William Kritsonis, School Law, Ch 2 Copyright Law - PowerPoint PPT Presentation

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William Kritsonis, School Law, Ch 2 Copyright Law


William Kritsonis, School Law, Ch 2 Copyright Law – PowerPoint PPT presentation

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Title: William Kritsonis, School Law, Ch 2 Copyright Law

Copyright Laws in the Public SchoolWilliam
Allan Kritsonis, PhD
What is copyright?
  • Copyright gives authors and publishers the legal
    right to control the reproduction of their work

The Law
  • The Federal Copyright Law is expressed in 17 USC
    101 ET. Seq. This law provides a copyright the
    moment something is put in tangible form.
  • The copyright affixes to the work the moment it
    is written on paper, saved on disk, painted on
    canvas, recorded on tape, or exposed to film.

1976 Revisions to the Lawand its effects on
  • The 1976 revised copyright law does not prohibit
    teachers from duplicating copyrighted material
    for classroom use.
  • Teachers may make a single copy for scholarly use
    for class preparation.
  • Teachers may make multiple copies for classroom

  • Teachers may copy a chapter from a book, a
    newspaper, magazine, a short story or a poem or
    chart, graph, diagram, cartoon, picture, and the
    like if the following conditions are met.

Conditions for Teachers
  • The copying is at the instance and inspiration of
    the teacher.
  • There is not sufficient time prior to use to
    request permission from the publisher.
  • The copying is only for one course in the school.
  • Each copy includes a notice of copyright as it
    appears in the book or periodical.

Complying with Copyright Guidelines School
Personnel May
  • Make multiple copies for classroom use of the
  • 250 words or less of a poem
  • Complete prose works if lt2500 words
  • Excerpts of prose not exceeding 10
  • One chart, graph, diagram from a book
  • Up to 2 pages or 10 of a text

Complying with Copyright GuidelinesSchool
personnel May Not
  • Copy consumables such as workbooks or
    standardized test.
  • Copy items for use from term to term
  • Copy more than one poem, article, or essay by the
    same author, nor more than two excerpts from a

Fair Use Clauses
  • Fair Use, as defined in the law, has certain
    aspects that apply to everyone and others that
    apply only to certain classes of use, such as in
    nonprofit schools.
  • Fair use is considered when copied materials are
    intended for the promotion of knowledge and

Conditional Rights of Fair Use
  • The purpose and character of the use, including
    whether such use is of a commercial nature, or is
    for nonprofit educational purposes.
  • The nature of the copyrighted work.
  • The amount and substantiality of the portion used
    in relation to the copyrighted work as a whole.
  • The effect of the use upon the potential market
    for or value of the copyrighted work.

What is it called when violations occur?
  • Innocent infringement
  • Standard Infringement
  • Willful Infringement

Innocent Infringement
  • Unknowingly breaking copyright law
  • Example A teacher reads in a journal that an
    item has fallen into public domain and makes
    copies. In truth, the journal confused two items
    of similar titles.

Standard Infringement
  • Disregard to portions of the copyright
  • Example A librarian makes copies of an article
    for a class many months in advance without making
    any attempt to contact the copyright holder to
    obtain permission.

Willful Infringement
  • Direct intent to take advantage of copyright
  • Example A principal asks permission to reproduce
    copies of a journal article for the faculty and
    is denied. He makes the copies anyway without a
    reasonable basis to believe he did not need

Liability in the Public School
  • Liability falls upon the individual who has
    infringed the copyright.
  • Technology Specialists and Librarians are held
    liable if acts of copyright infringements are
    known by them.
  • Principals are liable if it occurs on their
    campuses for they are the leaders of the building.

Copyright Myths
  • Ten big copyright myths are explained at
  • www.templetons.com/brad/copymyths.html
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