Sound Advice

An article in an education magazine stated that "students may download and use copyrighted images for a classroom project as long as the projects are not distributed outside the classroom." Is this correct? Wouldn't there be issues of "republishing," if the students used the images in another multimedia presentation?
—Kendall Heide, library media specialist, Maize East Elementary, Maize, KS

As readers of this column have probably discovered by now, there are few certainties with copyright. The magazine's statement probably is true in most circumstances, but there could also be instances where the statement is untrue. We can turn to Section 110 of the copyright law, which covers displays and performances in the classroom, for guidance. In general, the public display of an image for classroom purposes is an exemption for both teachers and students at nonprofit, educational institutions. However, in order to take advantage of this exemption, institutions must meet several requirements, particularly when transmitting digital works via computer networks. If Section 110 does not apply or the necessary prerequisites for exemption cannot be met, we must consider fair use. What is the purpose of the use? What is the nature of the material being used? How much of the material is being used? Is there an effect on the market for the work?

In regards to your question about "republishing," the new work created by the students is not a "publication." Copyright law defines publication as the distribution of copies to the public. In our example, the presentation and images are displayed to the class, an entirely different aspect of copyright that leads us to initially consider Section 110.

Our library would like to paint a mural that includes storybook characters, such as Arthur and Harry Potter. Do we need to contact each publisher, or another agency, to get permission to reproduce them?
—Sue Talbott, librarian, Stratton Elementary School, Champaign, IL

This is a fair-use question. One must consider purpose, nature, amount, and the effect on the market. In this instance, I would seek permission to use the storybook characters. These characters are currently popular, and there is a healthy market for the works in which these characters appear. There may also be other rights associated with each work—clearly trademark is implicated. Public domain characters, of course, could be used without permission.

Here's a true story: three day-care centers in Florida created murals on the outside of their buildings, using Goofy, Mickey Mouse, and Minnie. Disney sued the day-care centers (and got a bit of bad press for doing so). The centers had to pay fines and remove the images. Another cartoon producer, Hanna-Barbera, let the centers use some of its characters (the Jetsons, Scooby-Doo, and Yogi Bear), held a special ceremony in celebration, and received a lot of favorable publicity.

As part of a unit on sound editing, a high school multimedia teacher wants his students to copy and edit songs from CDs that they bring in to class. The songs would be used in a PowerPoint presentation. The teacher wants to make sure that this is legal.
—Cheryl Carruthers, library media specialist, Northern Trails Area Education Agency, Clear Lake, IA

I believe this is a fair use. The CDs are being copied so that the students can learn how to edit sound. There is a clear educational purpose for the copying. Assuming that the original CDs are lawfully acquired by the students, there is minimal harm to the market. It is likely that the music the students choose to use is currently popular, and it is also true that the recording industry might want to be paid for its use. But just because a copyright holder wants to collect a royalty doesn't mean that should necessarily happen. (Remember: the copyright holder does not create the copyright law.)

Some readers may wonder if the amount of the song being copied matters, or if there is a guideline that tells us what percentage of the song is OK to copy. The amount that should be copied is the amount necessary to complete the assignment. Depending on what that assignment entails, an entire song may need to be copied and that would still be considered a fair use. Of course, the copy should only be used for the class assignment and not distributed outside of school.

Carrie Russell is the American Library Association's copyright specialist. She will answer selected questions from readers. Send questions to slj@reedbusiness.com, with "copyright" in the subject line. Be sure to include your title and the name of your school or public library. Note: Carrie's comments are not to be considered legal advice.