Source:

Simpson, C.M. (1997). Copyright for schools: A practical guide (2nd ed.). Worthington, OH: Linworth. This is an excellent resource to have on hand: media specialists need some source of this kind, because it's impossible to remember all details about copyright.

Simpson, C. (2005). Copyright for schools: A practical guide (4th ed.). Worthington, OH: Linworth.

• You will be more confused than ever about copyright. 
• Our purpose is to expose you to some of the issues involved, to build awareness. 
• You will be compelled to investigate questions about copyright as they come up. 

• covers all forms of expression in concrete form 
• all "expressions" created since 1/1/78 are covered by copyright, whether marked or not 
• lasts for the life of the creator plus 70 years 
• The copyright law is vague; Congress established Guidelines to help interpret 
• Penalties for infringement: $750-$30,000 per instance; up to $150,000 for "willful" infringement; software piracy can be a felony, with fines up to $250,000 
• Litigants name many possible defendants in each suit 

• the obvious - liability 
• creators adopt varying levels of aggression about enforcing their copyrights
• if not personally liable, an employee can be severely disciplined or fired if caught 
• vulnerability to groups with political agendas 
• It benefits us for creators to profit reasonably from their work; encourages innovation, creativity.
  
• On a moral plane, copying can be considered a type of theft. We have a professional responsibility to model values for our students. 

• innocent - honestly misinformed, no fault 
• standard 
• willful - deliberate; perhaps for commercial gain 
• contributory - assisted the infringement by someone else, or should have controlled in normal course of duty 
• vicarious - had reason to know about infringement, but took no action 

• reproduction 
• adaptation 
• distribution 
• performance 
• display 

• Fair use allows purposes such as criticism, teaching, scholarship, research 
• Factors considered: 
• purpose (nonprofit) 
• generally must be related to teaching objective 
• displaying, performing for rewards or entertainment forbidden 
• nature of the copyrighted work 
• portion of item used 
• effect of use on market value (most important): ROT: if copying deprives author of a sale, it’s not fair use [there seem to be exceptions] 
• Two tests: 
• copying must be at the "instance and inspiration" of the individual teacher 
• decision to copy and time of use must be so close in time that permission cannot be obtained (rule of thumb: less than 3 weeks) 

• items whose copyrights have expired 
• items for which the creator has relinquished copyrights 
• these items have no copyright restrictions attached 
• identifying public domain items: 
• marked accordingly 
• Public Domain Report: a journal that published information about public domain material 
• Try to provide public domain sources in areas of need, like computer graphics, generic music, black-line graphics, etc. 

• It is OK to copy a damaged page to repair a book you legally own 
• It is often permissible to adapt print materials for physically handicapped people (Braille, etc.).  One notable exception is the use of large print.  Check the LOC copyright site for specific information and recent changes 
• Permitted single copies for teachers (for preparation, study, etc.): 
• of a book chapter 
• article from periodical or newspaper 
• short story, short essay, short poem (even if from an anthology) 
• graphic, chart, picture etc. from book, periodical, newspaper 
• these can be retained indefinitely 
• OK to read to class 
• liberal interpretation allows teacher to write portions on chalkboard, overhead 
• Single copy prohibitions: 
• creating anthologies from many different sources 
• copying consumable materials 
• copying to substitute for purchase 
• copying at the demand of a higher authority 
• repetitive copying of the same item by same teacher from term to term 
• Multiple copies for students: 
• no more than one copy for each student in course 
• must be used for classroom use or discussion 
• copies must have copyright notices 
• Three tests: 
• brevity (very specific amounts that vary by format: consult Simpson or other authority for details) 
• spontaneity (same as above); can’t reuse copies from term to term 
• cumulative effect:: copy a single item for only one course; consult specifics for copying more than once from same author, same periodical 
• Current news exempt from tests (current= ~2 weeks) 
• Prohibitions: same as for single copy PLUS no charge can be made to students beyond cost of copying itself 
• Caution: copying for staff development seldom qualifies for fair use 
• Some copyright holders try to claim greater than legal rights. Not allowed: fair use is user’s right under the law. 
• Copying for the vertical file is not allowed 
• If library owns an item that is damaged or lost, AND replacement cannot be purchased at a "fair price," replacement copy is permissible. 
• Watch out for "supervised" copiers - you are liable if you "should" have known about it. If school staff make copies on your machine, it is considered supervised. (However, schools are liable for ANY illegal copying that takes place on the premises!) 
• Interlibrary loan: complicated. Consult an authoritative guide. 
• If you fax a copyrighted item, destroy any photocopies that had to be made in the process. 
• Reserves: 
• a teacher may place a personal photocopy under reserve for students to read 
• check into situations involving making multiple photocopies for reserves 

• You may not change in any way, including changing format (includes "blowing up") 
• including making stuffed animals to match copyrighted characters 
• Graphics is an area where copyright holders are aggressive, especially Disney and Warner Brothers 
• Permission to copy is seldom granted for graphics 
• Hand-drawn imitations are considered copies 
• There are many copyright-clear materials sold for use as graphics 
• Multiple copies for classes must meet these tests: 
• instance and inspiration of individual teacher 
• limited to a single course 
• no more than 9 occurrences of multiple copying (of graphics?) for that course 
• not more than one graphic copied per book or periodical 

• Print fair use does NOT apply 
• Licenses required for public performance 
• There are guidelines for "public performance" of audiovisual items 
• Public is defined as "open to the public or at any place where a substantial number of persons outside of a normal circle of a family or its social acquaintances is gathered..." 
• AV "fair use" - four requirements 
• presented by instructors or pupils 
• must occur during face-to-face teaching (that is, must occur same room, same time; must relate to curriculum) 
• must occur in a classroom or similar place of instruction in a non-profit educational institution 
• item must be legally acquired (rented OK; beware off-air taping time restrictions) 
• Good idea to notate on item and catalog the performance rights for videos 
• Some vendors sell performance rights along with the item; check 
• You may not make an archival copy of AV items 
• You may now record an obsolete-format item onto a new format if the old equipment is not reasonably obtainable.  
• Recorded music: all aspects may be separately copyrighted (lyrics, arrangement, performance...) 
• Consult ASCAP or BMI for copyright clearances (for a fee) 
• Technically, if you record your own students performing, they own the copyright to their own performance 

• OK to use videos belonging to students and staff if legally acquired (use a form) 
• wise not to use homemade copies unless you made it legally yourself 
• "home use only" sticker can be ignored if all other requirements are met 
• beware buying video programs that have a limited licensed "life" 
• Strict no-no’s: 
• making video anthologies with copyrighted segments 
• transferring to another medium (unless from obsolete equipment) 
• using videos as rewards or entertainment in school 
• Off-air recording: 
• time-shifting taping is allowed, tape can be kept indefinitely if used by taper, family, friends ONLY 
• broadcast programs (VHF, UHF) OK to tape; OK to tape off cable if it is also broadcast simultaneously 
• cable-only channels: no fair use provisions. Don’t tape UNLESS you have consulted Cable in the Classroom or equivalent to learn about special rights for specific programs (often quite liberal) 
• Doesn’t matter where you tape, or whose equipment you use 
• You may tape only at the request of a teacher. I interpret: if you are teaching, you may tape for your own instruction. 
• Mark copies with copyright info 
• You do not have to show the whole program, but you may not edit or alter 
• The same teacher may not copy the same program each time it is rebroadcast 
• Retention: 
• 45 consecutive days max 
• students may view only in the first 10 school days; once for instruction, again for reinforcement 
• erase or destroy after 45 days 
• OK to copy off-air taped programs; affix notices; time restrictions of original program apply to all copies 
• If you sell videotapes made of school-based performances, you must clear everything used (music, arrangements, ....) 

• copyright "nightmare" 
• invented after the latest revision of copyright law; guidelines approved in 1996 
• must obey the four restrictions (purpose, nature of work, amount used, market impact) 
• cite author 
• may use in the class for which created, either individually or as a whole class 
• network use requires login and guard against copying, OR 15 days only 
• teachers may display their own multimedia creations at conferences and workshops and as portfolios, limited to 2 years 
• students may keep their own multimedia creations indefinitely 
• there are quantity limits that apply to how much you can take from any one work - consult 
• only two copies (including the original) allowed of finished multimedia piece, or one for each author 
• opening screen and documentation must contain notice that work contains copyrighted material 

• Usually, you don’t buy software, but licenses to use it. Understand individual licenses for individual programs. 
• Site licenses: allow you to use a certain number of copies at a given site; you may be able to negotiate your own agreements 
• 1 archival copy allowed; doesn’t matter which copy you actually use 
• documentation is protected under software copyright, not print fair use 
• loading even a portion of a program on individual machines may be a violation (e.g., CD-ROM shortcuts) 
• multiple loading not allowed (as in when you load a program on one computer, leave it running without the disk, and load again on another computer) 
• networking a program always calls for a license 
• shareware IS copyrighted 
• libraries may lend software, if the proper notices are affixed (look up exact wording of these notices) 
• I’m not sure, given the prohibition against altering formats, how scanning of copyrighted material can ever be legal 
• having the same program loaded on two computers is considered copying, even if both are not used simultaneously 
• you may not copy CD-ROMs onto hard drives for faster performance, unless documentation says you can (companies will often grant permission for this) 
• Recent changes in the law allow educators to preview software, which might involve installation copies 

• unscrambling of satellite signals without a subscription is a serious crime 
• there is no fair use for satellite transmissions 
• if you broadcast anything beyond your building, clear all copyrights 
• follow contractual agreements for recording subscribed satellite programming 

• Email: author owns, considered private. Recipients may not copy or forward without consent. 
• Newsgroups, listservs: posting implies "publishing" - fair use applies. However, it is considered impolite to spread the postings of others beyond that one forum, unless permission is specifically given. 
• Web: 
• If teacher finds it within 1 week of use, OK to use in class 
• If more than one week, request permission (it's reasonable to shorten the time allowed for spontaneous use, since email replies can be expected within 1 week) 
• Repeated use: request permission 
• Capturing, caching, "whacking:" these are format changes, and whacking involves copying 100% - probably shouldn’t. This practice cuts down on number of times a site is "hit," which may impact funding or marketability of site 
• Copying html code or Web pages as templates: ask for permission 
• Many Web pages explicitly grant permission for educational use 
• On your own Web page: clear everything. If you use photos, make sure you have the permission of everybody in the picture for Web display 

• Teach and model copyright principles. 
• Post notices on all equipment that can be used to make copies. 
• Do not hesitate to request permission; have form letters ready; keep track of granted permissions. Allow 6 weeks. 
• Know what the copyrights, licenses, performance rights are for each item you have. 
• Keep records to the best of your ability; the more expensive the item, the more important to keep up with its copyright status. 
• Research puzzling situations. Have a good copyright primer. Remember that copyright is a legal specialty; call on the legal eagles of your system if necessary to get answers. 
• Watch out for "contributory infringement": 
• checking out opaque projectors, knowing that the user will illegally blow up images 
• You are liable for illegal copies made on "supervised" equipment (you watch the process, equipment is situated so that you should know what is being done with it) 
• Log and track off-air taping activity in a database. 
• If your students participate in media festivals, study the relevant law carefully, as well as the contest rules. 
• Have a policy which demands copyright compliance, institutes a system of checks, and defines the media specialist’s role in this process. Do not allow yourself to be set up as the enforcer, however.