i 2008 by Hawaii State Department of Education, Office of Curriculum, Instruction and Student Support, Advanced Technology Research Branch.

Transcription

1 i 2008 by Hawaii State Department of Education, Office of Curriculum, Instruction and Student Support, Advanced Technology Research Branch.

2 TABLE OF CONTENTS Introduction... 1 What Is Copyright?... 2 Who Does the Copyright Protect?... 2 How Are Copyrighted Works Protected?... 2 How Long Does a Copyright Last?... 2 What Copyrighted Works Are Protected?... 3 What is NOT protected by copyright?... 3 Fair Use... 4 What Does Fair Use Cover?... 4 Recommendations on Fair Use... 5 What is Public Domain?... 5 What is Intellectual Property?... 5 What is a Patent?... 6 What is Trademark?... 6 What is the TEACH Act?... 6 What is the NET Act?... 7 What is Digital Millennium Copyright Act (DMCA)?... 7 What does Creative Commons License Mean?... 8 Copying Guidelines Copying Do s Copying Don ts -- Do not: Computer Software Licensed or Purchased Department of Education Resources DVDs Film Illustrations Internet DOE Internet Policy Tips for Using Information from the Internet Listserv Multimedia Music ii

3 Musical Works Music for Integration into Multimedia or Video Projects Off Air Recordings Photograph Print Material Satellite and Distance Learning Software restrictions -Do not: Sound Recordings Video for Integration into Projects or Multimedia Video Tapes for Viewing Video Recordings Off-Air Web Pages Student Guidelines Student Work and Copyright Conclusion State of Hawaii Department of Education Copyright Policy and Appendices Appendix A General Copyright Copyright Policies DOE COPYRIGHT REGULATIONS Memo on Use of Copyrighted Materials Appendix B Internet Policy and online resources Internet Policy and online resources Appendix C Computer Software Copyright Notice Appendix D Copyright Permission and Clearance Forms Student and Adult Publication/Video Release Forms Adult Publication/Video Release Form Permission to Reproduce Copyrighted Material Form PERMISSION TO USE and/or REPRODUCE STATE OF HAWAII DEPARTMENT OF EDUCATION MATERIAL FORM Other Resources on Copyright Publications Websites iii

4 INTRODUCTION This document provides guidelines for adherence to Hawaii State Board of Education Policy 2525, Copyright. The United States Copyright Act of 1976 states that a copyright owner has the exclusive right to reproduce, prepare derivative works, distribute, transfer ownership, rent, lend, perform or display his or her creations. Permission to duplicate or change copyright works in any way must be obtained or the user is in violation of the copyright law. The Board of Education adopted Policy 2525, Copyright, to ensure that Department of Education employees, volunteers, and students are made aware of and copy with the law. The ethical use of technology and information should be integrated into classroom instruction, especially as related to information literacy and electronic technologies. Fair use guidelines are included in detail to provide staff and students with specific measures in determining whether fair use allows them to legally use copyrighted materials without expressed permission from the owner. Educational use within the confines of fair use gives students the opportunity to access and benefit from the broadest range of materials. If fair use is in question, the document provides avenues for requesting permission to include copyrighted material as part of staff or student research or presentation by Hawaii State Department of Education, Office of Curriculum, Instruction and Student Support, Advanced Technology Research Branch.

5 WHAT IS COPYRIGHT? Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code) to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works. It protects all forms of expression: paper, recording on tape, coded into computers, etc. This protection applies to both published and unpublished works on or after January 1, For more information: < Who Does the Copyright Protect? Copyright protects the author/creator. Copyright protection exists from the moment a work is created in a fixed, tangible form of expression including Web published works. The copyright immediately becomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. How Are Copyrighted Works Protected? Authors are protected from having their original work altered by the following methods: o Reproduction (copies or tapes); o Adaptation, or creation of derivative works; o Distribution by sale, gift, rental, lease or loan; o Public performance of the work; o Public display; and, o Digital transmission of sound recordings. How Long Does a Copyright Last? The term of copyright for a particular work depends on several factors. A general rule for copyright is that works created after January 1, 1978, are covered under the copyright law. Works are covered for the life of the author plus an additional 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works published before Jan. 1, 1978, see: < 2

6 What Copyrighted Works Are Protected? Copyright protects original works of authorship that are fixed in a tangible form of expression. Copyrightable works include the following categories: o Architectural works; o Dramatic works, including any accompanying music; o Literary works; o Motion pictures and other audiovisual works; o Musical works, including any accompanying words; o Pantomimes and choreographic works; o Pictorial, graphic, and sculptural works; o Sound recordings; and, o Software and websites. For more information, see: < What is NOT protected by copyright? Several categories of material are generally not eligible for federal copyright protection. These include: o Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded). o Titles, names, short phrases, facts, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents. o Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices as distinguished from a description, explanation, or illustration. o Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources). o The exemptions do not apply to works created by state, local or foreign governments. For more information: < 3

7 FAIR USE Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright protected works do not require permission from the copyright holder or its agent Fair use is a legal defense not a law. Fair use was not mentioned in the previous copyright law; the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship and research. For a brochure on Fair Use: < Fair use can be measured by: o The purpose and character of the use must be for non-profit educational use. o The amount and substantiality of the portion used. o The effect of the use upon the potential market for or value of the copyrighted work. Most fair use analysis falls into two categories: commentary and criticism or parody. o Fair use principles allow reproduction of some of the work to achieve a purpose. o Fair use usually allows for parodies - works that ridicule another. Fair use prohibits: o Copying of copyrighted works intended to be consumable such as workbooks, exercises, standardized tests, answer sheets. o Creation or replacement of anthologies. o Substitution for the purchasing of materials. o Repeated copying and use of the same item year after year. o The use of copyrighted material in multimedia projects lasting more than two years. For more information: < What Does Fair Use Cover? Fair Use covers: Work used for the purpose of criticism, comment, news reporting, teaching, scholarship or research is not an infringement of copyright. (Section 106 and 106A) Four factors should be considered in determining whether or not a particular use is fair (Section 107): o Purpose and Character of the work Is it for commercial or nonprofit educational use? 4

8 o Nature of the copyrighted work Is the work creative, educational, scholarly, published? o Amount of the work How much of the work was used? o Effect on the work s potential market value Does the use have a negative impact on the value of the work? The safest approach is to obtain permission from the copyright owner. For more information: < Recommendations on Fair Use Always credit the source of your information Find out if the author of a work (e.g., video, audio, graphic, icon) provides information on how his or her work can be used. If explicit guidelines exist, follow them. Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received. Permission to Reproduce Forms < For more information: < WHAT IS PUBLIC DOMAIN? Material that may be freely used and copied without compensation to anyone. It includes: government publications; material with expired, un-renewed copyright, or works which the creator has made "public domain." It is the opposite of copyrighted material. In copyright the author retains control over how his or her work is used. WHAT IS INTELLECTUAL PROPERTY? The key forms of intellectual property are patents, copyrights, trademarks, and trade secrets. In the case of works for hire, the employer not the writer/creator is considered the owner. Work done as a part of your employment is considered owned by the employer. o Any work created by a DOE employee in the course of their job (i.e., rubrics, templates, etc.) is considered the property of the Department of Education. Originator of work may record their name on the document to provide a point of origin and reference. When modifying work created by someone else, the person modifying should credit the originator. Suggestion for giving credit: 5

9 <name of teacher modifying the work> School name Modified from the original by <name of originator> 2007, Hawaii Department of Education For more information: < WHAT IS A PATENT? A patent is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. U.S. patent grants are effective only within the United States, U.S. Territories, and U.S. Possessions. It offers the inventor the right to exclude others from making, using, offering for sale, selling or importing the invention. The term of a new patent is generally 20 years from the date the patent was filed in the United States. Patent Law: Public Law , 113 Stat (1999) For more information: < WHAT IS TRADEMARK? A trademark is brand name. Trademarks are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise. A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. For more information: < WHAT IS THE TEACH ACT? The Technology, Education and Copyright Harmonization Act pertains to using copyright-protected material in distance education. It addresses the digital environment and redefines how qualifying institutions can use copyright-protected materials in distance education. Allows for the use of limited amounts of copyright protected materials. 6

10 To qualify for the TEACH Act exemptions, the following criteria must be met in order to use copyrighted materials in distance education: o The institution must be an accredited, non-profit educational institution. o The use must be: Part of mediated instructional activities. Limited to a specific number of students enrolled in a specific class. For live or asynchronous class sessions. o The use must not include the transmission of textbook materials, materials typically purchased or acquired by students, or works developed specifically for online use. For more information: TEACH Act TEACH Act Checklist: < Other resources: o Indiana University Copyright Management Center: < o National Education Association - Intellectual Property and Copyright Resources WHAT IS THE NET ACT? The No Electronic Theft Act was signed into law on Dec. 16, It protects electronic copyrighted works from distribution, reproduction or sharing of songs, games, music or software. For more information: < or < WHAT IS DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)? Signed into law in October Key provisions: o Allows libraries and archives to make up to three digital copies of works for preservation purposes. o Establishes statutory fees for digital transmission of sound recordings and web-casting of sound recordings. o Allows libraries to migrate works held on obsolete media to current technologies. o Allows computer technicians to make a RAM or backup copy of computer software while doing computer hardware repair. o Requires a complete copyright notice on copies of the original. 7

11 o Permits the owner or lessee of a computer to make or authorize the making of a copy of a computer program in the course of maintaining or repairing that computer. o Makes it a crime to circumvent anti-piracy measures built into most commercial software. o Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy. o Provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances. o Expects service providers to remove material from users' web sites that appears to constitute copyright infringement. o Requires that the Registrar of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users". o States explicitly that "nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..." For more information: < References: o The UCLA Online Institute for Cyberspace Law and Policy < o Simpson, Carol. Copyright for School: A Practical Guide. 4th. Worthington, Ohio: Linworth Publishing Co, WHAT DOES CREATIVE COMMONS LICENSE MEAN? Creative Commons is a non-profit organization devoted to sharing licenses to others to legally build upon. Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. You can use CC to change your copyright terms from "All Rights Reserved" to "Some Rights Reserved." A Creative Commons License allows the author of material to grant licensees baseline rights to use the material for noncommercial purposes. These licenses grant limited use of copyrighted work based on the following conditions: o Attribution People may copy, distribute, display & perform the work and make derivative works based on it for noncommercial purposes. Licensees must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). 8

12 o o No Derivative Works. People may copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it. Noncommercial: The work may not be used for commercial purposes. o Share Alike: If the work is altered, transformed, or built upon, distributing the resulting work may occur only under the same or similar license to this one. o For more information: < Other license options o Sampling Plus parts of the work can be copied and modified for any purpose other than advertising, and the entire work may be copied for noncommercial purposes. o Noncommercial Sampling Plus The whole work or parts of the work may be copied and modified for noncommercial purposes. For more information: < > 9

13 COPYING GUIDELINES As new technologies are introduced in our school, Department of Education (DOE) administrators, staff, and students need to be certain they are in compliance with the copyright law. Technology makes it easy for violations of the copyright law to occur in an educational setting where access to information is critical and time to request permission to duplicate copyrighted materials is limited. These guidelines provide information and resources that will allow Department employees, volunteers, and students to get the maximum benefit from educational materials without infringing on the authors right and without violating the copyright law. Copying Do s Before using any copyrighted works in your educational materials, identify the copyright owners and ask for permission to include their work. For works created in the United States, search the U.S. copyright office s register available at: < Always get permission from the copyright owner before using any copyrightprotected material. For more information: < Copying Don ts -- Do not: Make copies to replace/substitute anthologies, compilations, or collective works. Copy consumable materials including workbooks, exercises, standardized tests, test booklets, or answer sheets. Make multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals. Copy the same works semester to semester. Copy the same material for several different courses. Charge student for copying beyond actual cost of the photocopying. o This applies to any type of copyright-protected work such as images, video, music, software, and text. For more information: University of Maryland University < Computer Software Licensed or Purchased Always follow license agreements and copyright law. Software may be installed on multiple machines and distributed to users via a network. o Only one machine may use it at a time. A network license may be required for multiple users. o The number of machines may NOT exceed the number of licenses. Software loan - for libraries only: Libraries may lend software to patrons. Libraries may make archival copies to replace lost, damaged or stolen copies. 10

14 For more information: Chart outlining teachers fair use rights and responsibilities < db_area/archives/tl/2002/10/copyright_chart.pdf> Department of Education Resources The following offices can provide more detailed information regarding copyright laws in the specific areas. Web resources are linked through the Department of Education home page at Print Materials and Interlibrary Loan: School Library Services, Systems Group, Office of Accountability and School Instructional Support. Internet Access and Acceptable Use Policy: Advanced Technology Research, Office of Information and Telecommunications Services. Video and Music: Media Library, Teleschool Branch, Office of Information and Telecommunication Services DVDs DVDs legitimately acquired by school may be used in classroom. Copies may be made for archival purpose or to replace lost, damaged or stolen copies. Do not: o Make an anthology or collection from clips or excerpts. o Transfer the work to another medium, e.g., VHS/Beta to DVD. o Use a program for recreation or reward. See Memo dated 2/28/06 by Superintendent Patricia Hamamoto: USE OF VIDEO/TECHNOLOGY MATERIALS Students may use 10% or 3 minute portions of lawfully acquired copyrighted works in their academic multimedia projects. Proper attribution must be given to copyright works. For more information: Chart outlining teachers fair use rights and responsibilities < yright_chart.pdf> Contents of are owned by the author. Should not be copied and forwarded without permission of the author. 11

15 When using the DOE system (Lotus Notes or Makani), should be: o Kept professional and private. o Used for educational purposes only. o Not used for personal correspondence. Refer to Internet Policy Film Do not: o Make an anthology or collection from clips or excerpts. o Transfer the work to another medium e.g. film to video. o Use a program for recreation or reward without acquiring performance rights. Illustrations Works made from copyrighted materials may only be used for educational purposes by non-profit educational institutions using the Fair Use guidelines. One chart, graph, drawing, cartoon, diagram or picture may be copied per book or periodical issue. A teacher may copy for the purposes of research, teaching or preparation for teaching any of the following: o A single copy of a chapter from a book. o An article from a periodical or newspaper. o A short story, short essay, poem, chart, graph, diagram, drawing, cartoon, picture from a book. Each copy must have a reference to the copyright holder. Copyright ownership application information is available at: < For more information: Simpson, Carol. Copyright for School: A Practical Guide. 4 th. Worthington, Ohio: Linworth Publishing Co., Internet DOE Internet Policy 2170 Department of Education Internet Policy: < d/ e0635e4830a2566a30004e094?OpenDocument> Department of Education Internet Regulations: < No Electronic Theft (NET) Act signed into law on Dec. 16, o It protects electronic copyrighted works from distribution and reproduction or sharing of songs, games, music or software. o For more information: < 12

16 The same copyright protection exists for the author of a work regardless of whether the work is in a database, CD-ROM, bulletin board, or on the Internet. Work posted on the Internet is copyrighted and may not be used without permission from the copyright holder. Downloading these works may put the user in violation of the copyright law. The Internet IS NOT the public domain. There are both un-copyrighted and copyrighted materials available. Assume a work is copyrighted. Resources from the Internet may not be reposted with permission. For more information: o United State Copyright Office < o < > o Intellectual Property Rights: A Resource Guide for Educators < o Univ. of Maryland Univ. College < o Chart outlining teachers fair use rights and responsibilities < 0/copyright_chart.pdf> Tips for Using Information from the Internet Always credit the source of your information. Find out if the author of a work (e.g. video, audio, graphic, icon) provides information his or her work may be used. If explicit guidelines exist, follow them. Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received. Listserv Any messages sent to a newsgroup or list should be considered published. Entries should not be copied and forwarded without permission of the author. Always ask permission if re-posting to another group or list. Any messages should be kept professional and private, not used for personal correspondence. Multimedia Works made from copyrighted materials may only be used for educational purposes by non-profit educational institutions using the Fair Use guidelines Educator Use for Curriculum-Based Instruction o Works made from copyrighted materials may only be used for educational purposes by non-profit educational institutions. Up to 10 percent o Or 3 minutes -Motion media (film, video, television), o Or 1000 words of Text (prose poetry, drama), 13

17 o But not more than 30 seconds of Music, lyrics, and music video, o Or 2,500 fields or cells of Numerical data sets (computer databases or spreadsheets). May be used in its entirety but no more than 5 images from a single artist for Illustrations, cartoons, and photographs. o For more information: Intellectual Property Rights: A Resource Guide for Educators < o Univ. of Maryland Univ. College: Faculty And Student Guidelines On Copyright: < o Simpson, Carol. Copyright for School: A Practical Guide. 4th. Worthington, Ohio: Linworth Publishing Co., Music Musical Works Musical works, including any accompanying words, which are fixed in some tangible medium of expression is protected under copyright law. For more information: < o Intellectual Property Rights: A Resource Guide for Educators < o Univ. of Maryland Univ. College: Faculty And Student Guidelines On Copyright: < o Chart outlining teachers fair use rights and responsibilities < 10/copyright_chart.pdf> Music for Integration into Multimedia or Video Projects Works made from copyrighted materials may only be used for educational purposes by non-profit educational institutions using the Fair Use guidelines. Up to 10% or 30 seconds (whichever is less) of a copyright musical composition may be used, performed, and displayed as part of a multimedia program produced by educator or students. Multimedia productions must have an educational purpose. For more information: Chart outlining teachers fair use rights and responsibilities < yright_chart.pdf> Off Air Recordings Works must be used for instructional purposes, or face-to-face teaching, not for entertainment or filler Regular broadcast channel programming may be taped for classroom use and kept for 45 calendar days. Within the first 10 school days, students may view it once for instruction and once more for reinforcement. 14

18 Cable channel programming permission and retention stated in their guides. Check individual channels. Video tapes from Teleschool Branch, OCISS, include duplication rights. Prohibited: o Premium channels such as HBO or non-broadcast channels; such as Disney Channel. o Duplicating copyrighted video recording. o Copying for the purpose of entertainment or reward. Work is recorded in its entirety (need not be used in its entirety) Photograph No more than 5 images by a single artist or photographer may be used. Not more than 15 images or 10% (whichever is less) from a collection. Print Material Works made from copyrighted materials may only be used for educational purposes by non-profit educational institutions using the Fair Use guidelines. Up to 10 percent of the following may be used: o Poetry or 250 words o Articles, stories, essays less than 2,500 words o Not more than 1,000 words from prose longer than 2,500 words o Picture books, not more than 2 pages o Graphic novels, not more than 2 pages For more information: o Intellectual Property Rights: A Resource Guide for Educators: < o Chart outlining teachers fair use rights and responsibilities: < 0/copyright_chart.pdf> Satellite and Distance Learning Fair Use does not apply beyond the school building. All transmission is covered by public performance rules even though transmitted to classrooms in another location. An instructor must: o Ensure that all use is part of regular, systematic instruction, directly related to teaching content and is not entertainment, reward or enrichment. For more information: Simpson, Carol. Copyright for School: A Practical Guide. 4th. Worthington, Ohio: Linworth Publishing Co., Software 15

19 Copying into RAM if copying is necessary to use the program Copying one copy for archival purposes Library lending of public domain software Software restrictions -Do not: Circulate the archival copy Network software without license or permission Load single copy of a software program onto several computers for simultaneous use Make copies of copyrighted software for student use Sound Recordings Duplication rights must be obtained beyond Fair Use. The Fair Use criteria allows making: o A single copy of a student performance. o A single copy of a copyrighted sound recording for aural testing. o Copies of excerpts for academic purposes. o A copy in an emergency while waiting for a purchased copy to arrive. Copying is prohibited in the following instances: o To create or replace anthologies. o For the purpose of performance. o Without inclusion of the copyright notice. o In lieu of a purchase. For more information, see: < Video for Integration into Projects or Multimedia Works made from copyrighted materials may only be used for educational purposes by non-profit educational institutions using the Fair Use guidelines. Student may use 10% or 3 minute portions of lawfully acquired copyrighted works in their academic multimedia projects. Proper attribution must be given to copyright works. For more information: Chart outlining teachers fair use rights and responsibilities < yright_chart.pdf> Video Tapes for Viewing Works made from copyrighted materials may only be used for educational purposes by non-profit educational institutions using the Fair Use guidelines. Must be legitimately acquired by school. Must be used in classroom or non-profit environment. Must be dedicated to face-to-face instruction. 16

20 Copies may be made for archival purpose or to replace lost, damaged or stolen copies. Do not: o Make an anthology or collection from clips or excerpts. o Transfer the work to another medium; e.g., VHS or Beta to DVD. o Use a work for recreation, filler or reward. For more information: memo on Use of Video/Technology Materials addresses the showing of video using closed circuit system. Video Recordings Off-Air Regular broadcast channel programming may be taped for use in classrooms and kept for 45 calendar days, within the first 10 school days after taping, students may view the copy once for instruction, and once more, if necessary, for reinforcement. Thereafter, the tape can be used for evaluation purposes only, and must be erased after the 45 days. Policies regarding recording of cable channel programming vary. Permission and retention policies are stated in their guides, and programs may be copied only if permission to use a given program has been granted. Videotapes from the Teleschool branch, OITS, include duplication rights, and programs may be shown as many times as desired by the school. Prohibited: Copying from premium channels such as HBO, Cinemax, Showtime, etc., or nonbroadcast channels such as Nickelodeon, ESPN, MTV, Disney Channel, etc. Duplicating copyrighted video recordings Copying from one format to another (Beta to VHS, 16mm to video, laserdisc to video, etc.). Copying off-air or cable programs for the purpose of entertainment or reward. Web Pages Works made from copyrighted materials may only be used for educational purposes by non-profit educational institutions using the Fair Use guidelines. Same rules apply as for print and multimedia works. Students may use parts of Web pages as long as the copy resides with them. Teachers may not keep student work (copies or original) which use Web-based material. 17

21 STUDENT GUIDELINES Students may incorporate portions of copyrighted materials (listed above) when producing a project for a specific course. Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school. For more information: o University of Maryland University College, Faculty Guidelines, Information and Library Services < o Pennsylvania State University, Student Guidelines < issue10story4.asp> o The rights to student work by Ivan Hoffman, B.A., J.D. < Student Work and Copyright When a student is employed by the educational institution - under the work for hire exception, the employer is the owner of copyrighted works created by the student. When the student is not employed by the educational institution an independent contractor contract may be utilized. As an independent contractor the student, not the employer owns the copyright for anything created. In such cases, the employer may generally use the contracted work only once, and the student controls all subsequent uses. Considerations for independent contracting include: o The amount of skill required to perform the work- when the student has specific or special skills necessary to complete a specific project. o The source of supplies, tools and/or equipment are not available at the school. o The work is conducted at a different location other than the school. o The duration of the relationship usually short term or periodic. o The tax treatment of the creator The school withholds no Social Security or Income Taxes from the student s paychecks. o Before starting an independent contract work, both parties should establish the nature of their relationship and put their agreement in writing. o As an independent contractor the employer may use the copyrighted work once. o Every student publication should have a written agreement signed by each student staff member spelling out who owns the copyright to the works created. o For more information: Student Press Law Center (information, advice and legal assistance to students and educators who work with them) < 18

22 Conclusion The Department of Education provides these guidelines to help employees, students and volunteers avoid copyright infringement. It is the expectation of the Department that all employees, students and volunteers will respect the right of authors and owners of original works and secure permission for use of materials in pursuing their educational objectives. Ethical use of information in any format from any print, video, electronic or digital source is expected of all students, teachers, staff, administrators, and volunteers in the Department of Education. 19

23 STATE OF HAWAII DEPARTMENT OF EDUCATION COPYRIGHT POLICY AND APPENDICES < The appendices that follow include information that will be helpful to administrators and other users of these guidelines. These may be reproduced as needed for in-service training of staff and students, posting on school bulletin boards and equipment, and securing of permission to reproduce copyrighted materials. Appendix A General Copyright Board of Education Copyright Policy d/173de10da61b6fdf0a2566a30066d35b?OpenDocument Copyright Regulations Copyright Policies U.S. copyright Act of 1976 states that a copyright owner has the exclusive right to reproduce, distribute, transfer ownership, or display his or her creations. BOE policy 2525 of 1997 set the expectation that all Department employees, school volunteers, and students will comply with copyright law. o No Department employee, school volunteer, or student may duplicate or perform copyrighted works unless expressly authorized by Sec of Title 17, U.S. Code, or written permission is granted by the copyright owner. o BOE Copyright Policy < d/173de10da61b6fdf0a2566a30066d35b?OpenDocument> 20

24 Appendix A DOE COPYRIGHT REGULATIONS All Department of Education employees are prohibited from copying copyrighted works unless the action is authorized by: (a) Specific exemptions in the copyright law (b) The principle of fair use, (c) The fair use guidelines as defined by Title 17 U.S. Code, Section 107 (d) Licenses or written permission from the copyright owner. 2. All Department of Education employees are prohibited from "performing" copyrighted works unless the performance is authorized by: (a) Title 17, U.S. Code, Section 110 (1) (4) or (8) (b) Performance licenses (c) Purchase order authorization (d) Written permission from the copyright owner or the owner's agent. 3. The Department will prepare and distribute information on copyright to assure that employees are aware of the copyright law 4. School level responsibilities shall include: (a) Conducting staff training activities related to copyright; (b) Integrating ethical use of information and technology into the curriculum; (c) Maintaining appropriate records of permissions, agreements, and licenses; and, (d) Placing appropriate copyright notices on or near copying equipment, FAX transmittal forms, computers, etc. 21

25 5. Employees and students who infringe the copyright law shall be counseled. Appropriate action shall be taken with those who continue to commit acts of illegal copyright infringement. 22

26 Memo on Use of Copyrighted Materials Linda Lingle Governor STATE OF HAWAII DEPARTMENT OF EDUCATION PATRICIA HAMAMOTO Superintendent D A T E: 09/24/2007 MEMO TO: Complex Area Superintendents and Principals Priority: urgent CC: F R O M: SUBJECT: Assistant Superintendents Superintendentʼs Office Directors Office of Curriculum, Instruction and Student Support Patricia Hamamoto, State Superintendent Office of the Superintendent Use of Copyrighted Materials All Hawaii Department of Education employees, volunteers and students must comply with the U.S. copyright law. (BOE Policy 2525) The laws of the United States (Title 17, U.S. Code) define copyright as a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works. Educators have utilized a wide variety of appropriate instructional materials and multi-media video resources that support standards-based education and the individual learning needs of students. These instructional resources must be appropriate for classroom instruction and used in consonance with current copyright law. Please note that fair use guidelines stipulate a onetime use of the copyrighted or duplicated material in a classroom setting. This memo provides information pertaining to copyright, fair use, and trademark. Refer to my February 28, 2006 memo, Use of Video/Technology Materials for additional information on this topic. The following are guidelines that all educators must know. Please share this information with your staff and your A+ coordinators annually. Schools are asked to include these guidelines in their faculty handbook. 1. BOE Regulations stipulates that All Department of Education employees are prohibited from copying copyrighted works unless the action is authorized by (a) specific exemptions in the copyright law, (b) the principle of fair use, (c) the fair use guidelines as defined by Title 17, US Code, Section 107, or (d) licenses or written permission from the copyright owner. 2. Copyright protection exists from the moment a work is created in fixed, tangible form of expression. This includes works published on the Web. 3. Fair Use doctrine allows the use of copyright-protected works for classroom instructions without permission from the copyright holder or agent. Educators can use the following three criteria: (1) Brevity: copying parts of work can be allowed; (s) Spontaneity: immediate need of the work; (d) Cumulative effect: the use will not threaten the work s 23

27 potential value. 4. Public domain materials are primarily government-produced work, work with unrenewed or expired copyright, or work where the author/creator decided to make his work public domain. The materials may be freely used and copied without compensation to anyone. 5. A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. To use or modify a trademark is against the copyright law. 6. For computer software, CD ROMs, DVDs, and other purchased computer related products, the school must be aware of the licensing agreements and maintain the original license that specifies the terms under which the purchased item may be used. Unless otherwise noted in the agreement, the purchase is for single use; for example, one software license per computer. Materials rented from video stores or borrowed from the public libraries are intended for home viewing only, unless otherwise specified. 7. The Department owns the copyright of products and services resulting from work supported by State funds and completed as part of the employee s job. For questions related to copyright, contact Donna Min Shiroma, Advanced Technology Research Branch, via Lotus Notes or at PH:DMS:gca 24

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30 Appendix B Internet Policy and online resources Internet Access Policy - BOE Policy 2170 < d/ e0635e4830a2566a30004e094?OpenDocument> Chart outlining teachers' fair use rights and responsibilities < right_chart.pdf> Web Resources-These Internet sites may be accessed for more information regarding the fair use of copyrighted materials and the text of the U.S. Copyright Law. Internet Access Policy and Guidelines Appendix B Internet Policy and online resources 27

31 Appendix C Computer Software Copyright Notice Appendix C NOTICE Warning of Copyright Restrictions Form is available at < > What should appear on the copyright notices near copying equipment, computers, etc? The following notice should be placed on computer program packages: NOTICE Warning of Copyright Restrictions The copyright law of the United States (Title 17, United States Code) governs the reproduction, distribution, adaptation, public performance, and public display of copyrighted material. Under certain conditions of the law, nonprofit libraries are authorized to lend, lease, or rent copies of computer programs to patrons on a nonprofit basis and for nonprofit purposes. Any person who makes an unauthorized copy or adaptation of the computer program, or redistributes the loan copy, or publicly performs or displays the computer program except as permitted by Title 17 of the United States Code may be liable for copyright infringement. This institution reserves the right to refuse to fulfill a loan request if, in its judgment, fulfillment of the request would lead to violation of the copyright law. The following notice should appear on all copy machines, computers, and all other equipment that can produce a copy of a work: NOTICE Warning Concerning Copyright Restrictions The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries, and archives are authorized to furnish photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "Fair Use," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. Schools may wish to consider making/buying labels with the above statements so that they can be easily placed on appropriate equipment. 28

32 Appendix D Copyright Permission and Clearance Forms Student and Adult Publication/Video Release Forms Form available at 29