Council Rock School District



Slide 1This slideshow will quickly refresh you on copyright and copyright infringement as it pertains not only to students, but teachers too. And, it will focus on the safe way to post instructional materials on websites. We begin with the 1976 Fair Use Act that was added to U.S. Copyright Law. The fair use privilege is perhaps the most significant limitation on a copyright owner's exclusive rights. Fair Use is technically a defense to copyright infringement that allows a person to reproduce or otherwise make use of a “limited” portion of copyrighted work. There are four factors to consider when deciding if Fair Use protects you when using copyrighted material during your instruction. PANE-Purpose Amount Nature and Effect is the acronym for the four factors. Are the three following teachers liable for copyright infringement or are they safe under Fair Use copyright law?Slide 2Discussions to decide /orPoll Everywhere quiz /orSmall group assigned to each scenario to discuss.Do not share correct answers till the conclusion of the slides.Slide 3Teachers can use Fair Use guidelines to be exempt from copyright infringement, but all guidelines must be met. -The teacher must be the assigned instructor of the class and if it is an online class, must protect access to the site allow only his students.-The copyrighted material must be stated in the instructional lesson plan validating that it’s use is for instruction.-The amount of copyrighted material used and how it is used must meet the Fair Use Guidelines.Slide 4In our case, the Purpose is educational instruction and the Effect is not going to result in any in the monetary value of the original work. The amount of the entire work that can be used before copyright infringement occurs depends on the medium of the original work.Slide 5The chart “Copyright and Fair Use Guidelines for Teachers”, displayed in most Council Rock schools near the Faculty copy machines, is available to all through the District Library copyright webpage.A rule of thumb to determine how much you can use in an educational setting, without asking permission from the creator, is 10% of the entire original or the collection of works.Slide 6Here the 10% rule of thumb is elaborated on in the case of copyrighted text, graphics, video, and music.Remember this is how much of the entire work you may sample and use without asking for creator permission. With the granting of permission from the creator, you will also be told what rights he allows for modification and distribution of his original.Slide 7But if I can copy it from the internet, isn’t it in the Public Domain and copyright free? No, for most works copyright protection lasts for the entirety of the author’s life plus 70 years about their death before it becomes public domain.Slide 8This chart is available on the District library copyright page and is updated each January 1st.Slide 9Fair Use assumes that you are merely sampling and not using an entire copyrighted work. Fair use is a single, one-time, spontaneous use. It assumes you came across something that you could immediately use for instruction and you didn’t have time to contact the creator and ask for permission to use. It requires you use and dispose of the material and not save it in a file to keep for future years of instruction.The copyright symbol is a kind reminder that the work has a registered copyright, but even if that symbol is not on the original, copyright law says only the creator owns it and can grant you the right to use some, all, or modify it to your needs.Simply citing where you found the original online releases you from plagiarism not copyright infringement.Fair Use guidelines are simple to adhere to UNLESS……Slide 10You make that copyrighted work available to more than just your students, either intentionally or not.Once you lose control of your audience-Fair Use exemption of copyright infringement ends.Slide 11Fair Use grants no one the right to distribute anyone’s work beyond the classroom, even if it is a small, 10% sampling. You may not let the original go home with the student or leave the instructional setting. You may not post the original on an open website. You may not make more copies than the amount that equals the number of your students.Slide 12You may be aware of the TEACH Act that loosened the Fair Use guidelines to include online education in 2002. It was written for those teachers that did not teach in a traditional classroom but used the web for all or part of their instruction. It simply states, the previous Fair Use guidelines (remember the 10%) chart also applies to Distance Learning classes and Cable channel classes. Access to the copyrighted material used in online instruction has to be used with a secure online site so the teacher isn’t guilty of distribution.The TEACH Act of 2002 required school districts to create and adopt an Acceptable Use Policy that addressed copyright infringement and other potential areas of web use liability. School districts are also required to present this policy to students and teachers to gain a better understanding of copyright laws.Slide 13Five axioms of Fair Use are…read aloud slide.Slide 14Discovery Education and it’s streaming videos, articles, graphics, and audio clips are free to use any way you like. When certain schools chose to subscribe individually to this database after the IU stopped supplying it in the county for free, they bought the license rights to use the content as they like.Safari Montage, now provided to all schools in Bucks County through the IU, also provides you with the licensing rights to use all the material in the database as you wish.POWER Library databases from Associated Press photographs to hundreds of thousands of articles, is provided to all schools in the Commonwealth and you are granted the licensing rights to use its holdings any way you choose.Google Advanced and Bing have search features for copyright free works and Creative Commons has opened a whole new avenue to prevent copyright infringement.Slide is a royalty free music site that groups music into genres and moods for easily imported, copyright free background music for presentations.Slide 17After you enter your search term into the Google window, drop down to the bottom right corner and click on Settings. Then choose Advanced and a page opens for you too further modify your search. Your last option on the page is Usage Rights. Clicking on the Drop Down arrow will allow you to select from “free to use and share” to “free to use, share, or modify”.Google now returns only copyright free sites.Slide 19After entering your search term into Bing Images, choose the drop down arrow next to Licenses. Choose from images that are “Public Domain”, “free to use and share” and “free to use, share, and modify”.Slide 20Creative is where anyone can set the copyright limits on their own works and create a free license for them.Slide 21Creative Commons also has a search feature. It is not a search engine but allows you to select multiple online repositories of copyright free media. Simply select to highlight what places you want searched simultaneously like Wikimedia Commons, and Google, and Jamendo, and Flickr.Slide 22Creating a Works Cited entry for a Creative Commons work is a simple four item citation. This slideshow, which is posted on the district website on the Library Copyright page is open to the public. So the creators, the team of Council Rock Librarians, licensed it for free using Creative Commons requesting it always be cited, that no one can gain monetarily from using it, and that it can be modified as long as the user shares their new version under a Creative Common license also.Slide 23Read AloudSlide 24The district Library Copyright page is under the Information Tab. It includes a one page explanation of Fair Use, Creative Commons Licensing, and Public Domain. Also there are links to the Fair Use Guidelines chart you saw earlier in this slideshow, a checklist to help you decide if you are correctly claiming Fair Use, More Public Domain and Creative Commons site links, and this slideshow to view again.Slide 25While adding a citation avoids plagiarism and needs to be done, that alone does not cause this use to meet Fair Use Guidelines. If the graphic is in the Public Domain or holds a Creative Commons license it is Fair Use to post online and cite. If not, written permission from the owner/creator of the graphic is required to post it on an open website.If the photocopied pages do not exceed the limit of 10% of the textbook, and the students do not keep the work after instruction, it is Fair Use. In order to upload the photocopies to a website, the teacher needs written permission from the publisher and must also limit access to the site by only his students.While this meets the criteria that material can only be accessed by her students, unless the textbook material is less than 10% of the entire text, it violates Fair Use. A simple permission request from the publisher would enable the teacher to put a larger amount of textbook materials on her Moodle site. ................
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