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Going online can put you on the firing line when it comes to copyright infringement. Learn what you and your students need to know about copyright before you post a single word to the Web. Included: Rules for minimizing district liability and maximizing student responsibility.

The truth is, of course, that teachers have always pushed the limits of the fair use exception. Most of us, at one time or another, have found that perfect piece of text, video, music, or art, closed our eyes, and hoped against hope that our use of it fell into the murky area of "fair use." For the most part, cocooned in our own classrooms, we got away with it. With the advent of new -- very public -- technologies, we no longer have that luxury.

"In the past," John Adsit, online education coordinator for Colorado's Jefferson County Schools, told Education World, "teachers got away with illegal practices -- not even having an inkling that they were illegal -- because they were in the privacy of a classroom with a closed door, surrounded by students who had no clue that anything illegal was going on. As we use the Web, we blow open the door and leave our practices out there for the whole world to see. We all have to become more knowledgeable -- and more careful."

DISTRICT LIABILITY

"School districts are liable for any copyright violations committed by their staff, and the area with the greatest potential for liability is the district's public Web site," Nancy Willard agreed. "The Digital Millennium Copyright Act provides interactive service providers with an exemption from monetary damages for copyright infringement but only if the provider is not directly involved with the placement of the material. On virtually all school Web sites, school staff is, or should be, directly involved with the placement of the material." "School districts," Willard added, "should be very careful about the copyright status of any material posted on their Web sites. Most companies do not want to sue school districts for copyright violations unless the unlawful practice is pervasive and such a suit would send a message to other districts. Promptly removing any material that violates copyright will generally satisfy the copyright holder."

Willard also suggests that federal legislation is needed to provide schools with immunity from financial damages in the event infringing material is posted on the school Web site. "I made a recommendation for such legislation in my testimony to the Web-based Education Commission," Willard noted. "I have also made this recommendation to the National School Boards Association(NSBA) and I'm going to encourage the major education groups to propose and push for such legislation next year. The benefit of the legislation is that it requires schools to be proactive in educating about copyright and allows people who feel their rights have been infringed to have an easier way to resolve the problems."

In the meantime, Willard recommends that school districts take the following steps to limit their liability:

• Establish a process to ensure that all materials on the district Web site are closely evaluated.
• Provide professional development for teachers and instruction to students about defamation, invasion of privacy, harassment, and copyright law.
• Include an immunity provision in the policy.
• Take prompt action if accusations are made.
• Be prepared to stand up for staff or students if false accusations are made.

TEACHING RESPONSIBILITY

Teachers have an additional responsibility to make sure that students understand the spirit and the letter of copyright law.

Nancy Willard recommends that educators address the issue in their classrooms:

1. "Help students learn about the value of created works and develop respect for the creators by discussing the importance of such works on the advancement of society." Students should understand that copyright law is designed to protect the financial interests of those who create original work; that financial rewards provide the incentive for the creation of more original works; and that obeying copyright laws benefits society by ensuring a steady supply of creative works. The sites below will help students better understand the copyright process.

• A Visit to Copyright Bay Students sail through the copyright seas in this clearly written, visually appealing voyage.
• A Copyright Hunt for Elementary Students and their Teachers In this online scavenger hunt, students learn everything they ever wanted to know about copyright law -- and then some!
• Timeline: A History of Copyright in the U.S. Students explore U.S. copyright law and discover how court actions and legal interpretations have shaped it.

3. "Teach students how to request permission." Students should know how to find the owner of a copyrighted work and how to ask permission to use that work. The sites below provide templates for writing permission-request letters and resources for finding the creators of copyrighted works when the information isn't readily available.

• Giving and Getting Permissions This site provides a list of agencies that grant permissions to use copyrighted materials.
• Copyright Permission Request form The Bellingham (Washington) school district provides a form students can use to request permission to use copyrighted material.
• Copyright Scroll to the bottom of this page for Nancy Willard's permission-request template.

The sites below provide quizzes to help you discover what students know -- and need to know -- about copyright law!

• Questions About Copyright This true/false quiz is based on 10 Big Myths About Copyright Explained.
• Copyright on the Internet This printable true-false quiz tests students' knowledge of copyright law.
• A Visit to Copyright Bay This site provides six multiple-choice quizzes on the application of copyright law.

A TEST FOR YOU

Finally, Education World provides the following quiz designed to test your understanding of the material covered in this five-part Education World series on copyright.

When in doubt about the copyright status of a work you want to use, you should
a. Use it and hope for the best.
b. Use it in the classroom, but refrain from posting it to the school Web site.
c. Ask permission before you use it.

The correct answer is c. How did you do?

EDUCATION WORLD'S COPYRIGHT SERIES

The Educator's Guide to Copyright and Fair Use Part 1: Copyrights and Copying Wrongs Part 2: Is Fair Use a License to Steal? Part 3: Copyright Law and New Technologies Part 4: Applying Fair Use to New Technologies Part 5: District Liability and Teaching Responsibility

Click here to return to the main page of the Education World copyright series.

Editor's Note: The information contained in this article is, to the best of our knowledge, correct and up-to-date. Copyright laws and the circumstances surrounding the use of copyrighted materials can be difficult to interpret, however, and information in this article should not be construed as legal advice.

Article by Linda Starr
Education World®
Copyright © 2004 Education World