WSGC

Copyright Act of 1976 provides protection to authors of creative works over the works they have created.

Works include: literary, musical, dramatic, artistic, audiovisual, computer programs, and website content.

Copyright gives creators exclusive rights to determine how their work is reproduced, distributed, performed, displayed, or transmitted.

Since copyright applies to nearly all media resources used within a school setting, it is important for school staff to understand it and use it in a way to benefit their students while still respecting the legal rights of the copyright holders.

Under the Fair Use Doctrine, the law allows teachers and students the use of portions of copyrighted work without permission from the owner.

There are 4 factors to consider in determining if the use of a copyrighted material qualifies for Fair Use.

1. The purpose and character of the use. (Copying for commercial purposes or profits is not allowed.)
2. The nature of the copyrighted work. (Copying consumable items, items that require royalty, and musical compositions, dramas, and audiovisual works is not allowed.)
3. The amount being copied. (Unreasonable amounts or excessive quantities are not allowed.)
4. The effect on the value of the copyrighted work. ( If copying is done to avoid purchasing, or if copying will adversely affect the sale of the item, it is not allowed.)

Favoring Fair Use

• Teaching (including multiple copies for classroom use)
• Research
• Criticism or Comment
• Scholarship
• Transformative or productive use (Changes the work for new utility)
• Restricted access (To current students, classroom, other limited groups)

Opposing Fair Use

• Entertainment
• Profiting from use
• Commercial activity
• Non-transformative, exact copy
• Denying credit to the original author

Adapted from the “Fair Use Checklist” initially created by Kenneth D. Crews

(Columbia University) and Dwayne K. Buttler (University of Louisvile)

For reproduction that is allowed under Fair Use, there are 3 tests:

1. The Spontaneity Test – Teacher just decided to use this material and doesn’t have time to request permission. Please try to locate the author’s email and ask permission.
2. The Brevity Test – Short sections, usually less than 10%
3. The Cumulative Effect Test – Copying is for only one course in the school; no more than 9 instances of such multiple copying for one course during one class term; no more than 3 from the same collective work during one class term

The following instances of multiple copies are NOT allowed at all under Fair Use.

1. Cannot be used to create or replace an anthology, compilation or collective works.
2. Cannot copy from works intended to be consumable, such as workbooks, exercises, standardized tests, etc.
3. Copying shall not substitute for the purchase of books or be repeated by the same teacher from term to term.
4. Students cannot be charged.

Music

Must be used for educational purposes…Enhance classroom curriculum

• Legal copy must be purchased for rights to use with music, art, band performances.
• Use only the quantity required to address the lesson/curriculum.
• You may use music that has been placed in the Public Domain or Creative Commons for videos.
• Do not use for entertainment (non-curricular related) or post to Web or other public forum.
• Personal copies of music purchased are for the person who purchased it, not for an audience.

• If creating a video of reading a book, do not post to the Web or other public forum without consent from the author.

• Give credit to the author if written consent has been obtained if creating a video.

• Portions of legally obtained movies can be used within classroom setting for curricular needs.

• Small portion can be posted if tied directly to lesson on a secure platform that requires password or code to login such as Canvas or Google Classroom…Remove/disable post once no longer needed.

• If using for “Entertainment” purposes, your building or class will need to have a subscription to a Movie Licensing site. Only movies listed on the site may be used for “Entertainment” purposes.

A teacher may show a YouTube video to students in class provided that it is strictly for educational purposes and the video on YouTube was posted by the original creator. It is against YouTube policy for a teacher (or anyone else) to make a copy of any YouTube video, although a teacher may post a link to a video on their website or other online database. It is against the law to show a DVD, or stream a movie/video to a class unless you have obtained written permission from the copyright holder or the movie specifically was made and intended to be shown for educational purposes. This rule applies even if the teacher owns the movie source or has rented it specifically to show in class.

Teachers cannot make copies of textbook pages, workbooks, publishers’ reprints or periodicals as a substitute for purchasing the material from the publisher. It is okay to make a copy of a textbook page for temporary replacement for a student who forgot his book. A teacher cannot make class sets of textbook pages to avoid buying the textbook or other material a publisher produces. When teachers do make copies of permissible works, the charges for obtaining the copyrighted material cannot be passed on to the student.

Swank K-12 Streaming

The Swank K-12 Streaming library provides access to over 30,000 movies, documentaries and foreign language films for instructional support.

You now have access to a curated collection of top, educational films which are click-and-play ready in your streaming library. You are also able to search the entire library of films and request new films be added. These requests will either be approved or denied by your school’s

Swank Administrator: Angela Houf

Streaming Portal URL: https://digitalcampus.swankmp.net/wsgc390569

This website URL should be bookmarked as it is your access point to the streaming library moving forward.
(Please note, this website URL should not be shared with students.)