1	Copyright The least understood and most dangerous area of education
2	Copyright Myths It didn’t have a copyright notice on it. I only used a little piece of it. It’s OK to copy if you give the author credit. If the original is modified by me, it’s a new work and not an infringement. But I got it off the Internet…
3	NEW Copyright Law for DL Section 110(2) Completely revised for Distance Learning Signed into law by President Bush November 2, 2007
4	Newly Allowed Materials for DL Performances of non-dramatic literary works (reading) Performances of non-dramatic musical works (pop, folk, symphony) Performances of any work including Dramatic works Audiovisual works (films & video)
5	Avoid Copyright Problems Stick with Fair Use Guidelines Ask yourself:
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7	Fair Use Guidelines Consider: Purpose of the use of the work (commercial or nonprofit purposes) Nature of the work (compilation, creative, or derivative) Amount used in relation to the work as a whole Effect of the use of the potential market for the work
8	Guideline for Copies Multiple copies (not to exceed one per student) may be made for class discussion if the work: Meets the brevity test Meets the spontaneity test Each copy has the copyright notice There is no charge beyond cost of copying
9	Brevity Test Poem – complete poem if less than 250 words, if longer, not more than 250 words Prose – complete article, story or essay if less than 2,500 words Prose – an excerpt of not more than 1,000 words or 10% of entire work Illustration – one chart, diagram, graph, drawing, cartoon, or picture per book
10	Spontaneity Test Copying is immediate and upon inspiration of the individual instructor The decision was so close in time that it would be unreasonable to expect a timely reply to a request for permission However, poor planning will not get you far in court…
11	Summary of Copyright for Video Teachers may show video to class without permission from copyright holder IF it is part of the established curriculum and the class is part of the College curriculum More than one class may view the video at one time as long as the video is part of the established curriculum for all classes
12	Summary of Copyright for Video Students who missed the classroom viewing may watch the video in the library (or lab for videos so designated) The video is a legal copy Videos may not be broadcast or transmitted via any type of network without a licensing agreement that permits such use
13	Summary of Copyright for Video The video may be taped from a television broadcast (as long as the broadcast was intended to be viewed for free). In this case, the classroom viewing must take place within 10 school days of the broadcast and the recording must be destroyed within 45 calendar days of broadcast unless licensed for a longer use.
14	Summary of Copyright for Video Videos labeled “Home Use Only” may be used for educational purposes and are subject to same limitations as other works Videos may not be shown at a film series, public gathering, or campus events without permission from the copyright holder
15	Summary of Copyright for DL Lecture and materials generated by faculty during conduct of the class may be broadcast or transmitted without restriction Examples: Lecture notes Questions posed by students
16	Summary of Copyright for DL Presentations containing displays of non-dramatic literary or musical works may be broadcast or transmitted over a secure network to students where ever they may be Examples: Page from a book Still from video Instrumental performance or song
17	Summary of Copyright for DL Presentations containing performances of dramatic literary or musical works must be in reasonable and limited portions on a secure network Examples: Videos Dramatic readings of plays Performances of musicals or operas
18	Summary of Copyright for Internet Materials Materials found on the Internet are subject to copyright restrictions just as printed materials Email is subject to copyright and permission must be obtained to distribute It is courteous (not required) to ask permission to link to someone’s web page
19	Summary of Copyright for Photographs and Other Visuals Slides and other photographic images should be purchased from commercial sources Copy photography is permitted within the Fair Use Guidelines Slides and other visuals may be displayed in the context of face-to-face teaching as long as the purpose of the display is integral to the course
20	Summary of Copyright for Sound Recordings May duplicate an unpublished recording in the collection for preservation of the work May copy small part of sound recording to be used for private study, scholarship, or research, as long as the copy becomes the property of the user, and a warning of copyright is prominently displayed
21	Summary of Copyright for Sound Recordings May duplicate an entire recording if the item is out of print and it has been determined that the item cannot be obtained at a fair price The copy must be the property of the user and a warning of copyright must be prominently displayed
22	Summary of Copyright for Sound Recordings May retain a single copy of a recording of music performed by students for education or rehearsal purposes May retain a single copy of a sound recording made from a sound recording owned by an educational institution or individual teacher, as long as the recording is for the purpose of aural exercises or examinations
23	Summary of Copyright for Educational Multimedia Projects Educational multimedia projects are subject to limitations on the amount of copyrighted material that may be used for any one source Amounts differ depending upon format but generally can’t be more than 10% of the copyrighted material and often considerably less There are no limits on the number of sources that can be used in a project
24	Summary of Copyright for Educational Multimedia Projects Instructors may use their projects for educational purposes including face-to-face instruction or directed self-study conferences and workshops tenure review or job interviews up to two years after creation
25	Summary of Copyright for Educational Multimedia Projects No more than two copies of a project can be made for use, one of which can be placed on reserve in the library (or other learning center) A third copy may be made for preservation purposes only
26	How Can Copyright be Obtained? When requesting copyright permission, include all of the following information: Title, edition, volume number and copyright date of the work ISBN for books or ISSN for magazines Exact pages, figures, and illustrations and number of copies you want If the material will be used alone or in combination with other works Instructor’s name, address, phone number and name of institution Date when the material will be used Posting copyright notice on work became optional for works published after March 1, 1989, so tracking down those copyright holders may be difficult.
27	""The United States may..." "The United States may be a nation of drivers who stop at red lights--even deserted red lights, in the middle of the night--but its citizens didn't even hiccup when slurping down peer-shared creative content, copyright notwithstanding." - Lawrence Lessig on copyright
28	Be Copyright Smart! Ten Big Myths about Copyright Explained http://www.templetons.com/brad/copymyths.html Copyright Law in Cyberspace http://www.utsystem.edu/OGC/INTELLECTUALPROPERTY/distance.htm TEACH Act Toolkit http://www.lib.ncsu.edu/scc/legislative/teachkit/guidelines.html Copyright FAQ for Faculty - includes WebCT issues http://www.cy-faircollege.com/29293/