Copyright for Schools: A Practical Guide (Paperback, 6, Revised)

Illustrations Acknowledgments Introduction to the Sixth Edition Chapter 1: The Law History Origin in the United States What It Is Now Rights of a Copyright Holder Reproduction Adaptation Distribution Limitation on Right of Distribution: First Sale Doctrine Public Performance What Is "Public" Public Display Digital Transmission of Sound Recordings Moral Rights Enter Fair Use How Does One Get a Copyright? What Can't Be Protected by Copyright? Work for Hire Ideas Duration of Copyright Protected or Not? Registering a Work Recent Laws No Electronic Theft (NET) Act Visual Artists Rights Act (VARA) Digital Millennium Copyright Act (DMCA) Sonny Bono Copyright Term Extension Act Digital Performance Right in Sound Recordings Act Technology, Education and Copyright Harmonization Act (TEACH Act) Family Entertainment and Copyright Act Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) Marrakesh Treaty Implementation Act (MTIA) Penalties for Infringement Liability State Copyright Laws Related Laws Contract Law Privacy Statutes Trademark Law Trade Secret Law Why Is Any of This Significant for Schools? How Is a School Sued? What If There Is No Trial? Why Worry, Why Bother? Works Cited Chapter 2: Public Domain What Is It? How Does Something Get into the Public Domain? How Long Does Public Domain Last? What Can You Do with Public Domain Materials? How Do You Find Public Domain Materials? Works Cited Chapter 3: Licensed and Royalty-Free Materials How Do "Copyright Free," "Royalty Free," "License," and "Lease" Differ? How Can I Use Royalty-Free Materials? Licenses for Royalty-Free Materials: Creative Commons Some Other Open Source Licensing Options Open Access versus Open Educational Resources What Entities Do NOT Allow Royalty-Free Access to Materials Sources of Royalty-Free Materials Works Cited Chapter 4: Fair Use What Is It? Difference between Statutory Fair Use and Guidelines Examples of Fair Use Analysis Factor One: Purpose and Character of Use Factor One, Part 1: Nonprofit Educational Use Factor One, Part 2: Criticism, Commentary, or News Reporting Factor One, Hidden Issue: Transformativeness Factor One, Hidden Issue: Bad Faith Factor Two: Nature of Copyrighted Work Factor Two, Part 1: Factual or Creative? Factor Two, Part 2: Published or Not Published? Factor Three: Amount of Work Used? Factor Three, Hidden Issue: Essence of Work Factor Four: Effect of Use on Market for or Value of Work Factor Four: Commercial Use Factor Four, Hidden Issue: Misrepresentation What Would Happen if Everyone Were to. Various Types of Guidelines To Whom Does It Apply? Schools versus Libraries Works Cited Chapter 5: Print Materials in Schools What Typical Activities Are Covered? Photocopying-Issues Phonorecords-Issues Graphics-Issues A Graphics Case in Point Murals-Issues Scanning-Issues What Rights Are Affected? Reproduction Distribution Adaptation Display What Guidelines Affect Print Materials? Kastenmeier Report Details of Report Single Copies for Teachers Multiple Copies for Classroom Use Brevity Spontaneity Cumulative Effect Examples of Acceptable Multiple Copying Examples of Unacceptable Multiple Copying Print Permission Issues Consumable Materials Periodicals Graphics Student Work Scanners Fair Use Index Resources for Understanding Fair Use of Print Materials Glossary Works Cited Chapter 6: Audiovisual Materials in Schools What Typical Activities Are Covered? Movies-Issues TV/Cable/Satellite-Issues Web-Issues Sound Recordings-Issues What Rights Are Affected? Reproduction Distribution Adaptation Public Performance Public Display Digital Transmission What Guidelines Affect AV Materials? Five Yes/No Questions Nonprofit Educational Classroom or Similar Place Instructors and Pupils in the Course of Face-to-Face Teaching Activities Legally Acquired Copy Library Student or Teacher Borrowed from Library Rented Video CAVEAT 1: Digital Downloads CAVEAT 2: Streamed Videos Recorded Off-Air Face-to-Face Teaching Activities Umbrella/Blanket Licenses Home Use Only Streaming Services Movie Cautions Examples of Analysis Off-Air Recording Guidelines "Air" versus Cable versus Satellite Recording in Anticipation Public Performance Rights Examples of Acceptable Performances Examples of Unacceptable Performances Archiving Audiovisual Works Video Distribution Digital Video Servers/Video Streaming Servers Sound Recordings Noninstructional Performances of Sound Recordings Copying Sound Recordings Sampling The Digital File Sharing Dilemma Music Copyright Infringement Resource Works Cited Chapter 7: Music Materials in Schools (Print and Recorded) What Typical Activities Are Covered? Reproduction of Sheet Music-Issues Performances of Sheet Music-Issues Reproduction of Recorded Music-Issues Performances of Recorded Music-Issues Adaptation of Sheet Music-Issues What Guidelines Affect Music? Print Music Recorded Music What Rules/Laws Are Different about Recordings? Music in Performance Broadcasting Music Performance Rights Organizations Permissions and Licenses Music for Free? Background Music Clip Music Resources for Understanding Works Cited Chapter 8: Multimedia in Schools What Typical Activities Are Covered? Student Multimedia Projects-Issues Teacher Multimedia Projects-Issues What Rights Are Affected? Reproduction Adaptation Distribution Public Performance Public Display Digital Transmission What Guidelines Affect Multimedia? Multimedia Guidelines Special Definitions for Multimedia Multimedia-Covered or Not? Collection or Adaptation? Collection Adaptation Retention and Access Secure Network Insecure Network Quantity Limits How Many Copies? Other Restrictions Attribution Citing Creative Commons-Licensed Material Multimedia Tips Resources for Understanding Works Cited Sample Mediography Chapter 9: Distance Learning in Schools History of Distance Learning and Copyright TEACH Act Requirements Policymakers Information Technology Staff Instructors/Developers Digitizing for Online Learning Resources for Understanding Work Cited Chapter 10: Internet in Schools What Typical Activities Are Covered? Printing Pages-Issues Bookmarks-Issues Links-Issues Copying Pages to Local Servers-Issues Redistributing Pages-Issues Email-Issues Chat and Instant Messenger-Issues Social Media-Issues Streamed Video/Audio Services (e.g., Netflix or Pandora)-Issues What Rights Are Affected? Reproduction Adaptation Distribution Public Performance Public Display Digital Transmission The Difference between an AUP and Copyright Special Rules for Internet Designated Agent Why Is This Important? How Do We Know That Someone Claims to Own Some Material Mounted on Our Website? What Guidelines Affect Internet? Special Considerations for Different Internet Services Email Newsgroup, Discussion List, and Other Social Media Information Web Page Information Chat Copying Internet Code New-Generation Applications Social Networking Podcasting YouTube, Teacher Tube, and Similar Video Sharing Sites Flickr, Google Photos, Snapfish, Phototheca, and Similar Photo-Sharing Sites Diigo, Pinterest, StumbleUpon, Reddit, and Other Social Bookmarking Sites Wikis and Other User-Contributed Online Databases Kindle and Other E-books/Audiobooks Blogs, Vlogs, and Other Self-Publishing Twitter and Other Microblogging Tools Second Life, MUDs, MOOS, and Other Virtual Worlds The Cloud-Document/File Sharing Microsoft 365, Google Docs, and Similar Applications Resources for Understanding Works Cited Chapter 11: Computer Software in Schools What Typical Activities Are Covered? Multiple Installs-Issues Networking-Issues Web-Based Software-Issues Checking Out Software-Issues Clip Art-Issues Types of Infringement Direct Infringement Indirect Infringement Contributory Infringement Vicarious Liability for Infringement by Another Person What Rights Are Affected? Reproduction Adaptation Distribution Public Performance Public Display Special Rules That Affect Computer Software License versus Copyright Copyright Infringement versus Plagiarism Legitimate Copying versus Piracy Software for Free? Lending Software Single-User Programs Networking The Software Police Software Management Tips Resources for Understanding Works Cited Chapter 12: School Library Exemptions Preservation Interlibrary Loan ILL Copying Rule of Five Periodicals Other Print Materials Examples and Caveats What to Do When You Can't Meet CONTU Requirements Facsimile Scanning Cautions about ILL Photocopying Unattended Copiers Copying Orders Copies for Item Repair Reserves Electronic Reserves Works Cited Chapter 13: Exemptions for Students with Disabilities Copies for Students with Disabilities Modification to Motion Media for Students with Disabilities Closed Captioning Reconciling IEP and Section 504 Requirements with Fair Use Provisions Works Cited Chapter 14: Copyright Misconceptions Copyright versus Contract Fair Use versus License versus First Sale Doctrine Copyright versus Plagiarism Allowable Actions versus Copyright Confusions Works Cited Chapter 15: Permissions License Modification Shrink-Wrap Licenses Permission for Commercial Use Permission Considerations Writing Permission Letters Student and Parent Permissions Works Cited Chapter 16: Managing Copyright in Schools Issues of Managing Copyright Managing Things Print Video/Film Audio, Including Music Computer Software Computer Hardware Internet Managing People Students Teachers Staff Administrators Important Recommendations in Copyright Management Chapter 17: Responding to Copyright Violation Notices Types of Legal Communication Responding to Cease and Desist Letters First Steps Data/Information to Gather Actions to Avoid Responding to Formal Lawsuits First Steps Data/Information to Gather Actions to Avoid Settlement Chapter 18: Copyright and Administrators Suggestions for Administrators Works Cited Chapter 19: Copyright Policies Why Have One? What Should a Policy Contain? Works Cited Chapter 20: Appendices Appendix A-Copyright Compliance Agreement Appendix B-Copyright Dos and Don'ts for Schools Appendix C-Copyright for Kids Appendix D-Useful Sources of Information Appendix E-Copyright Warning Notices Appendix F-Sample Copyright Policy Appendix G-Release Forms Appendix H-Copyright and Plagiarism Guidelines for Students Appendix I-How Much Material May I Use in My PowerPoint Presentation? Appendix J-Significant Copyright Law Section References Appendix K-Bibliography of Selected Works on Copyright Appendix L-Important Internet Links for Copyright Information Appendix M-Sources of Audiovisual Works with Public Performance Rights Appendix N-Database of Copyright Actions against Schools Appendix O-Copyright Questions and Answers: A Reproducible Brochure Appendix P-Copyright Infringement Reporting Form Appendix Q-Agreement to Translate Appendix R-OA/OER Brochure Concordance Index