Copyright for Schools: A Practical Guide
Copyright for Schools makes legal concepts related to U.S. copyright law understandable to educators. A staple on reference shelves, it has now been updated with new court rulings and technology applications.

This updated edition of Copyright for Schools explains U.S. copyright law as it applies to education settings clearly and concisely for teachers and school librarians.

Topics new to this edition include copyright implications related to the use of such streaming services as Netflix™ and Pandora™, links to online tools that teachers can use to assist them in making their own daily decisions regarding the use of copyrighted materials, and implications relating to the use of anonymous internet publishing tools such as Snapchat™ and use of Cloud-based sharing. Other new topics include issues related to disability, how to appropriately respond to cease and desist letters and other legal inquiries, implications of the Music Modernization Act, and expanded discussion of open resources such as Creative Commons licenses.

This edition also adds a concordance in a "Scope and Sequence" table format, so all information related to U.S. copyright knowledge is accessible no matter where it resides within the text, and provides links to online tools and resources that can be used to guide users of copyrighted materials in making decisions about how to use them. Still included are the real-world applications and the Q&A sidebars from prior editions.

1130196621
Copyright for Schools: A Practical Guide
Copyright for Schools makes legal concepts related to U.S. copyright law understandable to educators. A staple on reference shelves, it has now been updated with new court rulings and technology applications.

This updated edition of Copyright for Schools explains U.S. copyright law as it applies to education settings clearly and concisely for teachers and school librarians.

Topics new to this edition include copyright implications related to the use of such streaming services as Netflix™ and Pandora™, links to online tools that teachers can use to assist them in making their own daily decisions regarding the use of copyrighted materials, and implications relating to the use of anonymous internet publishing tools such as Snapchat™ and use of Cloud-based sharing. Other new topics include issues related to disability, how to appropriately respond to cease and desist letters and other legal inquiries, implications of the Music Modernization Act, and expanded discussion of open resources such as Creative Commons licenses.

This edition also adds a concordance in a "Scope and Sequence" table format, so all information related to U.S. copyright knowledge is accessible no matter where it resides within the text, and provides links to online tools and resources that can be used to guide users of copyrighted materials in making decisions about how to use them. Still included are the real-world applications and the Q&A sidebars from prior editions.

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Copyright for Schools: A Practical Guide

Copyright for Schools: A Practical Guide

Copyright for Schools: A Practical Guide

Copyright for Schools: A Practical Guide

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Overview

Copyright for Schools makes legal concepts related to U.S. copyright law understandable to educators. A staple on reference shelves, it has now been updated with new court rulings and technology applications.

This updated edition of Copyright for Schools explains U.S. copyright law as it applies to education settings clearly and concisely for teachers and school librarians.

Topics new to this edition include copyright implications related to the use of such streaming services as Netflix™ and Pandora™, links to online tools that teachers can use to assist them in making their own daily decisions regarding the use of copyrighted materials, and implications relating to the use of anonymous internet publishing tools such as Snapchat™ and use of Cloud-based sharing. Other new topics include issues related to disability, how to appropriately respond to cease and desist letters and other legal inquiries, implications of the Music Modernization Act, and expanded discussion of open resources such as Creative Commons licenses.

This edition also adds a concordance in a "Scope and Sequence" table format, so all information related to U.S. copyright knowledge is accessible no matter where it resides within the text, and provides links to online tools and resources that can be used to guide users of copyrighted materials in making decisions about how to use them. Still included are the real-world applications and the Q&A sidebars from prior editions.


Product Details

ISBN-13: 9781440864834
Publisher: Bloomsbury Academic
Publication date: 01/12/2021
Edition description: 6th Revised ed.
Pages: 394
Product dimensions: 8.55(w) x 10.95(h) x 0.95(d)

About the Author

Carol Simpson is a practicing attorney, retired associate professor of library and information science, and former school librarian, teacher, and district library administrator.

Sara E. Wolf is an associate professor at Auburn University. Her interest in copyright began more than 25 years ago and has grown to include speaking, teaching, and institutional policy development activities.

Table of Contents

Illustrations xv

Acknowledgments xvii

Introduction to the Sixth Edition xix

Chapter 1 The Law 1

History 1

Origin in the United States 1

What It Is Now 1

Rights of a Copyright Holder 2

Reproduction 3

Adaptation 3

Distribution 4

Limitation on Right of Distribution: First Sale Doctrine 4

Public Performance 6

What Is "Public" 6

Public Display 7

Digital Transmission of Sound Recordings 8

Moral Rights 8

Enter Fair Use 9

How Does One Get a Copyright? 9

What Can't Be Protected by Copyright? 10

Work for Hire 14

Ideas 15

Duration of Copyright 17

Protected or Not? 18

Registering a Work 19

Recent Laws 20

No Electronic Theft (NET) Act 21

Visual Artists Rights Act (VARA) 21

Digital Millennium Copyright Act (DMCA) 22

Sonny Bono Copyright Term Extension Act 24

Digital Performance Right in Sound Recordings Act 25

Technology, Education and Copyright Harmonization Act (TEACH Act) 25

Family Entertainment and Copyright Act 25

Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) 25

Marrakesh Treaty Implementation Act (MTIA) 27

Penalties for Infringement 27

Liability 30

State Copyright Laws 31

Related Laws 31

Contract Law 31

Privacy Statutes 32

Trademark Law 32

Trade Secret Law 33

Why Is Any of This Significant for Schools? 34

How Is a School Sued? 36

What If There Is No Trial? 37

Why Worry, Why Bother? 37

Works Cited 38

Chapter 2 Public Domain 41

What Is It? 41

How Does Something Get into the Public Domain? 41

How Long Does Public Domain Last? 43

What Can You Do with Public Domain Materials? 43

How Do You Find Public Domain Materials? 43

Works Cited 44

Chapter 3 Licensed and Royalty-Free Materials 45

How Do "Copyright Free," "Royalty Free," "License," and "Lease" Differ? 45

How Can I Use Royalty-Free Materials? 46

Licenses for Royalty-Free Materials: Creative Commons 46

Some Other Open Source Licensing Options 49

Open Access versus Open Educational Resources 50

What Entities Do NOT Allow Royalty-Free Access to Materials 52

Sources of Royalty-Free Materials 52

Works Cited 53

Chapter 4 Fair Use 55

What Is It? 56

Difference between Statutory Fair Use and Guidelines 56

Examples of Fair Use Analysis 58

Factor One: Purpose and Character of Use 58

Factor One, Part 1: Nonprofit Educational Use 59

Factor One, Part 2: Criticism, Commentary, or News Reporting 59

Factor One, Hidden Issue: Transformativeness 59

Factor One, Hidden Issue: Bad Faith 61

Factor Two: Nature of Copyrighted Work 62

Factor Two, Part 1: Factual or Creative? 62

Factor Two, Part 2: Published or Not Published? 62

Factor Three: Amount of Work Used? 63

Factor Three, Hidden Issue: Essence of Work 63

Factor Four: Effect of Use on Market for or Value of Work 65

Factor Four: Commercial Use 66

Factor Four, Hidden Issue: Misrepresentation 66

What Would Happen if Everyone Were to 66

Various Types of Guidelines 68

To Whom Does It Apply? 69

Schools versus Libraries 69

Works Cited 70

Chapter 5 Print Materials in Schools 73

What Typical Activities Are Covered? 74

Photocopying-Issues 75

Phonorecords-Issues 76

Graphics-Issues 76

A Graphics Case in Point 76

Murals-Issues 78

Scanning-Issues 78

What Rights Are Affected? 78

Reproduction 79

Distribution 79

Adaptation 79

Display 79

What Guidelines Affect Print Materials? 79

Kastenmeier Report 80

Details of Report 80

Single Copies for Teachers 80

Multiple Copies for Classroom Use 82

Brevity 83

Spontaneity 84

Cumulative Effect 84

Examples of Acceptable Multiple Copying 85

Examples of Unacceptable Multiple Copying 86

Print Permission Issues 87

Consumable Materials 87

Periodicals 88

Graphics 90

Student Work 92

Scanners 93

Fair Use Index 94

Resources for Understanding 94

Fair Use of Print Materials Glossary 94

Works Cited 95

Chapter 6 Audiovisual Materials in Schools 97

What Typical Activities Are Covered? 98

Movies-Issues 99

TV/Cable/Satellite-Issues 100

Web-Issues 101

Sound Recordings-Issues 101

What Rights Are Affected? 101

Reproduction 101

Distribution 101

Adaptation 102

Public Performance 102

Public Display 103

Digital Transmission 103

What Guidelines Affect AV Materials? 103

Five Yes/No Questions 104

Nonprofit Educational 104

Classroom or Similar Place 104

Instructors and Pupils in the Course of Face-to-Face Teaching Activities 104

Legally Acquired Copy 104

Library 106

Student or Teacher 106

Borrowed from Library 106

Rented Video 106

CAVEAT 1: Digital Downloads 106

CAVEAT 2: Streamed Videos 107

Recorded Off-Air 108

Face-to-Face Teaching Activities 109

Umbrella/Blanket Licenses 110

Home Use Only 110

Streaming Services 111

Movie Cautions 112

Examples of Analysis 112

Off-Air Recording Guidelines 114

"Air" versus Cable versus Satellite 114

Recording in Anticipation 120

Public Performance Rights 120

Examples of Acceptable Performances 121

Examples of Unacceptable Performances 122

Archiving Audiovisual Works 123

Video Distribution 124

Digital Video Servers/Video Streaming Servers 125

Sound Recordings 125

Noninstructional Performances of Sound Recordings 128

Copying Sound Recordings 129

Sampling 130

The Digital File Sharing Dilemma 133

Music Copyright Infringement Resource 134

Works Cited 134

Chapter 7 Music Materials in Schools (Print and Recorded) 137

What Typical Activities Are Covered? 137

Reproduction of Sheet Music-Issues 137

Performances of Sheet Music-Issues 137

Reproduction of Recorded Music-Issues 138

Performances of Recorded Music-Issues 138

Adaptation of Sheet Music-Issues 139

What Guidelines Affect Music? 139

Print Music 140

Recorded Music 140

What Rules/Laws Are Different about Recordings? 141

Music in Performance 142

Broadcasting Music 143

Performance Rights Organizations 144

Permissions and Licenses 145

Music for Free? 147

Background Music 148

Clip Music 149

Resources for Understanding 149

Works Cited 150

Chapter 8 Multimedia in Schools 153

What Typical Activities Are Covered? 153

Student Multimedia Projects-Issues 153

Teacher Multimedia Projects-Issues 153

What Rights Are Affected? 154

Reproduction 154

Adaptation 154

Distribution 154

Public Performance 154

Public Display 154

Digital Transmission 154

What Guidelines Affect Multimedia? 154

Multimedia Guidelines 155

Special Definitions for Multimedia 156

Multimedia-Covered or Not? 156

Collection or Adaptation? 157

Collection 157

Adaptation 157

Retention and Access 159

Secure Network 160

Insecure Network 160

Quantity Limits 161

How Many Copies? 163

Other Restrictions 163

Attribution 163

Citing Creative Commons-Licensed Material 165

Multimedia Tips 165

Resources for Understanding 166

Works Cited 166

Sample Mediography 166

Chapter 9 Distance Learning in Schools 169

History of Distance Learning and Copyright 169

TEACH Act Requirements 170

Policymakers 172

Information Technology Staff 172

Instructors/Developers 173

Digitizing for Online Learning 174

Resources for Understanding 174

Work Cited 175

Chapter 10 Internet in Schools 177

What Typical Activities Are Covered? 177

Printing Pages-Issues 177

Bookmarks-Issues 178

Links-Issues 178

Copying Pages to Local Servers-Issues 178

Redistributing Pages-Issues 179

Email-Issues 179

Chat and Instant Messenger-Issues 179

Social Media-Issues 180

Streamed Video/Audio Services (e.g., Netflix or Pandora)-Issues 180

What Rights Are Affected? 180

Reproduction 181

Adaptation 181

Distribution 181

Public Performance 181

Public Display 181

Digital Transmission 182

The Difference between an AUP and Copyright 182

Special Rules for Internet 182

Designated Agent 184

Why Is This Important? 184

How Do We Know That Someone Claims to Own Some Material Mounted on Our Website? 185

What Guidelines Affect Internet? 189

Special Considerations for Different Internet Services 192

Email 192

Newsgroup, Discussion List, and Other Social Media Information 193

Web Page Information 193

Chat 194

Copying Internet Code 194

New-Generation Applications 194

Social Networking 195

Podcasting 195

YouTube, Teacher Tube, and Similar Video Sharing Sites 197

Flickr, Google Photos, Snapfish, Phototheca, and Similar Photo-Sharing Sites 198

Diigo, Pinterest, StumbleUpon, Reddit, and Other Social Bookmarking Sites 199

Wikis and Other User-Contributed Online Databases 200

Kindle and Other E-books/Audio books 201

Blogs, Vlogs, and Other Self-Publishing 203

Twitter and Other Microblogging Tools 205

Second Life, MUDs, MOOS, and Other Virtual Worlds 205

The Cloud-Document/File Sharing 205

Microsoft 365, Google Docs, and Similar Applications 206

Resources for Understanding 206

Works Cited 206

Chapter 11 Computer Software in Schools 209

What Typical Activities Are Covered? 209

Multiple Installs-Issues 210

Networking-Issues 211

Web-Based Software-Issues 211

Checking Out Software-Issues 211

Clip Art-Issues 212

Types of Infringement 212

Direct Infringement 212

Indirect Infringement 213

Contributory Infringement 213

Vicarious Liability for Infringement by Another Person 213

What Rights Are Affected? 213

Reproduction 213

Adaptation 214

Distribution 214

Public Performance 214

Public Display 214

Special Rules That Affect Computer Software 214

License versus Copyright 214

Copyright Infringement versus Plagiarism 216

Legitimate Copying versus Piracy 216

Software for Free? 217

Lending Software 218

Single-User Programs 218

Networking 219

The Software Police 219

Software Management Tips 220

Resources for Understanding 221

Works Cited 221

Chapter 12 School Library Exemptions 223

Preservation 224

Interlibrary Loan 225

ILL Copying 225

Rule of Five 228

Periodicals 228

Other Print Materials 229

Examples and Caveats 229

What to Do When You Can't Meet CONTU Requirements 230

Facsimile 231

Scanning 232

Cautions about ILL 232

Photocopying 232

Unattended Copiers 233

Copying Orders 234

Copies for Item Repair 234

Reserves 235

Electronic Reserves 235

Works Cited 237

Chapter 13 Exemptions for Students with Disabilities 239

Copies for Students with Disabilities 239

Modification to Motion Media for Students with Disabilities 241

Closed Captioning 241

Reconciling IEP and Section 504 Requirements with Fair Use Provisions 242

Works Cited 243

Chapter 14 Copyright Misconceptions 245

Copyright versus Contract 245

Fair Use versus License versus First Sale Doctrine 246

Copyright versus Plagiarism 247

Allowable Actions versus Copyright Confusions 249

Works Cited 249

Chapter 15 Permissions 251

License Modification 251

Shrink-Wrap Licenses 252

Permission for Commercial Use 253

Permission Considerations 253

Writing Permission Letters 254

Student and Parent Permissions 259

Works Cited 259

Chapter 165 Managing Copyright in Schools 261

Issues of Managing Copyright 261

Managing Things 262

Print 262

Video/Film 263

Audio, Including Music 263

Computer Software 263

Computer Hardware 263

Internet 264

Managing People 264

Students 264

Teachers 266

Staff 266

Administrators 266

Important Recommendations in Copyright Management 267

Chapter 17 Responding to Copyright Violation Notices 269

Types of Legal Communication 269

Responding to Cease and Desist Letters 269

First Steps 270

Data/Information to Gather 270

Actions to Avoid 270

Responding to Formal Lawsuits 270

First Steps 270

Data/Information to Gather 271

Actions to Avoid 271

Settlement 271

Chapter 18 Copyright and Administrators 273

Suggestions for Administrators 276

Works Cited 277

Chapter 19 Copyright Policies 279

Why Have One? 279

What Should a Policy Contain? 280

Works Cited 282

Chapter 20 Appendices 283

Appendix A Copyright Compliance Agreement 283

Appendix B Copyright Dos and Don'ts for Schools 285

Appendix C Copyright for Kids 287

Appendix D Useful Sources of Information 288

Appendix E Copyright Warning Notices 292

Appendix F Sample Copyright Policy 294

Appendix G Release Forms 295

Appendix H Copyright and Plagiarism Guidelines for Students 297

Appendix I How Much Material May I Use in My PowerPoint Presentation? 298

Appendix J Significant Copyright Law Section References 299

Appendix K Bibliography of Selected Works on Copyright 300

Appendix L Important Internet Links for Copyright Information 304

Appendix M Sources of Audiovisual Works with Public Performance Rights 306

Appendix N Database of Copyright Actions against Schools 317

Appendix O Copyright Questions and Answers: A Reproducible Brochure 317

Appendix P Copyright Infringement Reporting Form 320

Appendix Q Agreement to Translate 321

Appendix R OA/OER Brochure 323

Concordance 325

Index 355

What People are Saying About This

Carl A. Harvey

"Copyright for Schools has always been my go-to resource when questions come up about copyright. The new edition is full of scenarios, examples, and resources! Simpson and Wolf take the complex topic and break it down to help educators understand their rights and responsibilities. Every school library needs to have this book on their professional shelves to help all educators navigate the world of copyright!"

Gail K. Dickinson

"There is no area in library science more fraught with swirling change than that of copyright. For decades, Carol Simpson has been the leading authority on issues of copyright and fair use as it applies to the use of information, and her latest work provides crucial updates for librarians in all types of libraries. The extremely detailed table of contents makes the use of this book straightforward, so that needed answers can be found easily. It will be on every librarian’s go-to and must-have lists. Congratulations to the authors for a much-needed expert update on this topic!"

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