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Copyright in the Library
Sample Curriculum

The following outline offers suggested activities for presenting a multi-phase professional learning workshop on the topic of Copyright. We encourage you to adapt the materials, outline, and activities to meet the needs of your librarians! If you do lead a workshop on this topic, we'd love to hear about it and any additional suggestions you have to make the content meaningful for school librarians. Drop us a line at webinarSLC@abc-clio.com.

Outline

Part I: Prework - Introduction to Copyright
Part II: Synchronous Session - Basics of Copyright
Part III: Self-Study - Questions for Librarians
Part IV: Synchronous Session - Copyright at School
Part V: Continued Application - Continuing to Lead and Learn about Copyright

Prework Turnkey PD

Part I: Prework

Introduction to Copyright

Objectives:

  • Explain that the main goal of copyright law is to maintain a balance between copyright owners and users of copyrighted works.
  • Describe works that fall into the different categories of public domain and discuss rights held by users of a copyrighted work.

Time: About 30–40 minutes, self-guided

Materials:

  • Resource List, including SLC course videos
  • Access to Word or Google Docs for writing a "quick write" response and creating a chart; or paper for handwritten versions

For the facilitator: This set of readings, brief videos, and short exercises should be completed by each participant before the first group session. During this work, the librarians will review two introductory videos, organize key findings about copyright as introduced in the videos, and prepare to share their notes in the first synchronous session. In total, the prework should take about 30–40 minutes to complete.

Introduction to the Self-Study

The following activities will help you to prepare for the first synchronous session with your colleagues.

  1. Before viewing the video, do a "copyright quick write." In about three minutes, respond to the following three questions:
    1. What is the purpose of copyright?
    2. Why should librarians learn about copyright?
    3. What is one question or uncertainty you have about copyright as a school librarian?
  2. View the "Introduction" video by Gretchen McCord (1:26).
  3. Next, create a table or diagram to help organize the information in this next video and to use for reference. (Keep your document or use a word processing or a drawing app to save and view later.) Create rows in a table or bubbles, with topics that might include Purpose of Copyright, Limitation #1, Limitation #2, and "My Questions."
  4. View "Lesson 2: Purpose of Copyright Law" (6:58) and complete your chart. Be prepared to share both your chart and your quick write in the upcoming synchronous session.
  5. Finally, read the article, "Basic Copyright for Librarians." Revisit your quick write and reflect (mentally or in writing) on your responses and questions. Were any of your responses affirmed, corrected, or expanded?

In-Person Session 1 Turnkey PD

Part II: In-Person Session

Basics of Copyright

Objectives:

  • Discuss and apply fair use for school settings, including ambiguities, common misconceptions, and common misuses of copyrighted materials.
  • Identify four factors of fair use: (1) purpose/character of the use; (2) the nature of the work; (3) amount of work you are using; and (4) the effect of the use on the marketplace.
  • Distinguish between law and guidelines with regard to fair use.
  • Practice using fair use guidelines and resources, including classroom copying guidelines and Conference on Fair Use (CONFU) guidelines.

Time: About 90 minutes

Materials:

In-Person Session Outline:

1. Icebreaker: Copyright FAQs 15 minutes
2. Today's Agenda and Review of Prework: Introduction to Copyright 20 minutes
3. New Content: Fair Use Introduction 20-25 minutes
4. New Content: Fair Use Guidelines at School 20-25 minutes
5. Conclusion and Looking Forward 10 minutes

Icebreaker

The icebreaker welcomes participants into the session and gets them talking with each other about their background knowledge and questions about copyright.

Instructions: Copyright FAQs

Divide up the group into teams of three or four people. Provide each team with a folded handout with one of the following FAQs about copyright. Instruct the teams to start only by reading the questions, not the answers. There are nine questions; select from the list if you have fewer teams, or repeat questions if you have more than nine teams.

  1. Does my school, or school district, need a copyright policy?
  2. When can I show a movie to a class?
  3. How much of someone else's protected work can I copy and include in a website for a class?
  4. When can I digitize analog copyrighted works, such as VHS tapes?
  5. What are the fair use limits for situations commonly encountered in K-12?
  6. What should I do if a teacher wants to do something I'm sure is not allowable under copyright law, including fair use, but my principal backs her up?
  7. How does fair use apply to licensed works, like eBooks?
  8. What kind of permission do I need to get in order to post photos of our students on our district website or social media?
  9. Do I need permission to link to a website?

Invite the teams to introduce themselves, then read and talk about their assigned questions. What do they think?

After about 3–5 minutes, invite the teams to unfold their handouts to reveal the answers. In teams, and then as a whole group, share out. How did they do? What errors, questions, or misunderstandings did they encounter?

Today's Agenda and Review of Prework

Begin the formal time together with any introductory remarks, a roadmap for the session, and a quick review and sharing of the concepts introduced in the prework. You might mention the legal disclaimer here, noting that this professional development session is intended to provide background information and discussion of common concerns and opportunities related to copyright, but that this information is not legal advice. Share district- or school-specific staff (such as legal counsel, building principals, or technology administrators), offices, or other resources where librarians can seek additional support.

This resource is designed to provide accurate and authoritative information regarding application of copyright law in schools. Nothing in this resource is intended to constitute legal advice, and nothing herein should be considered legal advice. If legal advice is required, the reader should consult a licensed attorney. Neither ABC-CLIO, LLC, nor the author makes any warranties or representations concerning the information contained in this resource or the use to which it is put.

Address questions or invite discussion as time allows, and transition to the Prework Follow-Up Activity.

Prework Follow-Up Activity: Introduction to Copyright

Invite participants to take out their quick writes and do a think-pair-share with the person sitting next to them. How did they respond to the three items, and what have they learned in the activities since that initial quick write?

In the same dyads, invite the participants to compare charts or diagrams. You might then make a group chart on chart paper to review the key concepts of the purpose of copyright and the two limitations introduced in the video. See the slides for key points.

Conclude the session with any questions that participants have from this activity, or "big idea" questions overall. You might introduce a wall with sticky notes or a Padlet (or other digital note board, such as a Jamboard or Google Doc) for questions that participants have throughout the day's activities.

New Content: Fair Use Introduction

When we talk about copyrighted works, the types of materials in question reflect wide-ranging formats, lengths, media, topics, and genres, with examples encompassing books, articles, movies, websites, lyrics, and more. As McCord explains, "almost any original work of authorship exhibiting a 'modicum of creativity' may be protected by copyright. Examples of works that usually will not meet this threshold include facts and very brief works, such as titles" (McCord 2015, schoollibraryconnection.com/Content/Article/1980559).

The overall purpose of copyright law in the United States is to encourage and incentivize the creation of new works and knowledge "by both rewarding authors for their contributions to the body of knowledge while ensuring that the public has the right to use that knowledge to build upon and add to the ever-growing body of knowledge" (McCord 2015, schoollibraryconnection.com/Content/Article/1980559). That process is set up to function such that a balance is maintained between the rights of creators (or copyright owners) and the rights of people who want to use copyrighted works, within certain limitations.

We discussed in the Prework the two categories of limitations on rights of copyright owners: (1) works in the public domain which are not protected by copyright (and of these, there are two types: those that do not meet the threshold requirements of copyright and those which were at one time copyrighted and the term has expired); and (2) limitations on the copyright owner's rights to control certain types of uses of those works" (McCord 2015, schoollibraryconnection.com/Content/Course/1960451?learningModuleId=1960460&). The latter category is guided by fair use, and that's our focus in this activity, where we'll grapple with the idea of overall use of a copyrighted work and the four factors to be weighed.

Activity: Spectrums of Fair Use

  1. View the video, "Lesson 3: About Fair Use" (7:07).
  2. Working individually or in small groups, have participants create a chart, diagram, or infographic to explain the four factors of fair use. (Alternate option, depending on time: assign one factor per group.) Participants might use chart paper, a white board, or a digital concept map or chart. Include the factor, a description, the "spectrum" (as McCord describes in the video), and questions to consider. Try adding some examples from your professional experience or something that comes to mind. For additional information, consult the articles, "The Bare Bones of Fair Use," by Gretchen McCord (https://digitalinfolaw.com/the-bare-bones-of-fair-use/) or "Fair Use for Librarians," also by Gretchen McCord.
  3. Present completed diagrams to the group. Update or visit the question wall. View the infographic, "Is That Fair Use: Examining the Four Factors to Make Informed Decisions."

New Content: Fair Use Guidelines at School

Here, we'll learn more about fair use, shifting now to applying fair use guidelines at school. Librarians frequently encounter questions and misunderstandings around fair use, much of which stem from the idea that if it's for school, it's ok. As McCord corrects, "contrary to the impression of many people—librarians and otherwise—not every non-commercial or educational use of a work constitutes a 'fair use.' Fair use is defined in Section 107 of the Copyright Act and allows an act that actually constitutes copyright infringement. Fair use recognizes that in some circumstances, carrying out the letter of the law violates the spirit of the law. Fair use is judged on a case-by-case basis based on four factors delineated in Section 107." (McCord 2015, schoollibraryconnection.com/Content/Article/1980559).

On the four factors, she goes on to suggest, "think of the analysis as being on a spectrum, both for each factor and overall. A factor may strongly favor or disfavor a fair use, or only slightly favor or disfavor, or maybe even be neutral in the overall analysis. Likewise, the use overall may clearly be a fair use, or may be closer to fair than not, but entirely clear. Often, then, some risk analysis is involved before deciding whether to proceed with a use" (para. 8, https://digitalinfolaw.com/the-bare-bones-of-fair-use/). Here, we will consider how school or district policies describe copyright and fair use. Supervisors and facilitators: obtain copies or links to your district's policies, if available. You might also consider inviting district administrators or general counsel to participate and/or speak in this segment of the workshop.

Activity: Let's Look at the Policy

  1. View the video, "Lesson 4: Fair Use Guidelines" (6:46). Open the floor for reflections, comments, or questions, and (as time allows), discuss items brought up, or invite participants to record questions for the sticky note wall or other collection space for questions.
  2. Individually, have participants examine the copyright, fair use, or similar policy (as some districts may combine topics) for your school library, school, district, or a combination of levels. Encourage the participants to mark up the document, then form groups of two or three to share observations, questions, and topics that were mentioned in the video. If you don't have or can't access a current version of copyright policy for your school, see the links in the Materials for samples to analyze.
  3. Share out to the group following "plus/delta" protocol: what is one positive (plus) about the policy? What is one delta (change) that you would like to see, possibly a clarification, clearer language, or coverage?

Following this activity, transition to the wrap-up.

Looking Forward

Wrap up with a look at the wall with sticky notes for today's questions. Were questions answered? What questions remain? What resources might support finding out what participants still want to know? (See "Copyright Resources" for a start.)

Part III: Self-Study

Self-Study Turnkey PD

Questions for Librarians

Objectives:

  • Describe medium and format considerations within copyright guidelines.
  • Discuss fair use considerations pertaining to "transformative use," with an emphasis on digital works and tools.
  • Give examples and discuss copyright concerns around materials in digital and electronic formats.
  • Define "self-censorship" in relation to librarians' and educators' understandings of copyright law.

Time: About 2–3 hours, self-guided, over the course of 1–3 months

Materials:

Self-Study Instructions

  1. View two videos: "Lesson 5: Medium and Format Don't Matter" (5:42) and "Lesson 7: Librarians Self-Censor" (6:04). We'll view Lesson 6 during the second synchronous session.
  2. Drawing from what you have learned in the videos and activities thus far, prepare to put on your "copyright-expert" (or expert-in-training) hat to consider some scenarios that put fair use guidelines to the test. Using the article assigned to you, or one that you select from the provided list, read a "Copyright Questions of the Month" column from School Library Connection.
  3. Using that question, create a mini-lesson for sharing with classroom teachers and school librarian colleagues. Supervisors and facilitators: you may wish to determine a format for the mini-lessons that works for you. You might have participants each create one slide for a collaborative Google Slides presentation, contribute to a lesson plan database that you use, or add a module to your learning management system. We suggest keeping the format simple and the duration short, with a segment appropriate for sharing at a faculty meeting.
  4. Finally, in preparation for Synchronous Session #2, read "Vulnerability and Responsible Teaching and Learning," by Diana Gill. Reflect: what aspects of responsible teaching and learning were new to you in this article? How does this perspective align, or not, with the more tactical, legal angles we have explored thus far? How might you introduce the concept of "Ask, Cite, and Share" into the lesson you have developed?

In-Person Session 2 Turnkey PD

Part IV: In-Person Session

Copyright at School

Objectives:

  • Give examples and discuss copyright concerns around materials in digital and electronic formats.
  • Identify the basics of a "license" for using copyrighted works in a school environment.
  • Examine and discuss licensing agreements.
  • Analyze and discuss acceptable use policies and procedures to reduce confusion and provide guidance for teachers, students, and staff.
  • Review and make suggestions for updates (as needed) to copyright-related policies of your school or district.

Time: About 90 minutes

Materials:

Outline:

1. Welcome and Icebreaker 10 minutes
2. Reviewing the Self-Study 20 minutes
3. New Content: Licensing 20 minutes
4. New Content: Policies 20 minutes
5. Conclusion and Looking Forward 10 minutes

Welcome and Icebreaker

Copyright Beliefs

In this icebreaker, plan to have as many print-outs or notecards of "copyright beliefs" as you will icebreaker groups, e.g., six groups require six beliefs. Aim for about three to four people per group.

Distribute slips of paper to each participant with a "copyright belief" from McCord's article or others that you might have heard. (Surprise! All are myths and none are really true.) Ask the participants to read their short statement and decide as a group if the statement is true or a myth and why. Share out briefly to the whole group and supplement their answers with details from the article. Transition to the debrief of the Self-Study.

At the end of the time, have the groups share out to the large group. What did they find in common? Welcome everyone to the second synchronous session and go over the agenda and objectives for the day.

Reviewing the Self-Study

Activity: Small Group Shares

For the Self-Study following Session #1, participants created a mini-lesson for teachers and fellow librarians, building from a question about copyright asked of SLC columnists. Depending on how you (the facilitator) organized the mini-lesson format, share the collaborative slide show, teach the lesson in small groups or the large group, or present sample instructional segments. Reflect on your responses to the Gill article, "Vulnerability and Responsible Teaching and Learning."

After everyone has had an opportunity to talk in their groups, transition to the first new content segment.

New Content: Licensing

School librarians are viewed as experts, qualified and knowledgeable to guide and teach on matters of copyright.

A 2018 School Library Connection "One-Question Survey" asked, "In what areas, aside from research and literature, are you considered to be an expert?" According to the results, "139 respondents selected a variety of expertises (those answering the question were allowed to choose more than one)," and notice how copyright is represented in the responses!

  • Collaboration: 77 (55%)
  • Technology integration: 74 (53%)
  • Program/school advocacy: 53 (38%)
  • Copyright: 49 (35%)
  • Professional development: 42 (30%)
  • Social media: 40 (28%)
  • Intellectual freedom and privacy: 35 (25%)
  • State/national standards: 22 (15%)
  • Assessment of student learning: 9 (6%)

However, there are many additional people in a school district or system whose roles also support implementation of copyright and fair use, particularly regarding digital products and devices. In adopting digital tools, services, and materials for the school environment, administrators and district or school staff likely manage and maintain license agreements, which are contracts that likely include terms of service or use. This idea of a license to use something has become essential in matters of digital copyright, a circumstance quite different from the use of copyrighted material in the form of a tangible object like a book.

What information is contained in these agreements? Where are they kept in the district's records, and who has access to them? What do librarians need to know, and how can they work to learn the content of agreements to support appropriate implementation with teachers, students, and families?

Activity: Terms of Service

  1. View the video, "Lesson 6: Licensing."
  2. Find and provide (or link to) licenses for a few digital tools that are regularly used in your library or school. Have the participants read the terms of service. (You might have a few people work on the same license, in order to represent some different licenses for the discussion.) What do the licenses contain? What type of users, purposes, and guidelines are described? Identify areas that may limit use in your school setting—e.g. students' age, compliance with social media policies, or other factors. What information might parents and caregivers want to know? What should students be aware of?
  3. To report out on your conversations, try a short role play. Have the participants take on the role of librarian or parent/caregiver, and have the librarian explain a license in language without jargon, identifying key points. (Adapted from the activity, "Your Digital Resources," by Karla B. Collins.)

New Content: Policies at Work in the School Library

This last segment of our learning circles back to previous activities about copyright policies for a school or district. Copyright policies, as McCord notes, may be incorporated into other documents or policies of a school, such as the use of materials and textbooks, classroom copying, technology policies, privacy, use or sharing of student work, and social media and communication. The next video and activity drill down into Acceptable Use Policies (AUPs), which guide students' use of district-owned, licensed, or otherwise facilitated materials, usually technology-focused, and inclusive of digital tools and physical devices, such as tablets, laptops, and peripheries. Helping students and their families to understand and follow AUPs is a responsibility well-suited for the skill set of school librarians, drawing from their knowledge of not only the tools and terms, but how students are expected and encouraged to use digital tools and other materials for learning, information seeking, reading, content creation, and curation.

Activity: Acceptable Use Policies

  1. View the video, "Lesson 8: Policies: Your New Best Friend."
  2. Make a short list as a group: what elements would one expect to find in an Acceptable Use Policy (AUP)?
  3. As a group, discuss policies around distributing and signing off on your school or district's AUPs. How and when are they signed? By whom? Who can access the policy, that is, is it easy to locate on the district's website, in the library or office, the student handbook? Is it available in different formats or languages?
  4. Next, in small groups, review the AUP. Have participants identify one key topic for a student to know (using the grade level of their choice). What language adjustments might support or help improve understanding? In what ways might school librarians or teachers incorporate this key topic into a lesson, classroom routine, or communication with families?
  5. Share the groups' responses among the whole group.
  6. View the concluding video, "Closing" (:54).

Conclusion and Looking Forward

Wrap up the session with instructions on next steps, including support for planning to continue learning and sharing knowledge about copyright and fair use. Thank everyone for their contributions and provide a session evaluation form.

Continued Application Turnkey PD

Part V: Continued Application

Continuing to Lead and Learn about Copyright

Objectives:

  • [Add here objectives specific to your district or school]

Time: Varies

Materials: Varies

There are many ways to continue following up with the concepts covered in this workshop over the course of the year. Determine what works best for your community of librarians to help them actively apply and reflect on their own learning.

Suggested Follow-Up Activities

Suggested Resources from School Library Connection

McCord, Gretchen. "Copyright: What You Need to Know. Introduction [1:26]." School Library Connection, ABC-CLIO, September 2015, schoollibraryconnection.com/Content/Course/1960450?learningModuleId=1960460&topicCenterId=2247902.

Gretchen McCord explores eight extremely important aspects of copyright law that are also very often misunderstood by K-12 librarians (and teachers, administration, and other K-12 educators), the result of which is significantly diminished effectiveness in our educational system.

Mandel, Alyssa and Erin Ryan. "'Is That Fair Use?': Copyright in Schools, Conferences, and Publications." School Library Connection, March 2021, schoollibraryconnection.com/Content/Webinar/?learningModuleId=2262413&terms=copyright&topicCenterId=2247902.

As educators and content creators, we often rely on the images, soundbites, and written words of others to bring our lessons, presentations, and articles to life. Although we may have a grasp on rights for most of the materials we use with students, some can still elude us (what do we do with sheet music and art, for example?). Understanding how fair use applies (or doesn't!) when communicating our ideas outside of the school building can also be tricky, especially when it comes to the content we present at conferences and the articles we're readying for publication. Join librarian Alyssa Mandel and our very own editorial operations specialist Erin Ryan for a frank conversation on the nitty gritty ins and outs of copyright; tailored for public, elementary and secondary, and academic librarians, as well as other educators navigating the world of copyright.


Supporting Resources by Gretchen McCord

McCord, Gretchen . "Copyright Corner. Busting Common Myths about Copyright." School Library Connection, January 2019, schoollibraryconnection.com/Content/Article/2184537.

McCord, Gretchen. "Basic Copyright for Librarians." School Library Connection, September 2015, schoollibraryconnection.com/Content/Article/1980559.

McCord, Gretchen. "Frequently Asked Questions about Copyright and Fair Use." School Library Connection, September 2015, schoollibraryconnection.com/Content/Article/1980558.

McCord, Gretchen. "Copyright Resources." School Library Connection, September 2015, schoollibraryconnection.com/Home/Display/1980556.

McCord, Gretchen. "The Bare Bones of Fair Use." Digital Info Law. https://digitalinfolaw.com/the-bare-bones-of-fair-use/.

McCord, Gretchen. "Fair Use for Librarians." School Library Connection, September 2015, schoollibraryconnection.com/Content/Article/1980560.

McCord, Gretchen . "Copyright Corner. Fair Use in a Nutshell." School Library Connection, December 2018, schoollibraryconnection.com/Content/Article/2181994.


Suggested Articles for Self-Study, "Questions for Librarians" activity. Search "copyright" in School Library Connection for additional articles.

Heck, Chad. "Who Owns the Copyright? Buying and Selling on Resource Sharing Platforms." School Library Connection, September 2019, schoollibraryconnection.com/Content/Article/2217053.

Ryan, Erin. "Bonus Webinar Q&A with Erin Ryan." School Library Connection, March 2021, schoollibraryconnection.com/Content/Article/2262731.

Heck, Chad. "All Access. How Much Can I Copy?" School Library Connection, October 2020, schoollibraryconnection.com/Content/Article/2255789.

Heck, Chad. "The Complexities of Online Storytime." School Library Connection, December 2019, schoollibraryconnection.com/Content/Article/2231883.

McCord, Gretchen. "Schools and Trademarks: One Win." School Library Connection, April 2019, schoollibraryconnection.com/Content/Article/2196084.

Simpson, Carol. "Copyright Questions of the Month: A Troll May Throw You under the Bus." Library Media Connection, 31, no. 2, January 2013. School Library Connection, schoollibraryconnection.com/Content/Article/1948837.

Simpson, Carol. "Copyright Questions of the Month. Fractured or Retold Fairy Tales." School Library Connection, November 2016, schoollibraryconnection.com/Content/Article/2046623.

Simpson, Carol. "Copyright Questions of the Month. Creative Commons vs. Copyright Law." School Library Connection, August 2016, schoollibraryconnection.com/Content/Article/2029151.

Simpson, Carol. "Copyright Questions of the Month: Can Classroom Teachers Use Book Jackets with Students for Book Reports?" Library Media Connection, 32, no. 4, January 2014. School Library Connection, schoollibraryconnection.com/Content/Article/1949108.

Simpson, Carol. "Copyright Questions of the Month. Conference Handouts." School Library Connection, October 2016, schoollibraryconnection.com/Content/Article/2042602.

Simpson, Carol. "Copyright Questions of the Month. Are Library Murals of Book Characters Legal?" School Library Connection, March 2017, schoollibraryconnection.com/Content/Article/2064073.


Additional SLC Resources (listed alphabetically by author)

Heck, Chad. "All Access. The Complexities of Licensed Content." School Library Connection, February 2020, schoollibraryconnection.com/Content/Article/2234907.
While it is possible to own a digital copy of a work, most of the time, we own only a license to that work instead. It is through these licensing arrangements that the rights that we have enjoyed in schools and libraries are curtailed.

Mandel, Alyssa. "Lessons to Deploy in a Student-Driven, Self-Paced World." School Library Connection, January 2021. schoollibraryconnection.com/content/article/2258989.
Well before the pandemic, I had begun experimenting with creating short video tutorials on a variety of library research skills as a way to reinforce the lessons I gave during class visits. This summer it became clear that delivering virtual education would become even more vital and that video tutorials needed to serve a much greater purpose.

Mandel, Alyssa M. and Erin Ryan. Resources for "Is That Fair Use?": Copyright in Schools, Conferences, and Publications, March 8, 2021.schoollibraryconnection.com/assets/mediaserver/SLC/2262/2262414.pdf.
Webinar handout.

Select Citation Style:
MLA Citation
Morris, Rebecca J. "Copyright in the Library." School Library Connection, November 2021, schoollibraryconnection.com/content/turnkey/2267141?learningModuleId=2267140&topicCenterId=0.
Chicago Citation
Morris, Rebecca J. "Copyright in the Library." School Library Connection, November 2021. https://schoollibraryconnection.com/content/turnkey/2267141?learningModuleId=2267140&topicCenterId=0.
APA Citation
Morris, R. J. (2021, November). Copyright in the library. School Library Connection. https://schoollibraryconnection.com/content/turnkey/2267141?learningModuleId=2267140&topicCenterId=0
https://schoollibraryconnection.com/content/turnkey/2267141?learningModuleId=2267140&topicCenterId=0

Entry ID: 2267141

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