Copyright law can be both the friend and foe of the student media. While the law protects student journalists against the unauthorized use of their stories, drawings or photographs, it also limits their ability to reproduce the works of others. The following guide, which explains the basics of copyright law, should provide student journalists with most of what they need to know to both safeguard and exercise their rights.
“Plagiarist!” It is an accusation that strikes fear in the hearts of students, academics, journalists, authors and presidential candidates alike. The fear is certainly that of being caught: punished by those in authority, professionally censured by one’s peers, publicly humiliated. Often too, however, it is a fear of the unknown. From the day a third grade student, armed with cut-and-paste commands, is assigned a report on Thomas Jefferson and turns to Wikipedia, he confronts the same questions faced by the best-selling historian who dares consult secondary sources: how do I use this information without “overusing” it. How much use is too much? What needs to be attributed and what doesn’t? Is substantially rewording or paraphrasing a passage sufficient to make it my own? What constitutes “substantially?” And on and on. Even when one makes every conscious effort to avoid the P-word, the nagging thought can remain: what if it wasn’t enough?
Copyright law can sometimes get pretty complicated. One thing, however, is clear: the surest way to use a copyrighted work legitimately is to get permission from the copyright holder.
Copyright Law
Copyright law protects the owner of an original work against the unauthorized use of his work by others. The work of student journalists, photographers and artists — just like any other author — is protected from copyright infringement. The most common issue for student media, however, is not so much protecting their work from use by someone else as it is determining whether they can use material produced by others in their publications or programs. For example, is it permissible to reproduce a popular cartoon character or reprint the words of a poem in a student yearbook? Is it okay to download photos from the Internet to illustrate a story in the student newspaper? Can you run clips from a music video on a student-produced television program? Unfortunately, the answers to such questions can be more complicated than a simple "yes" or "no."
Everyone wants Bart. Or SpongeBob. Or one of those Aqua Teen Hunger Force dudes. Each year, student yearbook editors from across the country call the Student Press Law Center to ask how they can get an image of Bart Simpson (of the FOX-TV animated show, “The Simpsons”) – or whoever the cartoon character de jour happens to be – into their yearbook or other publication without running afoul of copyright law. They usually receive both some good news and some bad news. The bad news is that they may not be able to use Bart in precisely the way they had hoped. Bart is a copyrighted image and federal copyright law restricts its use. The good news, however, is that with a little extra work, planning and creativity, it should be possible to legally include Bart in some way.
Student Press Law Center. Giving information on fair use in education.
hink you know your stuff? Check out the Copyright Challenge to test what you know about copyrights. Make sure to complete all the questions so you can get your honorary "Copyright Cat" certificate at the end. Note that some questions may have more than one correct answer. And don't worry about guessing wrong. You can just keep trying until you find the right answer or answers!
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WHAT IS LEGAL IN THE SCHOOL CLASSROOM "
"It is the intent of Visalia Unified School District and its employees to abide by all copyright laws. This page is intended to help Visalia Unified staff members understand and abide by the laws and regulations of copyright protection. The guidelines are based on the Copyright Law and subsequent guidelines, amendments and endorsements. Please email any comments, corrections and/or suggestions to help use keep this work as up to date as possible. Last revised 10/06/2010. "
"NEW HOW-TO-DO-IT MANUAL HELPS SCHOOLS AND DISTRICTS AVOID COPYRIGHT PROBLEMS Tuesday, Mar 10 2009
General Announcements Laura 3:47 am
Provides essential guidelines for creating, enforcing and maintaining copyright compliance in the 21st century "
"Does your School Really "Own" its Intellectual Property?
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"One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law."
"Creative Commons helps you share your knowledge and creativity with the world.
Creative Commons develops, supports, and stewards legal and technical
infrastructure that maximizes digital creativity, sharing, and
innovation. "