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Copyright for Schools: A Practical Guide / Edition 3

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Overview

Facing new developments and intricacies of copyright determination, teachers and administrators are unsure about how to determine and ensure copyright compliance. They are looking for specific answers. In an easy-to-understand exposition of copyright, this 4th Edition volume provides the most-up-to-date, authoritative presentation and analysis of copyright for both print and digital information, detailing what you need to know about copyright for your school. It also explains the fundamentals and clarifies the complexities of copyright relevant to schools and why it is so important to understand and comply with copyright. This practical guide focuses on those issues relevant to K-12 schools, enabling media specialists to educate staff and take leadership in determining copyright policies.
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Editorial Reviews

VOYA
This review was written and published to address two books about copyright laws by Kenneth Crews and Carol Simpson. Both authors make a heroic effort in their books to simplify the complicated morass of copyright law and education. Both define copyright, its purpose, history, and fair use as applicable to educators. Each author stresses the need for teachers to become familiar with the implications of copyright laws. Developing technologies make more resources available to educators, but copyright laws implemented to protect a person's creative works might seem onerous and are being enforced without regard to the fictitious "educational exemption" that many teachers erroneously believe will protect them. In forty short chapters, Crews, an attorney, researcher, and librarian, presents copyright fundamentals according to current laws. He addresses scope, formalities, duration, owners and rights, fair use, and exceptions. Seven appendixes contain summaries of laws and reports, copyright notices, a fair use checklist, supplemental reading list, and a table of cases. Crews's documentation is meticulous, and the format is readable. Each chapter ends with source notes and a list of articles and Web sites for further information. The third edition of Simpson's guide for schools contains thirteen chapters that cover print materials, audiovisual works, multimedia, satellite and distance learning, computer software, interlibrary loan, photocopying, facsimile, reserves, permissions, and Internet. The last three chapters that discuss managing copyright in schools, implications for administrators, and the importance of copyright policy reveal the author's background in public schools. Simpson clearlyknows how it really is, and her advice is practical and realistic. Twelve appendixes contain sample forms, policies, guidelines, a bibliography, Internet links, a reproducible brochure, and sources of audiovisual works with public performance rights. Providing an excellent guide to essentials, Crews's title will be most useful for college and university librarians and educators and for librarians in public libraries. Every school should have access to Copyright for Schools. Because of numerous changes in copyright law, owners of previous editions will find much new information here. Index. Biblio. Source Notes. Further Reading. Appendix. 2001, Linworth, 176p, $42.95 Oversize pb. Ages Adult. Reviewer: Sherry York SOURCE: VOYA, August 2001 (Vol. 24, No. 3)
School Library Journal
Bielefield, an attorney with an MLS degree, and co-author Cheeseman, a librarian, present an exhaustive, scholarly examination of copyright history and law. They cover international developments in copyright law, judicial decisions, and congressional guidelines, and offer examples of applying the law to real-life situations. Simpson, editor of Technology Connection, writes an excellent overview of copyright issues in a concentrated, practical guide for school library media specialists. Both books carry the important message that educators must understand copyright implications and practice "defensive law." As Simpson notes, you do not have to "do anything to be party to a suit." Both books also suggest many helpful resources to explore. All librarians should own a good, current copyright primer, and Simpson's book fits the bill. The Cheeseman and Bielefield book is more in-depth and theoretical, better suited to those who need more than a basic guide. It does, however, cover some practical situations the Simpson book doesn't, such as distance learning and contractual agreements. Both of these titles are admirable contributions to the professional literature, arming librarians to embrace the information environment without risking costly and embarrassing copyright infringement suits.Lawrence L. Jaffe, University of Delaware
School Library Journal
This resource, which has become the definitive guide for librarians, only gets better and better as Simpson dives into murky and ever-changing digital waters. She expands the scope of the previous edition (2001), particularly in aspects of law and technology. Following general chapters on copyright law, public domain, and fair use are chapters on specific types of materials and uses: print, audiovisual, multimedia, music, computer software, and distance learning. Each section presents typical activities that occur in a school setting, such as students adding clip-art to Powerpoint projects or a librarian bookmarking Web sites for the next day's class. The issues are discussed in terms of the rules and guidelines for use. Specific questions, such as, "I have a teacher who-" are answered in boxes throughout the book and hit the mark for most library-media dilemmas. Sample forms appear within chapters for off-air taping requests, permission requests, and more. An interesting chapter titled "The Software Police" sheds light on software piracy and measures being formed to prosecute violators, aided by provisions under the Digital Millennium simple language and an uncluttered format. A sample copyright policy, copyright and plagiarism guidelines for students, and a copyright infringement reporting form are among the topics that appear in the appendixes, followed by an extensive cross-referenced index. This exhaustive revision is a first purchase for school librarians.-Vicki Reutter, Cazenovia High School, NY Copyright 2005 Reed Business Information.
Booknews
Simpson (library and information sciences, U. of North Texas) updates from the 1997 second edition to accommodate changes in technology and growing concerns about the liability of schools. She first explains fair use, then illustrates copyright law for print materials, audiovisual, satellite, software, and photocopying. New sections discuss multimedia and distance learning, and answer questions educators frequently ask. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781586830182
  • Publisher: Linworth Publishing, Incorporated
  • Publication date: 11/28/2000
  • Series: Professional Growth Series
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 176
  • Product dimensions: 8.20 (w) x 11.02 (h) x 0.39 (d)

Table of Contents

Table of Figures 10
Acknowledgements 11
Introduction to the 4th Edition 12
Chapter 1 The Law 15
History 15
Origin in the U.S. 15
What it is now 16
Rights of a copyright holder 16
Reproduction 17
Adaptation 17
Distribution 17
Limitation on right of distribution: first sale doctrine 18
Public performance 19
What is "public" 19
Public display 20
Digital transmission of sound recordings 20
Moral rights 20
How does one get a copyright? 21
What can't be protected by copyright? 22
Check thoroughly 23
Work for hire 23
Duration of copyright 24
Recent laws 25
Net Theft 26
Visual Artists Rights Act 26
DMCA 26
Sonny Bono Copyright Term Extension Act 27
Digital Performance Right in Sound Recordings Act 27
TEACH 27
Penalties for infringement 28
Liability 30
State copyright laws 31
Related laws 31
Contract law 31
Privacy statutes 31
Trademark law 31
Why is any of this significant for schools? 32
How is a school prosecuted? 32
What if there is no trial? 33
Why worry, why bother? 33
Works cited 34
Chapter 2 Public Domain 35
What is it? 35
How does something get into the public domain? 35
How long does public domain last? 36
What can you do with public domain materials? 37
How do you find public domain materials? 37
What is the difference between "copyright free" and "royalty free"? 37
How can I use royalty free materials? 38
Related cases 38
Chapter 3 Fair Use 39
What is it? 40
Difference between fair use and guidelines 40
Examples of fair use analysis 41
Factor 1 Purpose and character of use 42
Part 1 Nonprofit educational use 42
Part 2 Criticism, commentary, news reporting 42
Factor 2 Nature of copyrighted work 43
Part 1 Factual or creative? 43
Part 2 Published or not published? 43
Factor 3 Amount of work used? 43
Essence of work 44
Factor 4 Effect of use on market for or value of work 45
Commercial use 45
Misrepresentation 45
What would happen if everyone were to... 46
Various types of guidelines 46
To whom does it apply? 47
General public vs. schools 48
Schools vs. libraries 48
Works cited 48
Chapter 4 Print Materials in Schools 49
What typical activities are covered? 50
Photocopying-issues 51
Phonorecords-issues 51
Graphics-issues 51
Murals-issues 52
Scanning-issues 52
What rights are affected? 52
Reproduction 52
Distribution 53
Adaptation 53
Display 53
What guidelines affect print materials? 53
Kastenmeier report 54
Details of report 54
Single copies for teachers 54
Multiple copies for classroom use 56
Brevity 56
Spontaneity 57
Cumulative effect 57
Examples of acceptable multiple copying 58
Examples of unacceptable multiple copying 58
Copies for handicapped students 59
Print permission issues 60
Consumable materials 60
Periodicals 61
Graphics 63
Scanners 65
Resources for understanding 66
Fair use of print materials glossary 66
Related cases 67
Works cited 68
Chapter 5 Audiovisual Materials in Schools 69
What typical activities are covered? 70
Movies-issues 71
TV/cable/satellite-issues 71
Web-issues 72
Sound recordings-issues 72
What rights are affected? 73
Reproduction 73
Distribution 73
Adaptation 73
Public performance 73
Public display 74
Digital transmission 74
What guidelines affect AV materials? 74
5 yes/no questions 75
Umbrella licenses 77
Home use only 78
Examples of analysis 79
Off-air taping guidelines 80
"Air" vs. cable vs. satellite 81
Taping in anticipation 85
Public performance rights 85
Examples of acceptable performances 87
Examples of unacceptable performances 87
Archiving audiovisual works 88
Closed captioning 88
Video distribution 89
Digital video servers 90
Sound recordings 90
Sampling 94
The MP3 dilemma 94
Related cases 95
Works cited 96
Chapter 6 Music Materials in Schools (Print and Recorded) 97
What typical activities are covered? 97
Reproduction of sheet music-issues 97
Performances of sheet music-issues 98
Reproduction of recorded music-issues 98
Performances of recorded music-issues 98
Adaptation of sheet music-issues 99
What guidelines affect music? 99
Print music 100
Recorded music 100
What rules/laws are different about recordings? 101
Music in performance 102
Performance rights organizations 102
Permissions 103
Resources for understanding 104
Related cases 104
Works cited 104
Chapter 7 Multimedia in Schools 105
What typical activities are covered? 105
Student multimedia projects-issues 105
Teacher multimedia projects-issues 105
What rights are affected? 106
Reproduction 106
Adaptation 106
Distribution 106
Public performance 106
Public display 106
Digital transmission 106
What guidelines affect multimedia? 106
Multimedia guidelines 106
Special definitions for multimedia 107
Multimedia-covered or not? 108
Retention and access 108
Secure network 109
Insecure network 109
Quantity limits 109
How many copies? 110
Other restrictions 110
Attribution 111
Multimedia tips 112
Resources for understanding 113
Works cited 113
Chapter 8 Distance Learning in Schools 115
History of distance learning and copyright 115
TEACH Act guidelines 116
Policy makers 117
Information technology staff 117
Instructors/developers 117
Resources for understanding 118
Chapter 9 Internet in Schools 119
What typical activities are covered? 119
Printing pages-issues 119
Bookmarks-issues 120
Links-issues 120
Copying pages to local servers-issues 120
Redistributing pages-issues 121
Email-issues 121
Chat and IM-issues 122
What rights are affected? 122
Reproduction 122
Adaptation 122
Distribution 122
Public performance 122
Public display 122
Digital transmission 123
The difference between an AUP and copyright 123
Special rules for Internet 123
Registered agent 123
Why is this important? 124
What guidelines affect Internet? 124
Special considerations for different Internet services 126
E-mail 126
Newsgroup and discussion list information 127
Use of web page information 127
Chat 128
Copying internet code 128
Resources for understanding 129
Works cited 129
Chapter 10 Computer Software in Schools 131
What typical activities are covered? 131
Multiple installs-issues 132
Networking-issues 133
Checking out software-issues 133
Clip art-issues 133
Types of infringement 134
What rights are affected? 135
Reproduction 135
Adaptation 135
Distribution 135
Public performance 135
Public display 135
Special rules that affect computer software 135
License vs. copyright 136
Legitimate copying vs. piracy 136
Software for free? 137
Lending software 137
Single-user programs 138
Networking 138
The software police 139
Copyright infringement vs. plagiarism 140
Software management tips 140
Resources for understanding 141
Works cited 141
Chapter 11 School Library Exemptions 143
Library exemptions 143
Preservation 144
Interlibrary loan 144
Rule of five 146
Periodicals 146
Other print materials 147
Examples and explanations 147
Photocopying 148
Unattended copiers 149
Copying orders 150
Copies for vertical file or item repair 150
Facsimile 151
Reserves 151
Copies for interlibrary loan 151
What to do when you can't meet CONTU requirements 152
Electronic reserves 153
Works cited 154
Chapter 12 Permissions 155
Copyright vs. contract 155
Permissions 157
Student and parent permissions 162
Works cited 162
Chapter 13 Managing Copyright in Schools 163
Issues of managing copyright 163
Managing things 164
Managing people 166
Important recommendations in copyright management 167
Chapter 14 Copyright and Administrators 169
Suggestions for administrators 171
Chapter 15 Copyright Policies 173
Why have one? 173
What should a policy contain? 174
Works cited 175
Chapter 16 Appendices 177
Appendix A Copyright compliance agreement 177
Appendix B Copyright do's and don'ts for schools 178
Appendix C Copyright for kids 180
Appendix D Useful sources of information 181
Appendix E Copyright warning notices 186
Appendix F Sample copyright policy 188
Appendix G Release form 189
Appendix H Copyright and plagiarism gui
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