Repeated recordings that
are preset are not legal.
What are You Allowed to
do within your Classroom?
With text…
Limitations
• One copy of most print material
may be used by an educator.
• Text includes articles from books
and periodicals, short stories,
poems, essays, charts, diagrams,
pictures, cartoons, or drawings.
• Photocopies of poems of 250
words or 10% of prose, one chart,
diagram, drawing, cartoon, graph,
or picture per book or periodical
may be distributed in a
classroom setting.
• One only is the usual rule
applying to poems, articles,
stories, or essays by the same
author or periodical during one
class term.
• Only the teacher may decide to
reproduce, not administration or
higher authority.
• Permission should be sought
unless time constrains the ability
to seek permission.
• Teachers are not allowed to mass
produce any work materials
which would interfere with profits
of the publisher.
How are Websites Handled in
Classrooms?
Teachers may…
• Transfer information to and
from a website by copying
or downloading.
• Material may be loaded
onto a computer with
permission from the
copyright owner.
• A simple word link or
hypertext link is
permissible.
Teachers may not…
• Transfer material to or from
a website without
authorization from the
copyright owner.
• Omit logos or trademarks
from any link or website.
How Might a Teacher
get Permission from a
Copyright Owner?
The teacher may…
• Contact the rights holder
directly.
• Purchase permission online.
• Use Certain materials under
the “educational use”
clause
Teachers should not…
• Use copyrighted material
when they are not able to
obtain permission.
• Use material if “fair use”
criteria would not cover the
infringement.
References:
• Images:
– http://www.talkingnfl.com/nfl-draft-preview-san-diegochargers/
– http://www.ssahcoalition.ca/
– Microsoft Office Clipart
• Information concerning copyright was obtained from:
– United States Copyright Office. Library of Congress. Retrieved June 25, 2009,
from http://www.copyright.gov/
– Stanford University. Copyright and Fair Use. Retrieved June 25, 2009, from:
http://fairuse.stanford.edu/
– Copyright Clearance Center. Retrieved June 25, 2009 from:
http://www.copyright.com/
– University of Texas , Crash Course In Copyright. Retrieved June 25,2009, from:
www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
– Templeton, B. (2008). 10 Big Myths about copyright explained Retrieved June
25, 2009 from:
http://www.templetons.com/brad/copymyths.html