HIT: copyright

[Bonnie LaClave <blaclav@IN-MOTION.NET>]

Hello Friends,
        Recently I asked for suggestions about how to explain copyright violation
to teachers who are wanting to show videos over our media retrieval system.
 I asked specifically about taping "Alice in Wonderland" which was shown on
network tv Sun. night.  Here are replies I received.  Thanks to all for
your helpful advice!

Schools enjoy fair use rights. The in-home only use doesn't
usually apply when shown for specific educational purposes. Most
copyright notices on items do not speak to fair use guidelines
but to copyright as it applies to the greater population.

If shown for specific educational purposes and not for entertainment,
then there would be nothing wrong with this. Is the broadcast a cable
broadcast or regular broadcast? Are extended rights available for it?
If it is from a regular broadcast (e.g. ABC, NBC, etc), then the
details to know about are length of time the copy can be kept
and how many times shown. I don't remember the exact details.
I think it can be kept for 45 days, shown once for educational
purposes, shown a second time perhaps for reinforcement, etc.
I have links to some copyright pages at lincolncity.org/naims/
copyright.html   The Groton Public Schools site will have
the answer to your question.


It is my understanding that since Alice is being broadcast on network
television, it would not be in violation to tape it and show it within the
first ten days of taping, but only one showing, then destroy (erase) the
tape.  It must NOT however, be shown for entertainment, but only for
face-to-face teaching.  Therefore, much of what teachers show is illegal,
even educational stuff, when they don't teach anything with it, but simply
put it on so they can have a rest.

According to Arlene Bielefield, MLS and JD, whose field is copyright law, (she
co-authored Technology and Copyright Law:  A Guidebook for the Library,
Research, and
Teaching Professions which is a recommended book for professional reading)
it is all
right to show a family use video without broadcast rights in a school
provided the
following conditions are met.
    1.  The video is aligned with the curriculum.  It cannot be shown as an
award or a
time filler, it must be part of the curriculum.  (This is where most home
videos fail)

    2.  The video must be shown face to face.  All viewers must be in the
same room as
the video.
    3.  The video must have been legally obtained, i.e. legally rented or
bought.
Also, it is permissible to tape a show from television and use it in class
if the
following conditions are met:
    a.  The video is aligned with the curriculum.
    b.  The video must be shown face to face.
    c.  The video may be shown once and must be shown within ten (10)
school days of
the taping.  One additional viewing is allowed within the same ten days but
must be
for evaluative purposes only, i.e. to evaluate whether to purchase the
video or not.
The video may be kept for 45 calendar days but should then rendered useless.
Some PBS shows have different rules.  You would need to check their copyright
statements.  (I believe this is mostly the educational programs for children.)
Broadcast rights can also be purchased when videos are purchases but that
information
doesn't help in your case.


1. Try emphasizing documentation in lesson plans.  That's a crucial point.  If
the video is related to the curriculum and is being used as part of face-to-
face instruction (with proper documentation in lesson plans) many videos can
be used.  For instance, if the Alice in Wonderland movie taped from braodcast
television is related to what is being studied in the classroom then it can be
used.  And keep in mind the 10-day rule for taped, live broadcast programs.

2. Also, check on the purchasing process for videos.  If you purchased them
from a company that sells to schools, that company may have received the
rights for general educational use of the videos despite the printed message
on the video box stating "for home use only."

3. I'd also mention the lawsuits that have been filed against teachers
regarding the unethical  and illegal showing of videos.  I remember one such
incident reported in the paer about a high school teacher who showed the movie
Striptease.

4. You might also want to point out the problem with copyrighted cartoons.
Most teachers feel that if they or a student draws a cartoon character
"freehand" that it's okay to use.  But this is in violation of copyright laws.

Hi! It is my understanding (and I gleaned this information from a recent
technology conference workshop on copyright issues) that videos that are
designated for home use can be used in a classroom setting as long as they are
used for instructional purposes only.  In other words, Mulan could not be
shown as a Friday afternoon reward for good behavior, but perhaps excerpts of
it (or indeed the whole video) could be shown if it were part of an
instructional unit on Chinese culture (for example).
As for taping and showing the Alice and Wonderland special, that would be
allowed, again, only if used as part of an instructional unit (Lewis Carroll
and literature for example), and only for a limited amount of times.  I'm not
sure how many times you can show a broadcast-taped video--it may be for two
weeks, then you'd have to destroy the tape.  You'd have to check that one out.
The logic of all this escapes me, of course, since a teacher could come into
the library and check out the Alice and Wonderland print version, read it to
her class for the sheer joy of the story, and there would be no copyright
violation.  But as it stands, videos are held to a different standard.


The teacher taking Alice and showing it one time to one class within a
ten day span is not in violation of copyright, however, if he/she tries
to show it everyday during that ten days to the same class or if
he/she tries to keep it longer than ten days they are in violation of
the laws.

***************************************************************
Bonnie LaClave                  Phone 765-436-2333
Library Media Specialist        Fax 765-436-2630
Thorntown Elem.                 blaclav@in-motion.net
200 Mill Street
Thorntown, IN 46071             http://www.bccn.boone.in.us/webo/thorn
***************************************************************

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