Copyright Info for Teachers
COPYRIGHT DO’s & DON’Ts – QUICK OVERVIEW
- DO use any material published in the United States before 1923. This material is in the public domain.
- DO show legally obtained videotapes to your classes (purchased with licensing included in the cost).
- DO copy small portions (one cartoon, 1000 words of prose, one illustration or one picture from a book) for distribution to your class or in your online classroom website, as long as access is limited to enrolled students. But only one time. After that, request permission from the copyright holder.
- DO use student papers as examples in your class or online classroom website. Remember, however, that as soon as a composition is committed to paper, the work has copyright protection. Ask students to sign a form giving you permission to use the material.
- DO feel free to create a link on your website (or in your online classroom) to websites on the Internet that will be helpful to your students. Of course you will want the students to be able to see the name of the website's creator.
- DO use articles on your website/online classroom from valid databases (such as EBSCO) licensed by higher education in Georgia.
- DO NOT copy and distribute material from a book that is out-of-print. There is probably a copyright owner of the material.
- DO NOT copy workbooks, lab manuals or other consumable material prepared for the education market. - distribute them in your class or insert them in your online classroom website.
- DO NOT plan to show a commercially made videotape to a student group that you sponsor. Even if no money changes hands, a publicly announced showing of a videotaped performance is not permitted (unless it is a videotape of your wedding).
- DO NOT assume that material without a copyright statement attached is unprotected by copyright.
- DO NOT assume that material you find on the Internet is unprotected by copyright.
- DO NOT create material in your online classroom website or on a CD-ROM that uses any combination of audiovisual material, music, text, photographs and illustrations without reviewing the limitations of Fair Use (detailed below).
- DO NOT assume that acknowledging the author of a work created by someone else on your website (or on your online classroom) allows you to use material freely. If you plan to download material onto your online classroom website, please evaluate each use against the fair use criteria (detailed below).
Fair Use Criteria:
"Fair Use" rules are copyright rules for students and teachers. You may copy the following without making a copyright violation:
- A chapter from a book (never the entire book)
- An article from a periodical or newspaper
- A short story, essay, or poem (one work is the norm whether it comes from an individual work or anthology)
- A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper
- Poetry (multiple copies of a poem of 250 words or less that exists on two pages or less or 250 words from a longer poem)
- Prose (multiple copies of an article, story or essay that are 2,500 words or less or excerpts up to 1,000 words or 10% of the total work)
- Illustrations (multiple copies of a chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue)
What is "fair use"?
- Copyright law allows portions of a copyrighted work to be used without the author's permission for specific purposes. Such as criticism, comment, news reporting, teaching, scholarship, and research.
-There are four factors involved in "fair use". When these four factors are weighed against one another, they indicate whether or not a work can be used withour copyright holder permission:
1. What is the purpose of the use?
2. What is the nature of the work?
3. How much of the work will be used?
4. What is the effect upon the market or potential market?
What Should Be Avoided?
- Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals.
- Copying the same works from semester to semester.
- Copying the same material for several different courses at the same or different institutions.
- Copying more than nine separate times in a single semester.
When is Permission Required?
- When you intend to use the materials for commercial purposes.
- When you want to use the materials repeatedly.
- When you want to use a work in its entirety and it is longer than 2,500 words.
- Faculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions.
- Faculty may use their project for: assignments for student self-study; for remote instruction provided the network is secure and is designed to prevent unlawful copying; for conferences, presentations, or workshops for their professional portfolio.
*ALWAYS CITE YOUR SOURCES!
Guidelines for Online Classroom Teaching
The Technology, Education and Copyright Harmonization (TEACH) Act was enacted in November 2002 as an amendment to the Copyright Act of 1976. Found in section 110(2) of the Act, it covers distance education as well as face to face teaching which has an online, web enhanced, transmitted or broadcast component. It exempts from liability the transmission, including over a digital network, of a performance or display of a copyrighted work by an accredited non-profit educational institution to students officially enrolled in a course or a government body to officers or employees of government as a part of their official duties or employment. It does not cover making textual materials available to students. The performance or display must be: a part of systematic mediated instructional activity; at the direction of or under the actual supervision of the instructor; an integral part of a class session.
All copies that are transmitted must be lawfully made copies. The performance and display may be received anywhere as long as the following technological conditions are met. The institution must apply technological measures that reasonably prevent recipients from retaining works beyond the class session and further distributing them, and may not interfere with technological protections taken by copyright owners.
The TEACH Act places considerable responsibilities on educational institutions that wish to take advantage of the exemption it offers. The greater freedoms granted to instructors are balanced with increased responsibility for the management of distance education. It does not, however, modify the previous standards for the fair use of copyrighted materials. The following guidelines apply to the performance or display of electronic materials placed within courseware maintained by the institution.
To comply with the TEACH Act’s provisions, the institution must use secure authentication technology to restrict access to copyrighted materials placed within a course. When properly maintained, official courseware packages (such as WebCT) that are restricted to students in the class meet the requirements of the TEACH Act. Performances and displays of copyrighted materials, other than those which the individual instructor created, should not be available on a faculty member’s webpage unless: permission from the copyright holder has been obtained; the institution has a license that permits such use of the work; course webpages are password protected to students in the class and meet all of the TEACH Act requirements.
Access to performances and displays of copyrighted materials must be limited to students currently enrolled in the course.
Copyrighted electronic materials should be available for a prescribed time period only, normally a single class session. This can be achieved through control of the content via password or time limits applied to the internal hyperlink or folder access.
Display of copyrighted works such as graphics, photographs, short poems, etc., in the online classroom must be comparable to that typically displayed in a face-to-face classroom.
How much of copyrighted work may be performed without obtaining a license to do so depends on the type of work. The following amounts may be performed: entire nondramatic literary and musical works; other works such as audiovisual works and motion pictures – only a limited and reasonable portion may be performed; no portion of a work produced solely for use in online instruction. While entire works may not be performed without a license, a reasonable portion is judged by the length of the copyrighted work, the instructor’s purpose, level of the course, etc.
Reasonable measures must be taken to prevent retention and / or dissemination of electronic works for longer than the prescribed time period, generally a single class session. Copyrighted images and graphics should be made available in a format limiting printing and saving controls. Copyrighted electronic materials such as video and audio should be streamed to avoid the downloading and saving of the file.
Requirements to Use a Work:
*The work performed or displayed must be: an integral part of the class session as determined by the instructor; part of a systematic mediated instructional activity; directly related and of material assistance to the content of the course.
*The work must NOT be: part of a work marketed specifically for online education; already available through alternative sources in a digital format; unlawfully or suspected unlawfully made copies of works covered by U.S. copyright law; over the limits permitted as a fair use.
Faculty must place the following notice prominently within each course site: “The materials on this course website are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.”
Video, Audio & Slides:
There are other licensing entities that cover certain types of videos. The Motion Picture Licensing Corporation license movies, see http://www.mplc.com. Movie Licensing U.S.A. offers a blanket license for K-12, but this is for performance only and not for digitizing or using on a website. See http://www.movlic.com. Clipland offers a license for a variety of video content that can be used on websites; see http://www.clipland.net/About/ce_Content_Licensing.html. DVcuts.com also offers a large number of short video clips under a license. See http://www.dvcuts.com. C-SPAN provides an online license for its video content, but the license does not include streaming on the Internet. See http://www.c-spanarchives.org/lsinfo.php. Many television networks directly license use of their content. If the excerpt is to be used for face-to-face teaching, then the anti-circumvention provision of the Copyright Act applies. Section 1201 does not permit use of any decryption device for an excerpt or for an entire DVD. Using a VHS tape for the same purpose involves no circumvention of technological access controls.
For additional information on the TEACH Act see:
Information collected via University System of Georgia Website: http://www.usg.edu/legal/teach_act