Copyright and Fair UseCopyright and Fair Use

Implications for Assistive Technologyand Education

Objectives

• Define Copyright and Fair Use

• Develop awareness of Educational Fair Use Guidelines

• Identify Copyright Law Exception as it applies to scanning of textbooks for students with disabilities

Copyright is law that protects unpublished and published

Intellectual Property

COPYRIGHT

The Intent of the Law

The intent of copyright laws is to insure that the people who create “Intellectual Property” can own, control and be paid for their efforts.

Intellectual Property

Intellectual Property is the concept that creativity and

the expression of ideas

can be owned and treated

as if they are “property” when the ideas are committed to a “tangible medium.”

Tangible mediums of expression

• Written Work – Books, Printed materials

(maps, sheet music)

• Musical works/Works of art (including lyrics)

• Dramatic Works – Plays, Pantomimes,

Choreography

And…

• Digitized Works

Sound Recordings

Software (since 1980)

e-mail, Graphics, and Data

• Video Works

Motion pictures

Videotapes, etc.

Regardless of whether:

• It is registered with the Patent and Copyright Office

• Has a copyright notice

• Is marked with the © copyright symbol

Copyright protection is automatic when intellectual property is created

Copyright law protects published and unpublished intellectual property from:

• Reproduction (copying)

• Derivative works (based on, adapting)

• Public distribution

• Public performance

• Display

Breaking Copyright Law is called Infringement

• Ideas or Facts

• Titles/Names

• Short phrases/Slogans

• Blank forms

• Works that lack originality (e.g. phone book)

Copyright law does NOT protect:

• Works in the Public Domain – Public Domain defined as free from

copyright or patent and open to use by anyone.

• Government documents

• Works not fixed in a tangible form of expression

And…..

Copyright Exceptionsand Fair Use

There are two types of exceptions that permit use of Intellectual Property without permission. One exception is written within copyright law and the other is considered “Fair Use.” Fair Use allows reproduction of some copyrighted works for educational purposes.

Implications For Assistive Technology

The use of some assistive technology devices or software necessitates reproducing copyrighted work from the original into different formats that can be accessed by people who are blind or have other disabilities.

This would be infringement but Copyright Law has made an exception.

Exceptions to the Copyright Law

Law PL 104-197 allows reproduction and distribution of copies or phonorecords, by an authorized entity of non dramatic literary works in specialized formats, exclusively for use by blind or individuals with disabilities.

“blind or other persons with disabilities”…

…is defined as individuals who are eligible or may qualify in accordance with the Act entitled “An Act to provide books for the adult blind,” approved March 3, 1931 (2U.S.C. 135a; 46 Stat.1487,) to receive books or other publications produced in specialized formats.

“specialized formats” means:

• Braille

• Audio

• Digital Text

Which is exclusively for use by blind or other persons with disabilities.

Braille.ttf

“authorized entities” means:

Nonprofit organizations or governmental agencies whose primary mission is to provide specialized services relating to training, education, adaptive reading or the information access needs of blind or other persons with disabilities.

(Chapter I of Title 17, United States Code)

Fair Use Guidelines are recognized by the

Copyright Office and judges as minimum

standards for fair use in education.

Fair Use Guidelines

Fair Use Guidelines

Educational Fair Use Guidelines

Educational Fair Use

Guidelines allow the use of

portions of copyrighted works

and materials for educational

purposes and in educational

institutions.

Following these guidelines helps protect teachers and students from copyright infringement issues.

Copyright exceptions are specific. Educational Fair Use Guidelines are not specific.

Determining if something is fair use is different in each case and depends on four factors.

Fair Use Guidelines are not specific

Fair Use Factors1. The purpose and character of the use. Is it for

non-profit educational use?

2. The nature of the copyrighted work. What kind of intellectual property is it?

3. The amount and substantiality of the portion used. How much was used compared to the whole?

4. The effect of the use upon the potential market for the copyrighted work. Will the use impact the value?

What You Can Copy

Copyright and Fair Use for Educators

Resources The web addresses provide access to handouts

and resources that can be reproduced and shared

• Technology & Learning: Copyright and Fair Use Guidelines for Teachershttp://www.mediafestival.org/copychart.pdf

• Copyright and Fair Use Guidelines for Teachers• http://www.mediafestival.org/chartshort.html

Or more information at:• Hall Davidson’s Copyright Resource Downloads

http://www.halldavidson.net/downloads.html• Groton Public Schools: Copyright

Implementation Manual http://groton.k12.ct.us/mts/eg4.htm

What You Can’t Copy

Copying shall not:• Create, or replace anthologies, compilations,

or collective works

• Replace “consumables” like workbooks, standardized test booklets or answer sheets

• Substitute for the purchase of books or periodicals

• Be directed by a higher authority

• Repeat the same item, year to year by the same person.

And…• Copying is for only 1 course in the school

• Multiple copying does not occur more than 9 times per class, per term

• The student can only be charged for the actual cost of the photocopying

• Each copy, regardless of medium must include a notice of copyright

Remember!

When in doubt,

GET PERMISSION!

Reference• Davidson, H. (No Date). Copyright Resources. Copyright and Fair Use Guidelines For Teachers. Available:

http://www.mediafestival.org/chartshort.html

• Davidson, H. (No Date). Copyright Resources. Technology & Learning: Copyright and Fair Use Guidelines for Teachers. Available: http://www.mediafestival.org/copychart.pdf and Technology & Learning: www.techlearning.com • Harper, G. (2001, August 9). Crash Course in Copyright. Guidelines For Classroom Copying of Books and Periodicals. Available: http://www.utsystem.edu/ogc/intellectualproperty/clasguid.htm

• Library of Congress: The Learning Page. (No Date). Questions and Answers: Copyright and Fair Use. Available: http://memory.loc.gov/learn/start/cpyrt/

• Nolo Law For All. (2004). When Copying Is Okay: The “Fair Use” Rule. Available: http://www.nolo.com/lawcenter/ency/article.cfm/objectID/C3E49F67-1AA3-4293-9312FE5C119B5806/catID/

2EB060FE-5A4B-4D81-883B0E540CC4CB1E

• PBS Teacher Source: Copyright (2004). Copyright and Fair Use. Available: http://www.pbs.org/teachersource/copyright/copyright_fairuse.shtm

• Stanford University Library. (2003). Copyright and Fair Use. Available: http://fairuse.stanford.edu

• TEAMS Distance Learning.(No Date). Gayle’s Electronic Classroom: Fair Use in the K12 Classroom. Available: http://teams.lacoe.edu/documentation/classrooms/gayle/gayle.html

• University of Buffalo. (1999, August 31) University at Buffalo Copyright Facts. Available: http://ublib.buffalo.edu/libraries/forms/reserve/copyright.html