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Copyright and classroom projectorsDate: January 15, 2012 by Bruce Rockwell  Views: 3099
I went to a presentation about copyright issues - many years ago - and I remember that "fair use" has been tested and interpreted for projecting copyrighted materials in the classroom, and the legal distinction that was tested in court came down to whether or not the projector was in the same room as the screen(?). It was too long ago to remember the context, but in any case I just got a grant for an LCD projector and want to start using it in my choir classes for things like rhythm flash cards, score analysis, sight-singing, etc. Most of the materials that I've used and seen for these kinds of exercises are obviously priced for individual purchase for each choir member, and not for classroom projector use. If this is a gray area legally or ethically I don't mind operating in a way that errs in favor of the interests of my students and our operating budget. But I want to set a good precedent for ethical behavior, and I was wondering if my recollection about the legal distinction is (or was ever) accurate, and what the current state of the art is for the legal and ethical implications of projecting copyrighted materials in the classroom.
Replies (3): Threaded | Chronological
John Howell on January 15, 2012 1:13pm
Bruce: Not being a lawyer, I can't give legal advice, but in part the answer to your question seems to be dependent on when you attended that lecture. The "new" copyright law was passed in 1976, and went into effect in 1978, while the "Fair Use Guidelines" were established by the MPA but were NOT written into the law until much later, and may still not be entirely in the law itself. They were never anything more than an agreement not to sue for certain narrowly restricted uses for educational or religious purposes.
But those Fair Use Guidelines spoke to the USE of copyrighted materials in the classroom, not to the TECHNOLOGY of their use. So my interpretation would be that if it's permitted to hand them out it's permitted to project them. Overhead projectors existed much earlier, and opaque projectors earlier yet, at least back to the '40s. Just don't quote me as an authority if you get sued!
And it's a good question, because one of the several rights included in the copyright bundle of rights is the right to "display" a work in public, which made no sense in music until churches started projecting music or lyrics during services.
All the best,
John
on January 16, 2012 8:57am
I have never heard of the "same room as the screen" distinction, but here on ChoralNet, we have had discussions about the legality and ethics of projecting materials in the classroom, including this one:
In that discussion, it was brought out that one can use an "opaque projector" in conjunction with the right to "display" a legal copy of a copyrighted work. That information was found on the JW Pepper website, here:
The page is titled: "THE UNITED STATES COPYRIGHT LAW - A GUIDE FOR MUSIC EDUCATORS." Here's a quote:
"The owner of a lawfully acquired copy of a copyrighted work may display it to those present at the place where the copy is located."
(Which seems connected to your "in the same room" concept)
to quote further:
"A teacher, as an agent of the school, presumably qualifies as the owner of a school-owned copy. The legislative report accompanying the law indicates that displaying the image of such a copy by an opaque projector would not be an infringement, whereas making an unauthorized copy--transparency, slide or filmstrip--to project would not be permissible. Only the owner of the copy has the privilege of displaying it."
So, while you could probably point some sort of camera at any given copyrighted materials and display it legally to your students, making some sort of "copy" (such as a digital scan) without epress permission to do so first would probably violate the law.
on January 16, 2012 12:21pm
Wow, that's interesting. I can use a document camera in a large lecture hall and avoid paying for copies for hundreds of students. But if I scan something and show it just to my section leaders that's a violation - in neither case would any royalties be paid. I guess that's why have lawyers, to decide these things for us.
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