myBSC | Banner | Beckley | Helpdesk
Friday, April 18, 2014
   
Text Size

Copyright Information

The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, much of it with varying degrees of copyright protection. Copyrighted works on the Net include news stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email! In fact, the frightening reality is that almost everything on the Net is protected by copyright law. Copyright law was recently amended by the Digital Millennium Copyright Act and the TEACH Act, which changed Net copyright in many ways The following document will outline some basic guidelines concerning copyright issues, both for the Net and for your classroom.

Although copyright coverage is quite extensive, there are specific limitations that benefit you in your role as an educator. One such limitation relates to the concept of "fair use". Chapter 1, Section 107 of the Copyright Law of the United States states that

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in 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.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

To further complicate matters, the fair use guidelines have been amended for educational purposes by the TEACH Act, which now allows educators to use more copyrighted material in their online course offerings. The following are general guidelines for using copyrighted materials in your classroom and over the Internet.

Teachers: For Self-Study and Use

PERMITTED

  • single copy: chapter of book
  • single copy: article from magazine or newspaper
  • single copy: short story, short essay, short poem
  • single copy: chart, graph, diagram, picture or non syndicated, non-copyrighted cartoon
  NOT PERMITTED
  • copying several chapters per book
  • copying several articles per magazine
  • copying consumables: workbooks, copyrighted
  • exercise sheets, tests
  • photocopying worn dittomasters
Teachers: Multiple copies for classroom/instructional purposes

PERMITTED

  • complete poem less than 250 words (not more than 2 pages)
  • excerpt from long poem not to exceed 250 words
  • article, story, or essay less than 2,500 words
  • excerpt (from above) less than 1,000 words or 10% of total, whichever is less
  • one chart, graph, diagram, picture, or non-syndicated, non-copyrighted cartoon per book or periodical
  • works combining prose, poetry, etc., less than 10% of whole
  • IF.....
    • copying is for one course only
    • insufficient time to request permission
    • one work from a single author
    • less than 3 authors from collective work
    • 9 or less instances of multiple copying per term
    • copying not used to create or replace anthologies
    • same copying not repeated next term
    • students not charged beyond photocopying fees
  • classroom quantities of current news articles if individual articles not copyrighted
  • All multiple copying must be at the inspiration of the individual teacher and the decision to use the material so close to the date needed for instruction as to preclude securing copyright permission from the copyright holder
 

NOT PERMITTED

  • using/making multiple copies of same material semester after semester
  • creating "anthologies"
  • copying workbooks and other works meant to be used once by one student
  • copying shall not be directed by higher authority
  • copying more than one or two excerpts from a single author during one class term
  • copying from workbooks, tests, or other consumables.
  • copying a black lined master.
Big Books

PERMITTED

  • one illustration per book
  • two pages per book as long as they don’t comprise more than 10% of the book
  • Note: Occasionally publishers of big books have given the District permission to copy that exceeds the normal fair use guidelines. Any letters granting additional permission will be kept on file by the library information specialist.
 

NOT PERMITTED

  • copying "just" the text from a big book or picture book
  • making an audio-tape of someone narrating a big book or picture book
Audiovisual Materials

PERMITTED

  • creating slide sets from books, magazines, etc., as long as only one per source used
  • making one overhead transparency of one page of one workbook
  • converting a damaged filmstrip to a slide set, keeping same order minus damaged frames
  • enlarging a map with an opaque projector for tracing but not duplicating color scheme, symbols, etc.
  • copying non-dramatic literary, audiovisual works for use by blind or deaf individuals
  • copying audio tapes or video tapes for archival or backup purposes (permitted by TEACH)
  • reproducing musical works or converting from one form to another (record to cassette) (permitted by TEACH)
  • converting from one medium format to another (permitted by TEACH)
 

NOT PERMITTED

  • copying any audiovisual work in its entirety (except off-air taping)
  • recording the text of a book or textbook onto an audiocassette
Music

PERMITTED

  • emergency copies for performance provided copies are later purchased
  • for study or teaching, single or multiple copies of excerpts
  • if excerpts do not constitute a performable unit such as a movement or aria
  • editing purchased copies for simplification
  • IF...
    • character of work is not changed
    • lyrics are not changed
  • single copy of performances by students made for evaluation or rehearsal purposes
  • copy of recording for purposes of aural testing
  • portion of commercial music played as background in student media production
 

NOT PERMITTED

  • copying for performances
  • copying to create anthologies
  • copying to avoid purchasing
  • copying but excluding copyright notice
  • performing a work without a license or paying royalty fees
Video (Educational/Instruction OFF-AIR Taping)

PERMITTED

  • may record program OFF-AIR
  • IF…..
    • program is used for instructional purposes, or face-to-face teaching, not for entertainment or filler
    • program is requested by a teacher
    • program is shown once and repeated once per class by individual teacher during first 10 consecutive school days after broadcast
    • program is not retained beyond 45 calendar days o program is recorded in its entirety (need not be used in its entirety)
    • after first 10 consecutive school days, program is used only for evaluation by teacher
 

NOT PERMITTED

  • videotaping in anticipation of requests
  • retaining a program longer than 45 days
  • showing a program after ten days
  • showing for motivation, filler, or entertainment purposes
  • taping a program at home, using in the classroom, and subsequently retaining in personal collection
Video (OFF-AIR Taping at Home)

PERMITTED

  • may tape program at home and bring to school to use but all educational guidelines must be followed
  • may show “home” tape if above criteria are followed and if tape legally made
 

NOT PERMITTED

  • individual who taped program may not retain it
Video (Cable)

PERMITTED

  • may tape programs being simultaneously broadcast (see OFF-AIR educational/ instructional guidelines)
  • may show videos or motion pictures via cable within a building as long as programs are used in face-to-face teaching and are of an instructional nature
  • may not show programs of a musical, dramatic, or entertainment nature (permitted by the TEACH Act as required for the course)
 

NOT PERMITTED

  • may not tape programs not being broadcast simultaneously (CNN, Discovery, Disney, HBO, etc.) unless prior approval or license obtained from cable network
  • may not copy cable or satellite programs without permission. Note: Educators may use cable magazines, like Cable in the Classroom for varying copying/retention rights of individual programs.
Video (purchased or rented)

PERMITTED

  • showing purchased or rented videotape for curriculum-supported, face-to-face teaching activities
 

NOT PERMITTED

  • showing purchased or rented videotape for entertainment, rewards, rainy days, filler, or non-instructional purposes.
  • Note: Performance rights may be acquired at time of purchase; then it’s legal to show such videos for non-instructional events.
Software

PERMITTED

  • copying into RAM if copying is necessary to use the program
  • one copy for archival purposes
  • probably may make a 3.5” disk from a 5 ¼” disk if the 5 ¼” disk is considered the archival copy
  • back up copies of hard drives as long as they are not used to run another driv
  • library lending of public domain softwar
  • making copies of copyrighted software for student use as long as copies are properly licensed (permitted by TEACH)
 

NOT PERMITTED

  • circulation of archival copy
  • “networking” software without license or permission
  • loading a single copy of a software program onto several computers for simultaneous use
Databases

PERMITTED

  • may download searches
 

NOT PERMITTED

  • downloaded searches should not be retained
  • downloaded material may not be used to create a derivative work
Multimedia

PERMITTED

  • teacher or student-developed multimedia program of copyrighted programs for use in classroom only
  • Note: Teachers may keep students’ work for only two years.
  • IF: the following limitations are observed:
    • Motion media
      • use of up to 10% or 3 min., whichever is less, of an individual program
    • Text
      • up to 10% or 1000 words, whichever is less; short poems less than 250 words may be used in their entirety;
    • Music
      • Up to 10% but no more than 30 sec. From a single work (or combined from separate extracts of a work);
    • Illustrations, cartoons, photographs
      • no more than 5 images from a single artist or photographer, no more than 10% or 15 images from a single collective work;
    • Numerical data sets
      • up to 10% or 2,550 fields or cells whichever is less
 

NOT PERMITTED

  • teacher or student-developed multimedia program of copyrighted works for use in displays, festivals, parent meetings or other public events
Video (Satellite Transmissions)

PERMITTED

  • copying from a satellite transmission will depend on the contractual agreement with the satellite company.
 

NOT PERMITTED

  • copies of motion pictures, other AV works, choreographic works and pantomimes
  • copies of broadcasts that are of a “general cultural nature” or intended for transmission as part of an information storage and retrieval system
Internet

PERMITTED

  • downloading public domain software
 

NOT PERMITTED

  • uploading copyrighted software to Internet for downloading
  • collecting materials off the Internet and compiling into a new work
  • forwarding material off the Internet to friends, co-workers
Digital

PERMITTED

  • digital media designed for instructional purposes (come with textbooks or adopted by the institution)
  • digitizing a copyrighted slide collection (permitted by TEACH as long as they are not already available in digital format)
 

NOT PERMITTED

  • scanning copyrighted materials (magazine photograph, cartoon illustration, etc.) for school newspaper
Graphics

PERMITTED

  • one graphic per book or periodical; • multiple copies of a single graphic
  • IF...
    • copying is at the instance/inspiration of teacher; copy is for only one course in the school; o here are not more than nine occurrences of multiple copying for that course; and not more than one graphic is copied per book or periodical.
 

NOT PERMITTED

  • adaptation of a popular cartoon character for the school mascot;
  • copying an image from a coloring book for a worksheet;
  • making stuffed animals of popular picture book characters;
  • scanning a cartoon into school newsletter;
Musicals, Dramatic, and Non-Dramatic Performances

PERMITTED

  • school chorus performance open to the public
  • any performances that are permitted in a physical classroom are now permitted in virtual classrooms (permitted by TEACH)
 

NOT PERMITTED

  • school drama club performing copyrighted play broadcast over cable to classes
  • recording of choral or instrumental concerts and then giving or selling recording to parents

Little Known Facts about Copyright

Did you know that...

  • if something doesn’t have a copyright notice, that it is STILL copyright protected?
  • almost all things are copyrighted the moment they are written? Students even hold a copyright on the notes they take in your class!
  • even though you may not be charged for use of a copyrighted work, it is still a violation of copyright law?
  • emails are copyrighted? Every time you forward an email without the original author’s permission, you are violating copyright law!
  • information posted on Usenet and/or Internet discussion boards is copyrighted and cannot be used without following strict guidelines?
  • you are not permitted to post someone’s email on a listserv without their permission?
  • even linking to someone else’s website without permission may be violation of copyright law?
  • if you base your own work on another work that it is a violation of copyright law? (This is sometimes referred to as fan fiction.)
  • although copyright law is mostly civil law, violation involving more than 10 copies and value of $2500.00 is a felony?
  • the "fair use" exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author? Please note that fair use has its limitations!

For More Information…

For more information concerning any of the information in this document, please contact:

Audrey Biggs at abiggs@bluefieldstate.edu (304) 327-4545
Nancy Turner at nturner@bluefieldstate.edu (304) 327-4052

Use the pathfinder linked above created by Carl Long (Reference and Instruction Librarian at BSC) to assist in the research and development of materials according to the most up-to-date copyright laws and ammendments.

Also, the following sites may be of interest if you want to find out more about TEACH or Fair Use:

American Library Associationweblink
Teach Act Comparisonweblink
Stanford Copyright and Fair Useweblink