Combatting Non-compliance

 

 As we have discussed, copyright compliance is an important, but difficult issue in the school systems and universities.  As an undergraduate and high school student, the music programs I attended violated three of the four guidelines, listed in the implications of copyright laws, as set out by Conn (Conn, 2002) for copyright compliance.  As an original piece of creative work, copied in its entirety where the creators lost money based on the copyright infringements, the music programs were clearly not in compliance with copyright laws.  The enforcement and compliance of any set of guidelines would have been difficult, if not impossible, to enforce in these instances because the programs were so poorly funded that there wouldn't have been music for the students without copyright infringement.  The implications of copyright laws are difficult for the school systems and universitis because of the budgetary strain this can create.  As classrooms take a look at the rules laid out by law and outlined by a school district, the implementation will only be successful if the classroom has the necessary resources to succeed without violating copyright laws.  

 

The Ottawa Intermediate School District offers the following sample policy language:

 

  • District employees and students will adhere to copyright regulations as identified in Title 17, United States Code, Sections 101-810. Guidelines will be posted at all copy machines in the district.
  • The classroom use of videos, music or computer software shall be at all time within legal copyright guidelines.
  • Illegal copies of any media materials, including music, software or videos, may not be made nor used on school equipment.
  • The legal protection of the School District cannot and will not be extended to employees, students or volunteers who violate copyright laws.
  • The ethical issues caused by piracy will be taught to students as part of the library media curriculum. (Ottawa Intermediate School District, 1999)

 

As with the guidelines previously laid out by Conn, it is clear that educators must consider copyright laws in the classroom.  While some materials may fall into the fair use category, the given guidelines make it clear that a large section of teacher resources do not fit under fair use.  It is these instances when such clear language as that provided by Ottawa's sample policy is wonderful because it illustrates what the district will do in order to ensure all teachers and students are aware of the guidelines and states exactly what is not allowed within the district to ensure copyright compliance.  With clear guidelines such as those in the example, copyright compliance should be enforced according to Chapter 5, Section 04 from Title 17 of the United States Code as listed below.

 

Remedies for Infringement: Injunctions

 

        (a) In General. - Except as otherwise provided by this title, an infringer of copyright is liable for either -

        (1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or

        (2) statutory damages, as provided by subsection (c).

        (b) Actual Damages and Profits. - The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are    

attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the
infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
        (U.S. Copyright Office, Accessed 1 Oct 2007)
 
Given defined policies, such as those provided by the Ottawa Intermediate School District, and the remedies prescribed by law, the consequences of non-compliance should be as follows:
  •  All students and teachers should be made aware of the district's policies regarding copyrighted materials, with policies placed in the handbook, as well as in areas of high traffic, such as the computer lab and copy machine.
  • Students should be taught responsible usage of copyrighted materials, both in their assignments and in the materials teachers present for use in class.
  • Teachers and students will be held to the standard of the law and non-compliance has a zero tolerance policy, like that of plagiarism.

     

    • Students shall not be allowed to submit assignments not in compliance with copyright regulations
    • Students shall not be allowed to abuse copyright regulations through the use of school property (i.e. school computers)
      • Offenses will be remedied based on the school board's decision, but can include; student paying damages to copyright owner as outlined by law, suspension or expulsion
    • Teachers shall not be allowed to use for class purposes any materials not in compliance with copyright regulations
    • Teachers shall not be allowed to abuse copyright regulations through the use of school property (i.e. school computers)
      • Offenses will be remedied based on the school board's decision, but can include; teacher paying damages to copyright owner as outlined by law, suspension or dismissal

         

   
 
Conclusion
 
 
Copyright guidelines, implications and compliance are clearly far reaching issues. However, it is important that students, teachers and administrators deal with the issues surrounding copyright.  Using guidelines such as those provided by Conn or Ottawa Area Intermediate Schoo District, school districts/universities need to establish a copyright compliance policy.  The following of copyright laws is not just a matter of good form or proper formatting, it is a legal matter that school districts and universities must address.  Teachers and students alike have a responsibility to follow the guidelines set out by their district or university for the protection of copyrighted materials and as well as themselves.  When guidelines for copyright compliance are set in place and followed by students and teachers, the district, teachers and students are kept safe from lawsuit.  It is the responsibility of teachers and administrators to inform students of the guidelines for copyrighted materials.  In doing so, the students and teachers should be held to the standard of the guidelines, both by the district/university and by law.  A system of warnings and increasing penalties needs to be established and followed for the protection of copyrighted materials, school districts and universities.  We have all expanded our knowledge of copyright laws and in going forward will be held to the standard we now know exists.  This project has been informative and enjoyable through the use of a wiki.

 

 
 
Works Cited
Ottawa Area Intermediate School District.  Copyright Policy.  http://www.remc7.k12.mi.us/oaisd/standards/standards.copyright.html. Copyright 1999.
U.S. Copyright Office.  Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code.  http://www.copyright.gov/title17/92chap5.html#502. Accessed 1 Oct 2007.
 
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