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Copyright Infringement
Written by Pat Reed, Vice Principal/Curriculum, St. John Fisher School
Introduction
Copyright Infringement is a cause for concern among teachers and students. Supreme Court Justice Sandra Day O’Connor stated that "The primary objective of copyright is not to reward the labor of authors...but encourage others to build freely upon the ideas and information conveyed by a work" (Davidson). However, even those of us in educational institutions often feel threatened and even overwhelmed by the laws, and our lack of information about how they affect us, related to copyright infringement. Copyright laws guide our use of intellectual property. The World Intellectual Property Organization defines intellectual property as “creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.” This article seeks to clarify the legal uses of intellectual property in schools, by both teachers and students.
What Materials Are Protected by Copyright Law?
- Literary Works. This includes books, periodicals, manuscripts, phonorecords, computer programs, film, tapes, disks.
- Musical and Dramatic Works. This includes musical composition (including lyrics), stage plays, screenplays, television plays, pantomimes and choreographic, motion pictures and other audio-visual.
- Pictorial, Graphic and Sculptural Works. This includes fine art, graphic art, applied art, photographs, prints and art reproductions, maps and globes, charts, technical drawings, diagrams, models, sculptures, statues, figures, forms.
- Sound Recordings. This includes music, spoken work, and sound effects (The Law: What Copyright Protects).
The Digital Millennium Copyright Act
In October of 1998, the DMCA became law. It’s purpose is not to override the original intent of copyright law or fair use, but to expand the definition of intellectual property to include digital media, and to limit the liability of Internet Service Providers for copyright infringement on behalf of their users. It specifically outlaws efforts to hack through anti-piracy programs and limits illegal digital reproduction. The Digital Piracy section of this website provides greater detail on the issue of Pirating Software, Music and Movies.
Fair Use
The concept of Fair Use has developed over time in the attempt to balance the rights of copyright holders with the goal stated above by Sandra Day O’Connor: “. . . encourage others to build freely upon the ideas and information conveyed by a work.” So exceptions to copyright law exist in certain arenas, which include teaching and scholarly research. However, the concept of “fair use” in application remains controversial, and is subject to interpretation. Congress did not specify a definition of fair use in the 1976 Copyright Act, but instead set forth provisions in which copyrighted information can be used by educators:
- The purpose and character of the use , including whether such use is of a commercial nature or is for non profit 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 (1976 Copyright Act).
Generally speaking, for the purposes of education, works should not be copied in their entirely, but only the smallest possible portion necessary for teaching. Credit should always be given to the source. For more specific information about Fair Use, visit the Copyright Management Center at Purdue University.
Issues for Teachers
The following guidelines from the Area Education Agency ( Davis) will help teachers make the determination whether fair use applies in the copying of educational materials:
General Rules of the Law for Educational Photocopying
Teachers can do the following copying for their own scholarly research, or use in teaching, or preparing to teach a class. Multiple copies (one copy per pupil in a course) can be made if it meets the criteria of brevity, spontaneity, and cumulative effect and if each copy contains a notice of copyright.
- Brevity - following the following guidelines for amount that can be copied.
- A complete poem printed on no more than two pages or an excerpt from a longer poem not to exceed 250 words copied in either case.
- A complete article, story, or essay of less than 2,500 words may be copied in its entirety. For other kinds of prose, such as a play, a novel, or a letter, a copy must not be more than 1000 words or 10% of the whole, whichever is less. No matter how short the work, one may legitimately copy an excerpt of 500 words.
- One chart, graph, diagram, drawing, cartoon, or picture per book or periodical issue.
- Spontaneity - Copying is done by the teacher when there is not a reasonable length of time to request and receive permission to copy.
- Cumulative effect - The copying is only for one course and only nine instances of multiple copying per course during one class term is allowed. Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
Note: Short works such as children's books (picture books) are often less than 2,500 works cannot be copied as a whole; but an excerpt of not more than two published pages or 10% of the book, whichever is the less.
You do not have permission to copy if:
- Copying is done to create or replace or substitute for anthologies, compilations or collective works.
- The item is consumable. Examples: workbooks, exercises, standardized tests, etc.
- You are in any way substituting for purchasing books, periodicals, etc.
- You intend to charge the student more than what the item actually cost to copy.
- You intend to use it term after term.
Issues for Students
Aside from the digital piracy issue, the most important copyright issue for students is plagiarism. The ability to copy and paste from the Internet to word processing programs has made plagiarism simple and rampant. The use of Term Paper sites such as Cheat House and OPPapers (Other People’s Papers), have made the task of acquiring a book report, term paper or essay well within reach for anyone with an Internet connection. Anti-plagiarism programs such as Turn-It-In are now being used in some schools. Consequences for plagiarism vary from school to school and may include a failing grade on the particular assignment or in the class, school suspension, or even expulsion from the institution.
Procedures for Teachers
- Familiarize yourself with copyright laws and the fair use policy so you and your school are not found in violation.
- Clearly communicate to your students your policy on plagiarism.
- Teach students how to properly cite material when conducting research.
Annotated Bibliography
Copyright Law of the United States, U.S. Copyright Office, http://www.copyright.gov/title17/, Accessed July 22, 2005.
Davidson, Hall. The Educator’s Guide to Copyright and Fair Use, October 15, 2002. http://www.techlearning.com/db_area/archives/TL/2002/10/copyright.html
Davis, D. To Copy or Not to Copy, Area Education Agency, Cedar Rapids, IA http://www.aea2.k12.ia.us/Tutorials/Copyright/Copyright_.html, Accessed July 21, 2005
Digital Millennium Copyright Act. http://thomas.loc.gov/cgi-bin/query/F?c105:1:./temp/~c105d5KNfh:e0: Accessed July 22, 2005.
The Law: What Copyright Protects. The Copyright Website LLC. http://www.benedict.com/info/Law/LawWhat.aspx. Accessed July 22, 2005.
Other Useful Links
Barfield, Diane Forte. Plagiarism, Tech Learning, March 1, 2003. http://www.techlearning.com/db_area/archives/WCE/archives/plagiar.html
Becker, Gary H. Copyright in a Digital Age. http://www.electronic-school.com/2000/06/0600f2.html, Accessed July 21, 2005
Copyright Guide for Educators, Ivy Run Educational Technology Specialists. Accessed July 22, 2005. http://www.ivyrun.com/education/resources/copyright.htm
Copyright Kids, Copyright Society of the U.S.A., Accessed July 22, 2005, http://www.copyrightkids.org/
The Copyright Website LLC, http://www.benedict.com/ Accessed July 22, 2005
CyberEthics for Kids, Computer Crime and Intellectual Property Section of the U.S. Department of Justice. Accessed July 22, 2005. http://www.cybercrime.gov/rules/kidinternet.htm
Interactive Guide to Using Copyrighted Media, Baruch College, New York City, NY, http://www.baruch.cuny.edu/tutorials/copyright/ Accessed July 21, 2005.
Walrath, Sheila. Plagiarism: Don’t Do It! Fay School, Southborough, MA http://library.fayschool.org/Pages/plagiarism.ppt#-1,-1,NEXT. Powerpoint Presentation.
World Intellectual Property Organization, Accessed July 22, 2005. http://www.wipo.int/about-ip/en/
Last Updated:
08/02/2005
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