FSUS Copyright Infringement In-service - Florida State University

The copyrighted FSU Logo and the FSU War Chant are being used for nonprofit educational
purposes which is in compliance with the Fair Use doctrine of the United States Copyright Act.
Florida State University School
Copyright Infringement In-service
©

Copyright Infringement
“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” (United States Copyright Office 2006) .

Copyright Infringement
Copyright infringement occurs when we
reproduce text, video, images, or sound
without the author’s consent or fail to meet
the guidelines of Fair Use doctrine (Crews,
2000 p 380).

FSUS is Guilty
After monitoring what the teachers have
been copying last year, it is clear that
Florida State University School is not in
compliance with the laws of copyright.

What are we going to do?
This in-service will cover:
• Fair Use
• Getting Permission
• Guidelines
• New Copy Room Form

Fair Use
The fair use doctrine of the United States
copyright law provides for the legal
citation or use of copyrighted materials in
another author's work under a four-factor
determination test.

Four Fair Use Factors
The four factors used in determining whether or
not a particular use is fair are the following:
• “the purpose and character of the use, including
whether such use is of commercial nature or is
for nonprofit educational purposes;
• the nature of the copyrighted work;
• amount and substantiality of the portion used in
relation to the copyrighted work as a whole;
and
• the effect of the use upon the potential market
for or value of the copyrighted work” (United
States Copyright Office 2006).

Fair Use Factor 1
The purpose and character of the use, including whether such use is of commercial
nature or is for nonprofit educational purposes.
Yes, we have this one covered. All copies are for
nonprofit educational purposes.
However, a key consideration is the extent to
which the use is interpreted as transformative
opposed to merely derivative (Crews, 2000 p 53).
This means that if you use another's work to
develop educational materials, it should advance
knowledge, be modified to contain something
new, and include citations.

The nature of the copyrighted work.
Fair Use Factor 2
The main focus of this factor is whether the work
is fact or fiction and whether it is published or
unpublished. Items that are factual are better.
According to the copyright laws, “out-ofproduction”
does not mean that the author no
longer has copyright protection. As a matter of
record, authors are granted protection for their
works for the period of their life, plus seventy
years (Becker, 1999). This means you must ask
the author’s permission.

Fair Use Factor 3
Amount and substantiality of the portion used in relation to the copyrighted
work as a whole.
This concerns how much of the original
copyrighted work is incorporated in the new work.
It is here we at FSUS run into problems. Many
teachers copy whole pages, especially from
workbooks.
They copy the same items year after year for their
students and even share them with colleagues.
Both actions are prohibited.

Fair Use Factor 3
Copying that substitutes for purchasing materials
is prohibited.
Copying any work that is considered a
consumable for the purpose of teaching is
copyright infringement unless it is specifically
spelled out on the product or approved by the
author (Beckham & Raiford, 2003 p 113).
Examples include: workbooks, exercises, tests,
answer sheets etc.

Fair Use Factor 4
The effect of the use upon the potential market for or value of the copyrighted work.
This factor basically means that if you make a
copy of something that you should have
purchased regardless of whether you were willing
or able to pay for the item, you are not in
compliance with the fair use doctrine
(Crews,2000 p 56).

Fair Use
All four factors of fair use must be taken in
consideration before someone duplicates
copyrighted materials.
Unfortunately, not having enough time or resources
to create original materials does not justify
infringement on an author’s copyright.
What follows are some guidelines to assist teachers
in making the right decision on when they can or
cannot copy materials for the classroom.

Printed Materials
Guidelines
The following pages of information are taken from works
by Hall Davidson, Joseph Beckam, and Simmie Raiford.
Hall Davidson specifically gives permission on his web
site to duplicate his materials. References are listed on
the last page of the PowerPoint.
• Small portions of a work may be copied only from
legally acquired originals purchased by the teacher.
Larger amounts require copyright holder permission.
• Can make one copy per student one time only, then
copyright holder permission is required. No more than
nine instances of multiple copies per class per semester.
Each copy must include a notice of copyright.
• Copying cannot be substitute for buying. Consumables
cannot be copied.

Guidelines
• Poem less than 250 words
• An excerpt of 250 words from a poem greater than
250 words
• Articles, stories, or essays less than 2,500 words
• Excerpt from a longer work (10% of work or 1,000
words, whichever is less--but a minimum of 500
words)
• One chart, picture, diagram, graph, cartoon, or
picture per book or per periodical issue
• Two pages (max) from an illustrated work less than
2,500 words (like children’s books)

Requesting Permission
• Requests for permission to utilize materials or copy
materials are directed to the copyright holder.
• Requests should be specific in terms of identifying the
material, the purpose, the quantity, and if a change in
format is needed.
• Include the following information:
-Name and address of the educational institution
-Date of the request
-Name and address of the copyright holder
(e.g. publisher)
-Title, edition, or volume number of the book or article
-Copyright date

Requesting Permission
-Author, editor, or translator's name-ISBN for book,
ISSN for magazines or journals
-Specific page numbers, chapters, illustrations, etc.
-Number of copies to be made
-Form of distribution: classroom, publication, etc.
-Course name and number
-Semester and year in which the material will be utilized
-Name of the instructor
-Contact information of the requestor: phone number,
email address, and fax number

Consequences of Infringement
• The copies and the equipment can be
impounded.
• Reimburse the loses of the copyright owner.
• Damages up to $30,000 plus attorneys fees.
(United States Copyright Office, 2006)

Sample Copyright Permission Letter
• Educational Institution Address
• Date
• Copyright and Permissions Department
Name of Publisher (Example: Pine Forge Press)
Street Address (Example: 2455 Teller Road)
City, State Zip (Example: Thousand Oaks, CA 91320)
• To Whom It May Concern:
• I am requesting permission to copy the following material for continued use in my classes in future semesters:
• Title of Book and Edition (Example: Second thoughts: seeing conventional wisdom through the sociological eye,
2nd edition)
• Copyright: Publishing Company Date (Example: Pine Forge Press, 2000)
• Author: (Example: Janet M. Ruane)
• Material to be copied: (Example: Chapter 17)
• Pages: (Example: 135-150)
• Number of copies: (Example: 25)
• Distribution: This copy will be distributed to students in my classes and they will pay only for the cost of photocopying.
• Type of reprint: (Example: Photocopy)
• Use: The chapter will supplement teaching materials.
• I have enclosed a copy of the copyright page to assist you in evaluating my request. Please inform me if there are any
fees for this copyright permission.
• I have enclosed a self-addressed envelope for your convenience in responding to my request.
•
• Sincerely,
•
• Name
Phone number
Email address
Fax number
Lorain County Community College, 2006

New Copy Room Form to Help Prevent Copyright Infringement

References
Becker G. (1999). Does out-of-production = out of copyright?. Retrieved March 18,
2006 from http://www.fetc.org/fetcon/1999-November/copyright.html
Beckham, J.C. & Raiford, S. (2003). The Florida school administrator’s legal guide
Bulverde, Texas: OMNI Publishers, Inc.
Crews K. D. (2000). Copyright essentials for librarians and educators. Chicago, Illinois.
American Library Association
Davidson H. (2002). Copyright and fair use guidelines for teachers. Retrieved
March 3, 2006 from http://www.mediafestival.org/chartshort.html
Lorain County Community College (2006) Library: Sample copyright permission letter. Retrieved March 4, 2006
from http://www.lorainccc.edu/LCCC/Academic/Library-Learning_Resources/Copyright
Lane, et al. (2005). The principal's legal handbook (3rd edition). Dayton, Ohio:
Education Law association.
United States Copyright Office (2006) Copyright. Retrieved March 3, 2006 from
http://www.copyright.gov/
Wikipedia (2006). Fair Use. Retrieved March 3, 2005 from
http://en.wikipedia.org/wiki/Fair_use

THE END