Challenges of Copyright

Ah...copyright...the one thing (besides technology which doesn't always seem to be on our side) giving educators, librarians, and administrators headaches everywhere!

It would seem to be easy: you can't copy. You can't have public performances of movies or music. That's it in a nutshell. Right?

But...

This is education. In education, there is a way to utilize copyrighted items for educational purposes. This is the Fair Use Exemption. Unfortunately, in the technological and digital age, copyright is not as cut and dried as it was years ago.

For instance, we used to simply have textbooks, teacher ancillary materials (which were supposed to be copied: worksheets, quizzes, and the like), and workbooks (which were consumables so could never be copied). Now there are free printables on the Internet, teacher pay websites (where it is not always clear if the worksheet is to be purchased to be copied, or if one copy is to be purchased for every student), online textbooks with student materials (can these be printed, or are they only for digital use?), and so on.

Then, there were movies: only VHS, of course. These were rented by the school or owned and housed in the media center to be shown on a VCR/TV cart. Teachers had 45-50 minute classes and would need to rewind between every class so any videos being shown were short, educational films connecting the curriculum to a visual/audio format. Now, with the advent of the 90 minute block and digital media, the "rewind" chore of the past is not an issue and longer videos can be shown. With Smart Boards and DVD drives on computers, there is often no need for equipment checkout as well. There are also the numerous educational videos on YouTube and Discovery Education for teachers to enhance their curriculum.

Of course, music was played at one time in a tape player which often "ate" more than it played so very few teachers risked personal tapes and everything was "educational". Then CDs could be put in a CD player, allowing specific tracks to be played; teachers began bringing music from home. For years classical music was heard in many math classes after studies showed it might improve mathematical reasoning skills. With the Internet, music became more readily available through Pandora and other streaming sites.

But what meets copyright law? What breaks the law? What could potentially cost a teacher his or her job?

Well, through many different situations, I offer the following advice:

Regarding copies:

1. If the source says "Workbook" or "Student" anywhere on it, it is most likely a consumable, one-use only book. This means students are not to copy it on their own paper, it cannot be scanned onto a website or into Google classroom, or copied. Look on the bottom and the back of the title page and inside the cover. The back cover also sometimes has information regarding copy permissions.
2. If the source says "Teacher Resource", "Worksheets", or something similar, it is most likely intended to be copied. This means you should still check the above mentioned places for copy permissions.
3. If you are purchasing it off a pay-site like Teachers Pay Teachers, PLEASE read the site carefully. We need to support each other within our profession, not take items without paying for their use. If the item is intended to be copied, do not share it with other teachers but feel free to use with your students. If the item is one use only, you will need to purchase one for every student, EVERY YEAR.
4. When in doubt, ASK! There should be someone at your school who is familiar with copyright and fair use, often the media coordinator/librarian or technology facilitator. Don't copy until  you know it's okay to do so. This is not the time to "do first, ask forgiveness later" because breaking copyright law has legal and employment consequences. (Is that copy worth your job?)

Movies:

1. Copyright law regarding movies and the educational exemption is very clear: showing a "home use only" video (which is clearly marked on all VHS, DVD, and Blu-Rays) in the classroom is considered a "public performance". Buying the video gives you the right to use it personally only. HOWEVER, if it is shown in ONE classroom (not to multiple classes at once or over a video retrieval system) DURING face-to-face instruction by the teacher or instructor (NOT a substitute) in the NORMAL educational setting (i.e.: a classroom, not a charter bus), then you are allowed to show it. (Although check your school board policy. In my school system it is AGAINST school board policy to use a personally owned video in any format, even if you specifically purchased it for use at school.
2. The video cannot be a reward, to occupy students while you grade/do report cards, or because you are not ready to start the next unit (like on the day before a major holiday).
3. Many school systems have rules regarding the ratings system and whether or not Disney movies can be shown. In my school system it is school board policy that NO DISNEY MOVIES can be shown.    
4. One solution: utilize video sites like Discovery Education for your video needs if at all possible. If your school system does not use this resource, perhaps you can work with your media and technology department on getting a subscription for your school. 
5. Once again, ask yourself: For what movie are you willing to be fired and possibly lose your teaching license?

 Music:

1. This is a difficult one for most people because we listen to music in so many places: stores, our cars, restaurants. But to play music purchased for personal enjoyment (CD, MP3 file, Itunes, etc.) in the classroom means you are holding a public performance of the music.
2. Just a little over one year ago, a restaurant in Raleigh was fined $40,000 for having played TWO songs without public performance rights. Do you have that much money if you are fined?
3. Pandora recently contacted our school system and alerted the county office that playing Pandora for free in the classroom was a public performance and was not allowed. Remember, most school systems can and do track what students and employees do on school machines on the school servers!
4.  One solution: search for music in the "public domain" or in the "creative commons" because these are ALWAYS copyright allowed. Of course, the most up-to-date music won't be playing on your speakers, but there is some interesting music from by-gone eras to which your students can listen.
5. Can you guess what I'm going to recommend  you ask yourself? That's right. Always think: is the music you want to play (or your students are asking to play) more valuable than your job?

Here's a video made with the help of some wonderful library assistants to teach copyright to students: