Department of Professional Staff Development Career Tech and

Department of Professional & Staff Development Career Tech and Special Education Digital Copyright for 21 st Century Citizenship Presented by Barry S. Britt

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? Legally Purchased Illegal Professional Development for Media and Technology 4

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COPYRIGHT CASE During the 2005– 2006 school year, a large and affluent school district with large media programs for the students running their own cable station, was insistent that they were operating within the guidelines of “Fair Use, ” using only portions of songs, not for profit.

COPYRIGHT CASE (CONT. ) The district personnel did not understand the proper meaning of “Fair Use, ” and were forced to explain their actions to authorities. Although sure that their “Fair Use” explanation would hold up, the district was cited in 38 various law suits totaling over $30 million. Upon further research, the authorities also discovered peer-to-peer sharing of illegal music files among students, and filed separate lawsuits against the parents of guilty students. One girl had shared over 5, 000 illegal downloads, and her current fine is at $3 million.

FAIR USE GUIDELINES Important Points • Relevant to course content • Used for face to face instruction on a closed network • No duplication for distribution • Credit/ cite the copyright holder • One-time use Professional Development for Media and Technology 9

“If you are having to talk about Fair Use, then you’re already in trouble. ” - Michael Brown, NY Copyright Attorney Professional Development for Media and Technology 10

Professional Development for Media and Technology June 17, 2008 11

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What about FREE MUSIC? 15

Free? Really? Read the fine print. Conditions to qualify 2(a) • Subject to your full compliance with the terms of this paragraph 2 (a) and full execution of a ___ license, ___grants free master recording and synchronization rights, to the entire ____ Music Library, excluding Sound Effects, when ___ music is used in program content, which is included in and limited to a U. S. broadcast on any National U. S. TV Network or Cable Broadcast, as well as later rebroadcasts of the same within the U. S. The TV Network or Cable Channel must hold a current valid ASCAP, BMI and SESAC annual. Blanket. license (as more fully described below). (This free use EXCLUDES local-only TV, regional-only TV, public and community access TV, closed circuit TV, web broadcasts, advertising commercials or promos, infomercials, radio broadcast use, and any TV broadcast outside the U. S. These uses require a paid ____ sync and master license. ) The ASCAP, BMI or SESAC license must be a current "Blanket License. to qualify for free master recording and synchronization rights. For the purposes of this agreement, a blanket license (. Blanket License. ) shall be defined in the same terms and conditions that are required by the performing rights societies in the United States. These licenses include a general license from a particular performing right society which allows a broadcaster the right to use the society. s entire catalog and obligates that broadcaster to pay fees and file cue for its programming. For the purposes of this agreement, blanket licenses shall not include so called. interim. licenses or other conditional licenses. Complete show music cue sheets must be timely filed in accordance with the terms and conditions of ASCAP/BMI/SESAC´s license agreement for any ___ music used in broadcast programming content under FPM's Terms Of Use. In the event such license agreement does not require the filing of cue sheets on a regular basis, cue sheets must be filed on no less than a calendar-quarterly basis. Simultaneous copies of all music cue sheets containing any FPM Music must be sent to FPM either via e mail (Cuesheets@Freeplaymusic. com) or by fax ___in order for you to qualify for free synchronization of ___ music. Failure to either file the cue sheets or to simultaneously send copies of such cue sheets to ____ shall void this agreement. Such termination shall render the use of the FPM music actionable as acts of infringement under and subject to the remedies provided in the Copyright Act. Professional Development for Media and Technology 16

What about Creative Commons? 17

Multiple Licensing Scenarios 18

“Every person who writes a document published on the internet, who creates a graphic or icon, who scans his own photograph or records his own voice into a digital file, who sends an electronic mail message, who creates a document for a newsgroup, or who designs a web page owns the copyright to his creative work. ” - Carol Simpson, “Copyright for Schools” Soundz Professional & Staff Development and Career Tech for students 19

Teachers Creators Students Copyright Holders Professional Development for Media and Technology 20

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In this digital day-and-age, the bigger concern is now branding, privacy, safety and security in addition to copyright. 22 Soundz Professional & Staff Development and Career Tech for students

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Media Permission and Ethics 25 Soundz Professional & Staff Development and Career Tech for students

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Does It Matter? Over the last 10 years, we have seen a startling number of students who have left high school with no knowledge of media permissions, a vague understanding of copyright and incorrect information regarding Fair Use. Next, these students enter college or the workforce bringing major lawsuits on themselves, their schools or companies because they were not properly instructed. This does, in fact, affect our workforce and economy. Professional Development for Media and Technology 28

Legal Ethics L. E. O. Economy Ownership Workforce Professional Development for Media and Technology 29

What Should We Do?

1. Use licensed products approved for K-12 2. Ask for permission 3. Know the requirements to qualify as Fair Use - USE FOR DIRECT TEACHING. 4. Always document usage in your lesson plan. 5. Have a regional, district, school wide, or even classroom copyright policy statement to which all users must agree. Professional Development for Media and Technology 31

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An Educator’s Testimony In my experience, one of the most ignored words in public education is “Copyright”. In my early years as an educator, there were few who ignored copyright more than I did. I even rationalized my behavior with the phrase, “It’s for the kids… So sue me!” Fortunately, I no one sued, however, I have learned the error of my ways and I owe it all to the Internet. That is to say, the Internet is how I was caught! To help illustrate my education concerning the seriousness of copyright, I will share two personal stories. Alex, I will take “Who owns this game show” for 100 please. Years ago while looking for ways to use Power. Point in the classroom beyond the basic lecture; I discovered a Power. Point Jeopardy game complete with theme song and a picture of Alex Trebek on a professor’s web site at a state university. After securing the professor’s permission to use and post his Power. Point file on my class website, I thought I was in good standing. Six months later, I received a cease and desist email an attorney who represented Sony Corporation for violation of several copyright laws. These were the use of the Jeopardy theme song, the picture of Alex Trebek and the game’s concept. The lesson learned… Asking permission to use something is not enough; you need to be sure you ask all the potential owners. However, I do have a license A few years later one of my assigned duties was webmaster for the district; this also made me the defacto copyright police. One spring morning my phone rang, on the other end was an attorney who was threatening the District with a lawsuit for copyright infringement. The violation was a parent’s video recording of a 6 th grade band concert. In this particular violation, a parent recorded the school band concert and gave a digital copy of the concert to the band teacher who uploaded the video to his school website. Now most of us know that your school or district pays a public performance license for their concerts. What I surprisingly learned during the phone call was this simple upload required two additional licenses. The District needed one license to record the video of the concert and a second to include the audio in synchronization. After 90 minutes on the phone and some very fast-talking, the call ended, with the agreement, the video would be taken off line and there would be no lawsuit. For those reading this and thinking, “I would have just asked to buy a license. ” I did try that and the attorney declined the sale. Therefore, it does prove it is not always best to ask forgiveness than permission. Today with the proliferation of the internet in classrooms, home and cell phones, it becomes imperative that we know and abide by copyright laws. The best way to do this is find one or several vendors who have traversed the turbulent waters of copyright and can guarantee rights to post content on the web, use in public, and synchronize to video etc… The cost of their efforts is far less than what you will pay the attorney. Professional Development for Media and Technology 36