Copyright FAQ


What is copyright?
Copyright gives an artist, author or other creator the right to record or perform that work. It protects that individual's work and allows him or her to receive fair compensation for his or her creation.
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How much of a media can I use under copyright?

Print

Chapter in a book
Fair use (permission not required)

  • Single copy used by an instructor for research, teaching or class preparation
  • Multiple copies (one per student per class) if the chapter is brief, spontaneously copied and in compliance with the cumulative effect test (see below)
  • Copyright notice and attribution included

Newspaper/magazine article

Fair use (permission not required)

  • A complete work of less than 2,500 words
  • For longer articles, excerpts of up to 1,000 words or 10 percent of the work, whichever is less (a minimum of 500 words)
  • Articles covered in the previous two bullets may be expanded (e.g., the number of words increased) to permit the completion of an unfinished prose paragraph)
  • Copyright notice and attribution included

Poems

Fair use (permission not required)

  • Copies of the entire poem if it is less than 250 words and printed on no more than two pages
  • 250 words of a longer poem
  • Articles covered in the previous two bullets may be expanded (e.g., the number of words increased) to permit the completion of an unfinished line of a poem)
  • 5 poems by different poets from a collection
  • 3 poems (or excerpts) per poet from the same collective work or periodical volume
  • Copyright notice and attribution included
  • A notation if alterations are made

Infringing Use - Not "Fair Use"

  • Multiple copies used semester after semester without permission
  • Multiple copies that create an anthology
  • Multiple copies intended to avoid the purchase of a textbook or other materials
  • Using an unlawfully acquired copy as the original

Photographs, illustrations and graphic images (including charts, diagrams, graphs, drawings, cartoons and Web images)

Fair use (permission not required)

  • Copying a photo, illustration or image in its entirety, but no more than five images from one artist
  • Using images from a published collective work, but no more than 15 images or 10 percent of the work, whichever is less
  • Copyright notice and attribution included
  • A notation if alterations are made

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Making copies to avoid purchase
  • Incorporating or altering the image as an embellishment or decoration for artistic purposes that aren't temporary
  • Using an unlawfully acquired copy as the original

Video or animation

Fair use (permission not required)

  • Copying up to 3 minutes or 10 percent of the work, whichever is less
  • Copyright notice and attribution included
  • A notation if alterations are made
  • Copied spontaneously

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Distributing multiple copies semester after semester
  • Making copies to avoid purchase
  • Incorporating or altering the image as an embellishment or decoration for artistic purposes that aren't temporary
  • Using an unlawfully acquired copy as the original

Music and lyrics (including sheet music, songs, lyrics, musical scores or recordings)

Fair use (permission not required)

  • Copy up to 10 percent in print, sound or multimedia form, but no more than 30 seconds of an individual work
  • Copyright notice and attribution included
  • A notation if alterations are made

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Distributing multiple copies semester after semester
  • Making copies to avoid purchase
  • Using an unlawfully acquired copy as the original
  • Changing the basic melody or fundamental character of the piece

Broadcast program

Fair use (permission not required)

  • Single copy of off-air simultaneous broadcast used within a period not to exceed the first 45 consecutive calendar days after the recording date
  • Copyright notice and attribution included
  • No alterations
  • Used only by individual instructors

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Distributing multiple copies semester after semester
  • Making copies to avoid purchase
  • Using an unlawfully acquired copy as the original

Numerical data sets

Fair use (permission not required)

  • Copying up to 10 percent or 2,500 fields or cell entries, whichever is less
  • Copyright notice and attribution included
  • Noting if alterations were made (alterations must support an instructional objective)

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Distributing multiple copies semester after semester
  • Using an unlawfully acquired copy as the original

Consumable

Fair Use (permission not required)

  • Consumable that have been purchased and ordered but have not arrived may be copied but must be destroyed once purchased consumables arrive.
  • Copies can be reproduced from black line masters or reproducible books based of the agreement with the publisher. See publisher for clarification.

Infringing Use - Not "Fair Use"

  • Copying of consumable because you ran out of books or worksheets.
  • Copying consumable that the school no longer orders.

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What kinds of media are copyrighted?

  • "Off-air" taping such as Reading Rainbow", "NOVA" or CNN newscasts.
  • Movies (VHS or DVD) or excerpts of movies you rent from a local video rental store.
  • TV shows or portions of TV shows you record at home.
  • Published music (i.e., purchased CDs or mp3 files downloaded from the Internet.)

Examples of media that may be used without restrictions:

  • "Public Domain" programming is unrestricted in the sense it cannot be covered by copyright law.  Two examples would be a) government-produced materials such as NASA-TV or b) older works that "fall into the public domain" because of their age- now ruled as 70 years after an individual author or composer's death.
  • There are exceptions- some works in the public domain may actually have a copyrighted arrangment (e.g. Ray Charles' rendition of America the Beautiful)
  • Music that have created.
  • Royalty-free music that you purchase.

Remember--when in doubt, ask!
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Do teachers need a license to show commercial videos in the classroom?
No. You do NOT need a license to show videos labeled "Home Use Only" if that video is used as a direct part of the curriculum in a direct teaching situation.It must meet all of the following requirements:

  • performances must be shown “in the course of the teaching activities” which involve “systematic instruction [and] whatever their cultural value or intellectual appeal”, do not involve performances “given for the recreation or entertainment of any part of the audience”
  • performances must involve “face-to-face teaching activities” meaning that eitheran instructor must be present in the room or in the general area
  • performances must take place “in a classroom or similar place devoted to instruction”

If you use videos is for rewards or entertainment that the use of a "Home Use Only" video is a violation of copyright unless special permission is granted.
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Can students incorporate their favorite CD or mp3 tracks in their school's product or student-produced videos?
There are limitations for using these recordings in the classroom. Under the "Fair Use Guidelines for Educational Media," students may use small portions of a song as part of a class project. Use outside of the classroom is not permitted.

Illegal use of music in a video includes:

  • Broadcasting in any public arena
  • Viewing during an assembly or other gathering outside of the classroom
  • Public screenings in the community
  • Selling videos, Sports or Memory videos, etc. to parents or community members

Keep in mind that there are many choices for using non-copyrighted music including using your own music and use of royalty-free music available from online producers or web sites.


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Can students or teachers use clips of purchased or rented videos (i.e., from Blockbuster or other video stores or Web Sites)?
Generallyspeaking, use of copyrighted video material in an individual's video production can be used for in-classroom use, as long as the edited material is less than 10% -or- 3 minutes of the finished work (whichever is less).

As with copyrighted music, you cannot show or broadcast these video productions outside the classroom.
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Can students or teachers download still or moving images from the Internet for a multimedia presentation?
Copyrighted works may be incorporated under the video guidelines outlined above--for use only in an instructional, classroom setting.

Generally speaking, you don't know if the digital images are copyright protected. Access to files on the Internet does not imply that they may be reproduced/reused without permission or payment. When in doubt, obtain permission directly from the person or organization who produced the image(s).
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Can I use content from You Tube or other web based video sharing sites?

The videos that are posted on YouTube are protected by copyright. YouTube does not own the copyright; the creator of the individual video owns the copyright. If you wish to use a video in your presentation or web page, it is wise to observe the guidelines for the fair use of video and animation, which state that you can use up to 10% of the total item or three minutes, whichever is less.

If you wish to show an entire video, it is recommended that you link to the video instead of making and embedding a copy. Remember, linking does not entail making a copy of the item and can, therefore, be done freely.

Another option is to contact the copyright owner and ask for permission to use the video.

Note: It is important to remember that not all video on YouTube follow copyright rules and you are still bond by those rules when showing videos.

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Are out-of-print works still protected by copyright?

Unless the item has entered the public domain, yes, it is still protected. Just because something is out of print does not mean that it is no longer protected by copyright. Under today's law, extends until 70 years after the death of the creator of the work. Here is a link to a table on when items pass into the public domain (i.e. are no longer protected by copyright).

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What is Creative Commons?

Creative Commons is a non-profit organization that promotes open access to and the sharing of creative work. Works licensed through Creative Commons have fewer usage restrictions than traditionally copyrighted works. More information can be found ontheir web site.

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