Copyright Law
Understanding the Concept
When one purchases a book, only the binding and the paper become the property of the purchaser, the text is not purchased, but remains the property of the author.
What actually is “owned” is a license to read the words—as many times as one wishes. It is illegal to reproduce the words, or change the format into a video, or a poster, or a recording. Those rights are reserved for the copyright holder, usually the author but sometimes the publisher or another person who has paid the author for the rights. While it may be tempting to copy the pages, or enlarge the illustrations, or record the words, or adapt the plot into a play, only the copyright holder is given that privilege. That is the law.
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The “Fair Use Doctrine” of the copyright law protects the use of printed materials for teaching purposes. The law declares in pertinent part that the fair use of a copyrighted work, included such use by reproduction and copies or photo records, or by any other means specified by 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 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.”
Excerpting For Educational Use
Spontaneity copying is at the instance and inspiration of the individual teacher; the inspiration and decision to use the work and the moment of its use are so close in time that maximum teaching effectiveness would be lost if one had to wait for a reply to a request for permission.
Owners of copyrighted words allow for excerpted use of their works for educational purposes. The granting of a specific license for a specified period of time makes it possible for educators to use copyrighted works in limited form. Or, use is granted as long as the material is exclusively used for educational or research purposes as allowed with certain restrictions by the copyright holder.
Every professional educator and parent should teach students not to commit plagiarism. Just as it is wrong for someone to copy another’s answers on a test, no less is the theft of someone’s words, pictures, and ideas.
Students must be taught, encouraged, and expected to use footnotes, use quotation marks, and to give credit to the author. Even a second grader can learn to write, “Seymour Simon said, ‘A cricket’s chirping depends on its age and health as well as on the temperature.”’
Copyright law and its Congressional guidelines were intended to both protect the author and to provide free access to educational materials. The educational access, however, was intended for individual use and instructional purposes when such use would not deprive the author of a sale. Any copying of copyrighted materials must fall within certain parameters such as brevity, spontaneity, and cumulative effect. In addition, each copy must bear notice of copyright. As educators, we especially need to be sure and protect copyright of both print and non-print media, especially as we use “technology” as information sources.
Common Copyright Problems
The following are examples of practices that educators will want to avoid due to copyright considerations:
Photocopying or otherwise reproducing copyrighted cartoon characters for merely decorative purposes such as handouts, class decorations, bookmarks, etc. Snoopy, Garfield, and Disney characters are cute, but unless there is a specific instructional reason for copying these kinds of characters it is illegal to copy them.
Duplication of any form of media for reinforcement, entertainment, or reward. is not included under the educational “fair use” exemption. One could purchase public performance rights with any media purchased
The school system/school policy states that all users are obligated to comply with copyright laws. Individual employees, not the system/school are liable for any copyright violations.