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Copyright & Creativity for Ethical Digital Citizens

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Copyright & Creativity for Ethical Digital Citizens

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Tips and Resources for Teachers and Administrators

As teachers and students shift their educational and social activity online due to the COVID-19 crisis, they are more likely than ever to find themselves using and interacting with media in ways that raise copyright questions. As always, the provide positive information about how to successfully navigate copyright and are readily usable for online learning. C&C will be offering some free lessons and videos at C&C online training opportunities to help educators familiarize themselves with these lessons.

Educators may be wrestling in particular with how to determine when they are allowed to use media in their online teaching. For example, those of you who have done C&C's free professional development course know that there is a classroom teaching exception which allows teachers to play or display copyrighted media in the classroom during face-to-face instruction, without having to rely on fair use. But that exception doesn't apply to distance learning. So how should educators proceed as they scramble to build robust and engaging distance learning lessons? What happens when they want to include some copyrighted work in those online lessons?

The University of Minnesota has posted a helpful guide on copyright in teaching , including the copyright issues involved in shifting a course from in-person to online . In general, it advises that most of the things that are okay in class should also be okay online, but you do need to be a little careful - for example, it's a good idea to link to the original wherever possible, to make sure that online access is limited to enrolled students only, and to limit audio and video use to relatively brief clips where possible.

In general, there are three main options for using copyrighted material in online teaching: the TEACH Act, fair use, and permission.

The TEACH Act

The TEACH Act is the online counterpart to the in-class teaching exception. You can read a recent Copyright Office blog post explaining it . It allows teachers at nonprofit accredited schools to perform (e.g., playing a song or video, reading aloud from a book) or display (e.g., showing an image) copyrighted works in online learning in ways that are analogous to a face-to-face class. But there are quite a few requirements, including some that need to be met by the educational institution rather than just the individual teacher. So if you want to rely on this, you'll need to check with your school first. You can find good descriptions of TEACH Act requirements and , but they include:

The educational institution must have a policy on the use of copyrighted materials and must provide informational resources about copyright to staff and students.

There must be technological controls in place to ensure that only students enrolled in the class have access and to prevent students from downloading and distributing the material.

Students must be informed that the materials are protected by copyright.

The use of the material must be analogous to use within a face-to-face classroom, with the teacher supervising the use - i.e., the teacher can't be just compiling a resource page of materials for independent learning.

Materials marketed for the purpose of distance education (like electronic textbooks) are excluded.

Fair Use

Another option is, of course, suggesting that in most cases, fair use should permit teachers to translate their regular classroom read-aloud practices to the online context. Nonetheless, fair use does require considering how the four factors apply to your individual circumstances. fair use. As at some length in C&C's resources, fair use is determined using a flexible, case-by-case, four-factor test. The good news is, teaching is a favored purpose under fair use, as it is explicitly mentioned in the law. And a group of library copyright specialists recently released a public statement explaining why they believe that in the current crisis, the reasonable use of copyrighted materials in distance learning will almost always be a fair use. On the specific question of read-aloud activities, several professors recently released a

Permission

Finally, a large body of materials is available to use with permission. This includes open educational resources (see, e.g., ) which have always been freely available under a broad grant of permission - like our resources here at , which carry a Creative Commons license. In addition, a variety of organizations have begun to offer free or unlocked content for distance education in response to the current crisis. To list one prominent example, J.K. Rowling has announced permission for teachers to post videos of themselves reading aloud from her Harry Potter books. The Copyright Alliance is keeping a of such offerings, as are the School Library Journal and the American Association of Publishers . It is also possible that your school or district has licenses with certain content providers that would include permissions for use in distance learning, so you may want to check on that.

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Ra pidly shifting to online teaching poses challenges for educators, and it may feel frustrating to have copyright questions be a part of that mix. But the fundamental function of copyright in providing incentives to creators remains as important as ever in an all-digital, all-online environment. As we emphasize in C&C's lessons , there are many things that copyright empowers - and we are all both consumers and creators of copyrighted work.

Good luck to all you teachers out there as you work to adapt to this difficult challenge. And as always, we'd welcome your and your help in spreading the word about C&C.

(Note: C&C cannot provide legal advice. The information we provide here is general background and should not be interpreted as legal advice for you or your institution.)

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Copyright and Distance Learning Information: Tips & Resources for Educators : Copyright & Creativity

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Tips and Resources for Teachers and Administrators. Educators may be wrestling with how to determine when they are allowed to use media in their online teaching. In general, there are three options for using copyrighted material in online teaching: the TEACH Act, fair use, and permission.

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Celebrate Libraries Transform Texas Week (October 7-11)

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Understanding "Fair Use" in a Digital World | Common Sense Education

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Students meet ELA Common Core State Standards by analyzing video remixes to judge whether or not they fall under fair use. Students learn complex concepts to evaluate visual content and present supporting evidence.

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This was an informative article.  I was not familiar with the TEACH act.   I need to do some more research about this.
Also I know now that I should link to the original work if possible.

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I like things to be black & white so I struggle with fair use/copyright. The biggest takeaway I get from this article is THINK CRITICALLY....we can't just use fair use as an excuse to use it.

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Fair Use is so confusing because it is case-by-case. I am thankful that they are more favorable towards education and the use of some materials for educational purposes, but it's still very subjective.

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My take away is that I need to be very careful to analyze my use of resources in the classroom. And now that I have a checklist that I can use, it will be much easier.

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I hadn't heard about what happened in Houston ISD. Not sure how I missed that, but I do feel like sharing scenarios like what happened in Houston give students and teachers (and myself) a better understanding of why this is so important and relevant. I do like have the 4 part "check" to allow thinking through the process of determining fair use. That was helpful.

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as long as this is non profit this is a great resource

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Download Royalty Free Music and use it in your project: Videos, social media, films,... Only top royalty free music, freshly composed by independent artists.

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Below is an interesting article about how both students and teachers can be breaking copyright laws without even knowing it: https://thejournal.com/articles/2013/12/13/staying-on-the-right-side-of-copyright-in-education.aspx

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I think the teacher did a great job at teaching the students about Fair Use along with how to find evidence to support their learning. Great job!

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I will admit, I am a bit nervous to start the year using technology resources online and not in person, while not abusing copyright procedures.

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Fair use still seems confusing to me after reading the article. I would like for someone to further discuss this with a more simple explanation. Possible provide a real life example that could occur within the classroom.

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I needed the clarification of the purposes of copyright.  The compliance trainings don't seem to go over everything.

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As a teacher who teaches a CTE subject, Professional Comms., and has relied deeply on technology in the past, it's almost scary to think of the risks of distance learning when it comes to copyright. However, I think with the TEACH Act and Fair Use in place, teachers are more likely to be given the benefit-of-the-doubt when it comes to sharing online material. I do think it is best practice to always give credit where credit is due, as do most. Also, thought I'd share, but my students love aesthetically pleasing images and are always trying to find ways to incorporate them into their projects/assignments, and two sites that give students the freedom to post photos under Creative Commons license is Unsplash.com and Pexels.com - some of the photos can be intended for older audiences though, so it definitely needs to be for your more advanced classes.

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Beautiful Free Images & Pictures | Unsplash

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Beautiful, free images and photos that you can download and use for any project. Better than any royalty free or stock photos.

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My takeaway from the article is that I can still use fun things during this time of distance learning! I did not know about the Teach Act, so that is definitely a take away for me. After this training, I know I will feel more comfortable with knowing what resources I can use in an online learning environment.

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Crisanta Searway

I appreciated how the teacher was able to motivate her students to analyze the information and support their thinking. This would be an excellent way to approach students about this topic.

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My biggest takeaways was my own misconceptions when thinking about copyright and fair use... and how then I translate that into what I share with teachers.  It's pretty clear in this article and such an easy way to understand it. I don't think I've ever seen it written this way and so easily understood. I think we've relied on the what the article described as the "doctrine of fair use" for too long and now with all of this virtual/remote learning it has become even more crucial to examine our resources. We should be seeking permission from the copyright holder and not just rely on "oh I found it on the web and cited/downloaded it for free" excuse.

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It is encouraging that under the TEACH Act, teachers can mimic activities online, such as live read-alouds, as long as it is in a closed environment for their students only. My question in, is there any allowance for teachers to record these read alouds for students who cannot join live? I see on the SLJ list of publisher permissions that some publishers allow for this granted that the videos be deleted by a certain point, however, the article hasn't been updated since the spring so I am not sure if publishers have/will extend these dates into the fall.

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I thought this would be a great video not only for students but for teachers as well. We are not teaching enough about copyright and fair use in my school community.

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There are great activities to share on Copyright & Distance Learning.

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I thought this teacher did a great job getting her students to analyze and discuss fair use.  It was good to see the students share their different opinions and the evidence they had to support this.  Fair Use can be difficult to understand.

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I also liked the clarification of the purpose of copyright. It helps to view it that way when considering what or how much to use. I can't remember ever hearing the correct purpose before.

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The video highlighted key strategies which may be used to teach Fair Use to young students. The instructor used personalized learning by allowing students to analyze examples they can relate to. Students were able to incorporate new content into existing knowledge. As a result the students discussions were much richer and they seem to gain a deeper understanding of the vocabulary and content. 

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The video highlighted key strategies which may be used to teach Fair Use to young students. The instructor used personalized learning by allowing students to analyze examples they can relate to. Students were able to incorporate new content into existing knowledge. As a result the students discussions were much richer and they seem to gain a deeper understanding of the vocabulary and content. 

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As I watched the video, I kept thinking that I would want to be a student in her class.  She is teaching a lesson on fair use that has her students engaged and thinking critically.  I also liked how the students  applied their new knowledge to their live. ie not using the same beat of a song with new lyrics.

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I agree that the more that we know about the TEACH act the better. I'm excited to see and use the lessons that this site has. Most of us have heard about Common Sense Media, but this site looks to have a lot of resources for teaching our students about copyright.

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I didn't know all about the TEACH act. It makes total sense that something like this exists, and I don't know that any of the teachers at my campus knew about this. It will definitely be something that needs to be addressed as virtual learning might be part of our school landscape for a while.

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Joyce Gray...We all know how much students access and use digital media. This video emphasized the importance of teaching students not just about copyright and fair use in the classroom, but in their personal lives as well. So many kids now are making TikTok videos or Instagram posts, etc., and they need to know the limitations of using other content in their own creations.

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I iked how it was emphasized from the beginning of the article about the purpose of copyright law.  I have heard many librarians say that it is to protect the creator, which is not the case.

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Joyce Gray...Learning about the TEACH act was helpful and emphasizes to me the often over-looked need to teach students, as well as educators, about copyright. I also plan to utilize the permission lists referenced in the article.

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Joyce Gray...This helped clarify for me what factors would be considered in court to determine fair use. It was interesting to learn that fair use could be applied more liberally to factual information than a creative (artistic) work. Of course this does make sense in that copyright law is designed to encourage more creative endeavors.

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I thought it was interesting that during the interview with the teacher in the video, she mentioned she couldn't show us the video her students were watching because of copyright. It occurred to me that even though they were making the video to talk about the importance of fair use, they used it in a real world example.

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This video gave me some ideas to use in the library. I always talk to teachers about fair use and copyright, but with students I have focused more on citing sources and finding copyright free music and images.

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Four Factor Test
I enjoyed watching the video of the fair use test. It is a user-friendly method for students and educators to make sure they are following the rules.

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C&C C.5 Permission NOT Required (Fair Use Review from Lesson A)

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Amy Romero:             Copyright- Rapidly Shifting a Course Online 

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Amy Romero:             Copyright- Rapidly Shifting a Course Online 

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This resource was linked in the second article. It includes tips for teachers to converting from in person to online line courses.  It mentioned the importance of linking to the original source.

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Rapidly shifting your course from in-person to online · University of Minnesota Libraries

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Copyright Services Home Copyright Permissions © Basics Using Copyrightable Materials © and Your Scholarship Specific Uses: Teaching Rapidly shifting a course online Sharing Course Materials Sharing Student Works Using Images in Teaching Using Video and Audio General: Fair use judgment calls General: Good News!

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I'm still looking through ideas that Shawna shared with us - Thank you-  and the thing I realized is that there's a lot of readily accessible information out there on this topic. Just choose.  I've used CommonSense media and implemented their lessons to create a Canvas Course for our students. It's not just teachers that need this information! We can be good role models and spread the word. 

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I'm still looking through ideas that Shawna shared with us - Thank you-  and the thing I realized is that there's a lot of readily accessible information out there on this topic. Just choose.  I've used CommonSense media and implemented their lessons to create a Canvas Course for our students. It's not just teachers that need this information! We can be good role models and spread the word. 

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Canvas Course

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The TEACH act does not cover textbooks or course packs. My question is if the district buys a supplemental textbook resource for every student, could that be made available online for virtual learners since a hard copy was purchased for them? Under Fair Use, this does not take away from potential market value.
I like how the TEACH act holds educational institutions accountable for teaching copyright to staff AND students.

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I liked that the students had the ability to talk after the lesson and really defend their viewpoint and choice. Not understanding copyright and fair use is a good thing to introduce and work with students as they may not understand it all and with distance learning becoming something we all have or had to do its important for teachers and students to fully understand it and be able to take away something from the lesson

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I loved the Classroom Takeaways at the end...students defending their choices. This lesson was so relevant to students as well.

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According to th  TEACH Act, students must be told a resource is copyrighted.  Not sure if this occurs every time, but it would be a great opportunity to review copyright regularly.

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I really like this teacher's lesson. The students were engaged and her decision to use music and digital media was great. It was wonderful to hear how the kids were able to distinguish between fair and free.

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Well, I'm embarrassed to admit that I didn't know about the TEACH Act. I'm really glad I was able to read about it. With virtual learning taking place in a big way, knowing about the limitations in place for online resources will be vital.

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My takeaways are the requirements that should be in place when using the TEACH Act.

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Copyright and Fair Use can be confusing but I am encouraged that  a group of library copyright specialists explained why they believe that during this time the reasonable use of copyrighted materials in distance learning will almost always be a fair use and that in most cases read-alouds for classroom use can be used in an online context.  I hope to learn the specifics about this in this course.

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Leah Brady -  The challenges of distance learning extend past trying to engage students.  Unfortunately many classroom practices have different restrictions online.  I'm in a librarian Facebook group that talks about this topic daily. I know it will be an important element in the coming weeks when instruction is expected to be more in-depth.

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Leah Brady -  The challenges of distance learning extend past trying to engage students.  Unfortunately many classroom practices have different restrictions online.  I'm in a librarian Facebook group that talks about this topic daily. I know it will be an important element in the coming weeks when instruction is expected to be more in-depth.