Loaning EBook Readers/EBooks

Jul 25

Posted by admin in E-Books | Comments off

Q.  How are Kindles/e-books/etc. dealt with, under copyright law, in relation to use in a lending library of any sort? Would a library be in violation of any laws by loaning out this sort of media, as if it were a book?

A.  Many libraries  have embarked on loaning Kindles with pre-loaded e-books.  As different than buying a published book, however, the use of a Kindle and the downloading of electronic books to the device is governed by a user agreement.  Contract law supersedes copyright.  At this time, Amazon has taken the position that the user agreement doesn’t permit the loaning of the Kindle with the e-books, while libraries have challenged the wording of the Kindle agreement.  The Amazon agreement also states that the wording of the agreement may be changed at any time and once changed, it becomes effective and governs all use.

The libraries that have proceeded with implementation have argued that it is no different than loaning out a copy of the book and that only one copy of a book is loaded on each Kindle.  In addition, libraries, in order to protect themselves from possible user abuse, have contacted Amazon which cooperated with libraries in providing information on how to deactivate the registration on the Kindle on loan so that the user can’t download additional content and when returned, the library can reactivate the Kindle registration.  At this point, Amazon hasn’t taken any direct action in the form of lawsuits.  It may be that Amazon is waiting to see if such use of Kindles diminishes or enhances book ordering and the possible impact on Kindle sales.

One of the problems in being on the bleeding edge of change in technology is that some bleeding sometimes does take place.  So, at this point, I cannot provide you with a definitive yes/no response to your question, other than providing you with the facts as to where the situation stands at this time.

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Converting a VHS Recording No Longer Available

Jul 25

Posted by admin in Converting Formats, Duplication, Video | Comments off

Q.  If you make a DVD copy of a VHS tape that is no longer available for purchase, is that copyright acceptable?

A.  If your school originally purchased the VHS tape with duplication rights, then it would be permissible to convert the video to DVD format.  If not, you would need to obtain permission from the copyright owner. A work, no longer in production, doesn’t end copyright protection. The only rights that are granted to a purchaser of video program is the right to play and view the program.  The purchaser doesn’t own the program, but only the media on which it is recorded.

There is a provision in the Digital Millennium Act, that pertains solely to libraries, that when a medium is no longer in production and the equipment to play it back on is no longer in production, then a library may convert its original holding to another media format.  Currently, the only media meeting this definition is 8 track, audio tapes.

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Copying or Modifying Logos

Jun 13

Posted by admin in Converting Formats, Duplication | Comments off

Q.  Our Technology Education department recently acquired 3D printers.  Students create a design using computer software.  The 3D printer then creates the design and prints out the actual object.  If a student draws, for example, a professional, football team, logo and prints it, is this acceptable?

A.  The official web site of the Copyright Office of the US states, in response to the following question:

“How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark. ”

As per the preceding, in general, logos are not a copyright protected work, unless they contain sufficient, original authorship.  This might be difficult for you to determine. However, assuming that the football team logo is not eligible for copyright protection, it may have been registered as an official trademark of the team.  If it has, unlike Copyright, there are no Fair Use provisions for using trademarked images, which means, with a few exceptions, they could not be used without prior permission.

Overall, my recommendation would be to obtain permission prior to using an organization’s logo, due to variables in regard to the legal status of the logos and a very limited and highly interpretive set of exceptions as to when logos may be used without prior permission.

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Recording Books Onto iPods™ for Student Loan

May 6

Posted by admin in Converting Formats, Duplication, License, Printed Materials | Comments off

Q.  Our school purchased iPod shuffles for use with reading groups in first grade. Last year we recorded one book onto each iPod shuffle and checked it out to low readers as a “trial” program. This year, teachers have recorded all kinds of books and reading materials onto the shuffles. As an example, there  is a reading series purchased by the district that is accompanied by tapes and cd’s which a teacher has “loaded” onto an iPod. Other teachers want the iPods so they can “load” whatever books they have in print and cd form. What are the guidelines as far as digitally changing the format of material? If we purchased iPods instead of cd players and there is no “iTunes store” download available for purchase, are we ok?

A. All of the recording activities you have indicated require prior permission.  Unless the school district, when adopting a textbook and ancillary materials, negotiated duplicating rights, the fact that recordings were purchased, doesn’t give the right to make copies.  The purchase of a book doesn’t give one the right to convert that book into another format  and then to make further copies of that format.  The act of making such copies potentially infringes the rights of the author for making copies of their works and being able to create derivative works based on their works.

In reference to iTunes, the use of the site and the downloading of content from that site is governed by the license one agrees to when using iTunes.  License agreements are contracts and contract law supersedes copyright.  iTunes only permits downloads to be used for personal use.  Even though a teacher or a school opens an iTunes account, this doesn’t grant the teacher or school additional privileges.  However, unless there are further restrictions stated on the site, materials purchased may still be eligible for claims of Fair Use and there still would be the opportunity to use portions according to various guidelines that exist, such as the Educational MultiMedia Guidelines or the Code of Best Practices in Fair Use for Media Literacy Education.

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Use of YouTube™ and Google™ Videos for Instruction

Apr 19

Posted by admin in License, Video | Comments off

Q.  I am a media specialist at a high school where we have several teachers who would like to show YouTube™ and Google™ videos in the classes. We are trying to find out the copyright laws in regards to using these types of resources.

A.  The use of both the “YouTube™” and “Google™” video sites are governed by user license agreements.  Licenses are contracts that supersede copyright laws and privileges.  At the bottom of the home pages for both sites, you will find in small print the words “Terms of Use.”  If you click on on this link, you will be brought to the license/contract language governing what the user is allowed to do and restricted from doing when using videos found on “YouTube™” and “Google™.”

In both cases, they make it known that if the images, logos, videos, artwork, text or other content is the creation and property of “YouTube™ or Google™”, the license requires that you obtain prior permission when using the materials for anything other than personal use.  Content that is contributed by users is protected by Copyright Law and that is stated in both licenses.  Since the licenses basically state that the contributed works are under Copyright protection, then Fair Use, special exemptions under the law and  privileges found in the various Copyright Guidelines and in Distance Learning (The TEACH Act ) would still apply.

In the case of contributed materials to these sites, linking to the specific materials would appear to be permissible, as well as live presentations in class, as per Section 110(1) of the Copyright Law, granting educators the right to display and perform copyrighted materials for the purpose of “Face-to-Face” instruction.  However, when it comes to a use that would require downloading the videos, archiving them for later use, or incorporating them into a distance learning course or other presentation, it appears, from the license statements, that owners of the content need to be contacted, unless the owners of that content have stated in their submission that end users have the right to download or retransmit the materials.  In the case of “YouTube™”, if the individual video doesn’t have a download button on the page that hosts the individual video, then, according to the “YouTube™”, Terms of Use Agreement, it would not be permissible to download or copy that video.

It is important to become familiar with the “Terms of Use” for both sites and to understand the privileges and limitations stated therein.

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Using Music In Student Created PowerPoint™ Presentations

Apr 19

Posted by admin in Multimedia, Music | Comments off

Q.  What are the rules regarding the use of music in student created, PowerPoint ™ presentations?

A.  The Educational MultiMedia Guidelines (see http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm)  provide an interpretation of Fair Use as to the limits for using various forms of media in a multimedia presentation, such as Powerpoint™.  However, it should be noted that the guidelines were negotiated between copyright owners and educators and the compromise wording sets a conservative floor for what may be done, but not what may possibly be legally done when applying the four criteria of Fair Use.

In other words, there may be instances when more than what is stated in the Guidelines may be used, especially if the student presentations are being made for a class in media literacy or a teacher is teaching using the techniques of media literacy, rather than the traditional use of media.  Please reference the “Code of Best Practices in Fair Use in Media Literacy Education” which can be found at:
http://www.centerforsocialmedia.org/resources/publications/code_for_media_literacy_education/

Make sure to read all the introductory material, and not just the five principles, in order to understand the limits and conditions regarding what is being stated.

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Downloading/Linking to YouTube Videos

Mar 5

Posted by admin in Distance Learning, Video | Comments off

Q.  Is it permissible to download a YouTubetm video and incorporate it into my on-line course, which is hosted on a restricted access network?

A. In terms of YouTube, their on-site, legal statements indicate that unless there is a download button on the screen for the video desired, it is not permissible to download the video.  Even if it is permissible to download, it is also stated that materials posted on YouTube are for personal use only.  When one agrees/accepts the terms and conditions of using a site, they are now operating under an agreement, which is contractual in nature.  Contract law supersedes copyright. Based on the restrictions stated on the site, I would recommend utilizing links to the video titles you wish to use, rather than downloading and embedding the video segments into your course.

The negative to linking is that you periodically need to check to see if the link is still active or hasn’t been hacked and is pointing to a less desirable location.  However, the positives to linking are not only do you avoid potential copyright issues, but you tie up less space on your institutional server than when storing video segments.

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Recording Book Readings for Airing On CCTV

Jan 20

Posted by admin in CCTV, Printed Materials, Video | Comments off

Q. May video taped recordings of a teacher or community helper orally reading a book from the media center’s collection be made for the purpose of viewing over the school’s TV distribution system for special occasions, such as Children’s Book Week?

A. Reading a book onto audio tape or video tape constitutes making a copy of the entire book and changing the format. Both are potential violations of the rights of the copyright holder. Then, taking the copied work and airing it over a transmission system, without transmission rights, is another potential violation.

What would be permissible would be a “book talk” where the book is summarized and a few, brief sections are read in order stimulate interest in having students read the book(s). It would also be permissible to read the book live without recording the presentation.

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Playing Songs From IPod in Auditorium

Jan 20

Posted by admin in Music, Public Performance | Comments off

Q. Groups in our school have a need to play songs for events such as the Variety Show, Prom Style Show, etc. I recently found out that they are using a personal IPOD and hooking it through the sound system. The songs have been purchased through the Apple download site for 79 or 99 cents. I would like to know if my thinking on this problem is correct: Songs downloaded are for personal use. There are no public performance rights attached. Playing them through the auditorium system to a crowd who has paid for tickets would be a potential infringement of the copyright law. Are my assumptions correct?

A. Your assumptions are correct.

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Converting Formats

Jan 20

Posted by admin in Duplication, Video | Comments off

Q. We are considering purchasing equipment that will convert our videos into DVDs. Our intentions are to reduce storage space as well as to preserve the productions for our future use. These are commercially-produced educational videos that we have purchased for our library, Are there copyright guidelines that cover this procedure?

A. Copyright doesn’t protect ideas, but does protect the format in which the ideas are expressed. One of the five rights granted an author is the right to have a derivative work created based upon their work. Changing formats is creating a derivative work in another form. When one purchases a video program, they actually do not own the program, but rather are granted the right to use that program.

With the preceding in mind, you can still write to the copyright holders of the programs you wish to convert to DVD requesting permission and establishing the rationale for converting formats. The worst scenario is that they will not grant permission. They may grant permission with or without a fee involved.

Some educational institutions, when purchasing video programs, have obtained transmission and duplication rights. If, in fact, you have videos in your collection that have such rights,you would need to verify if the license/contract permitting duplication includes conversion to another format, in this case, DVD.

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