conference blogging - CMTC - Copyrights (and Wrongs) in a Digital Age

CMTC 2005
Susan Adams, Educational Technology Coordinator, NHPTV

• Overview of patents, trademarks, and copyright
• No real laws per se, guidelines that have been interpreted by judges in court cases

History:

• Article 1 Section 8 U.S. Constitution
• Copyright Act of 1790
• and so on . . .

If something is created when the person is "on the clock" it is owned by the employer. So for teachers, anything created at work or during work hours - lesson plans, curriculum - is owned by the school district.

5 rights of a copyright holder:

1. reproduction right (copy, transcribe, imitate the work)
2. modification right (create new or derivative work) with the notable exception of satire or parody
   
3. distribution right (sale, rental, lease)
4. public performance right (musical, play)
   
5. public display right (on the wall, on tv)

Everything prior to 1923 - public domain

Fair Use based on 1841 Supreme Court Case Folsom v. Marsh

• nature, quantity, and quality

1976 Revision, section 107 fair use, section 108 library/archival copying

Fair Use:

• criticism
• comment
• news reporting
• teaching
• scholarship
• research

4 Fair Use Factors

1. Purpose and character of use (entertain or occupy not cool)
2. Nature of the work
3. Amount and substantiality of portion used.
   
4. Effect of use on potential market for or value of work

Taping Off Air

• may be used in face-to-face for 10 consecutive school days and then held for review 45 days after
• only broadcast, not cable channels
• may be used once in a class, may be repeated once per class
• programs can not be recorded in anticipation, only by specific request of a teacher
• no broadcast program (like wizard of oz or something) can be recorded off air more than once at the request of the same teacher (you can get it every year)

Text

• complete article, story, essays less than 2,500 words
• excerpt from prose not more than 1000 words or 10%
• no more than 5 poems from an anthology
• only 3 poems per poet

Motion media

• up to 10% or 3 minutes, whichever is less

Images

• must be used in their entirety
• no more than 5 images of an artist's work
• no more than 10% of 15 images from a collection, whichever is less

Music

• Up to 10% of a copyrighted composition, but no more than 30 seconds

nhptv.org/kn/christa