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LV School use of copyrighted material reference manual


Within this manual you will find information on the LV school use of copyrighted material policy and brief information on US Copyright law , Chaffee Amendment , Creative Commons , Universal Design of Learning , Fair Use , and the TEACH act .  The purpose of this manual is to provide staff and students with information so they may utilize  protected materials without violating any existing copyright laws.

LV School Policy

Copyright in the Classroom12:32

Copyright in the Classroom

CopyrightAlliance Oct 27 2010


The LV School continually strives to provide our students and staff access to a wide variety of educational resources. To ensure that the use of any author created works are used ethically and  legally, and also to maintain respect to content creators, this wiki has been set up. This wiki will provide the brief description of the laws and regulations that govern the use of protected works . It will also provide teachers and students information on what and how author created works maybe used within the educational setting. At the LV School we encourage all our staff to educate their students and co-workers about copyright law.


US Copyright Law

The intended purpose of copyright law is to encourage the creation of art and culture by rewarding content creators with a series of rights.  These rights include the right to make and sell copies of their works, the creation of derivative works, and the right to display their works publicly.  Copyrights will extend for a period of 70 years after the authors death (after 1978).  However, works by a "corporation" will have a duration of 120 years upon creation and 95 years after publication. Many books that are published via publishing house, movies, music, and works for hire are items that are examples of those by a "corporation".  Any created works published before 1923 are all considered to be part of public domain.[1]

Fair Use

Is a set of exceptions and limitations on the exclusive rights granted by the US Copyright law.  This allows the use of protected works without obtaining the express permission of the right's holder.  There are a set of four factors to determine if the use of protected work falls under "fair use". [5] 

These factors are:

  1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  2. The nature of the copyrighted work
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. The effect of the use upon the potential market for, or value of, the copyrighted work [5]

For example: If a teacher of the LV School takes an article from a magazine and copies it and distributes it to the class or otherwise presents the article as an example.  This use would fall under the guidelines of fair use.  However, should the school decide to copy entire text books for the entire student body, this would not fall under fair use and would be considered copyright infringment because they are effecting the intended market for the material.

Creative Commons

Is a copyright license. Primarily the Creative Commons license allows the owner the ability to allow others to freely redistribute, use and even modify their works without the worry of infringements.[3] There are several variations on the Creative Commons license. These variations will determine how the piece can be used. Further information of the various licenses that fall under creative commons can be found at their website here

Chaffee Amendement

This amendment like Fair Use places further limitations on Copyright. The Chaffee Amendment in particular allows for authorized entities to reproduce, distribute copies, or recordings of previously published nondramatic literary works in specialized formats for use by the blind or other persons with disabilities.[2]  As a School we fall under the definition of the entities within the amendment and therefore can for the purpose of education or adaptive reading modify and reproduce text. An example of this use would be creating an audio recording of a text book, enlarging text, simplifying text, or converting text to another format such as braille.  It is to be noted the amendment only covers nondramatic literary works. Therefore, plays or scripts will not fall under the Amendment and therefore cannot be modified under the LV School policy.

TEACH ACT

The Technology, Education, and Copyright Harmonization Act (TEACH). Previously teachers could only use copy and use protected works within the face to face classroom setting. With the TEACH Act teachers now can transmit and use those materials for the purpose of distance learning.  To fall under the TEACH ACT the following guidelines must be met: 

  1. TEACH ACT only applies to government bodies or accredited nonprofit educational institutions
  2. The educational institution must "institute policies regarding copyright" (see this wiki)
  3. The institution must provide materials that describe and promote compliance with US Copyright law
  4. Institution must provide notice to students that materials being used are protected under US Copyright law
  5. The transmission of materials is for the use of only those students taking the class

Under our policy and compliance with the TEACH Act teachers may only transmit materials to students enrolled in their class for the express purpose of education and copyright information must be included with the materials. All students taking part in our distance learning programs will be given documentation detailing copyrights and proper use of the materials being presented in the course.

Universal Design For Learning

UDL At A Glance04:36

UDL At A Glance

http://www.cast.org/ Jan 06 2010

UDL is the idea of creating an learning environment that will maximize the students ability to learn regardless of ability or disability.  UDL consists of three primary principals; Multiple Means of Representation, Multiple means of action and expression, and must provide multiple means of engagement.[4]  The LV school promotes the use of UDL in all its classroom as well as the school itself. Therefore, teachers are encouraged to use a variety of materials. These materials may include various media sources such as recording, video, printed materials, and various technology devices including programs and tablet based apps.  Teachers are reminded to be  aware of copyright protections when selecting and presenting materials. If using media, keep in mind fair use guidelines and TEACH ACT  guidelines( if transmitting materials digitally to distance learning sites or to remote computing devices i.e. tablets).   The majority of media use will fall under Fair Use however, the reproduction of text books and other materials marketed for educational purposes may not be reproduced without permission from the rights holder unless to modify said materials for students with disabilities. Furthermore, regarding learning applications teachers may not redistribute programs unless said distribution is permitted under the end user license agreement.

Use of Materials to Support Students with SpecialNeeds

The LV School has a diverse student body with varying levels of ability. In order to maximize our students learning capabilities the LV School utilizes many materials to facilitate and improve the learning environment for our students with special needs. Students within our autism program and other special needs programs will be able to utilize our school iPads to obtain books as well as apps to augment their communication capabilities.  With the school iPads teachers will be able to have access to various applications and books via our shared account and cloud database.  For our students with visual difficulties (impairments and processing) the books provided on the iPads all have the ability to re-size text to accommodate students, some books even have text to speech.  Audio verisions will be provided as they

How the iPad Works with Academics for Autism05:22

How the iPad Works with Academics for Autism

AutismEpicenter.com 2010

are made available by the publisher.  Various text to speech and picture exchange communication system (pecs) apps are available to the students using the school iPads in order to augment students communication. However, due to licensing agreement students will not be able to access programs and applications from their own personal devices.  Students that have personal devices as a result of accommodations listed in their IEP and needing access to apps on the cloud will have these items purchased for the student via the IT department on an individual basis with proper authorization and as per IEP.  All other materials such as text books, reproducibles, and other non-dramatic media may be modified as necessary under the guidelines of the Chaffee Amendment.

A helpful website for modifying materials for students in our autism program here

Additional Web Resources 

Copyright and Fair Use- UMUC Library - A guide about copyright provided by the University of mary land University College.

Classroom Use and Exemption - A website by the University of Minnesota about exemptions and limitations  of copyright  in the classroom

Using videotape in the classroom - A guide provided by NOLO on use of video

UDL: Meeting the neeeds of all students - an artle from ASHA about UDL provided useful case example.

How to set your iPad - Useful guide provided by Gizmodo

12 Tips for setting up an autism classroom -By Prinicpal Kendrick

FAQ on fair use- Provided by Teachingcopyright.org

References

1.Copyright Law of the United States and Related laws contained in Title 17 of the United States Code (December, 2011) Retrieved on 2/6/13 http://www.copyright.gov/title17/

2. Copyright Law Amendment, (August, 25 2010) NLS Factsheets retrieved on 2/7/13 http://www.loc.gov/nls/reference/factsheets/copyright.html

3. About Creative Commons Retrieved on 2/6/13 http://creativecommons.org/about

4. About UDL (April 14, 2011) National Center on Universal Design for Learning Retrieved on 2/8/13 http://www.udlcenter.org/aboutudl

5. Fair use (June 2012) Copyright Law of the United States and Related laws contained in Title 17 of the United States Code Retrieved on 2/6/13 http://www.copyright.gov/fls/fl102.html

6. Copyright Basics: The TEACH ACT (2005) Copright Clearance Center, Inc. Retrieved on 2/10/13 http://www.copyright.com/Services/copyrightoncampus/basics/teach.html

Media used in this wiki

7. Copyright in the classroom (Oct 27, 2010) Copyright Alliance Retrieved on 2/8/13 http://www.youtube.com/watch?feature=player_embedded&v=hoGrVmDj1Yo

8. UDL At a GLance (Jan 6, 2010) UDL CAST Retrieved on 2/8/13 http://www.youtube.com/watch?feature=player_embedded&v=bDvKnY0g6e4

9. How the iPad works with Academics for Autism (Dec 8, 2010) AutismEpicenter.com Retrieved on 2/10/13 http://www.youtube.com/watch?v=kdpjIR8KjLU

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