Posts Tagged fair use
I’m sure you remember those big FBI warnings at the beginning of our old VHS movies. Aren’t you glad the TpT products we buy for our classroom don’t have one slapped over the cover page? Well, maybe they should. Though we may be perfectly honest, totally committed educators, we might still be tromping all over somebody’s hard-earned copyright. That’s right. This month’s post is one of those in which I have to be a curmudgeon and complain about copyright infringement. But stop! Don’t click away. Here are five ways you (yes, you!) may be violating copyright laws:
#1 You Post Stuff on Teacher Websites
I commend efforts to engage students by posting class content online, but we have an ethical obligation to make sure only our own students can access it. Search engines crawl sites like Weebly and Wikispaces, which means anyone can locate, download, and print the copyrighted material posted there. A safer bet is to use Google Classroom and set such docs as “View Only.”
#2 You Pay for 20 Subscriptions but Print 25 Copies
Let’s say you subscribe to a classroom magazine such as the ever-wonderful Storyworks, but because you know students will spindle, tear, mark-on, and lose scripts when they’re working on a play, you, like many teachers, print photocopies. That’s fair use—as long as you print just twenty. A subscription to a classroom magazine is like a software license. Twenty subscriptions means only twenty copies are being used at any given time. Consider too how that might apply to posting content online.
Note that my ReadAloudPlays.com branded plays come with full reproduction rights. The original purchaser is licensed to print a full class set for use in his or her classroom. That means when you buy just one copy—usually for around three or four bucks—all your students can use it. You can’t give copies away to colleagues, post it online for anyone to download, or, as one unscrupulous fellah tried to do, put your name on it and try to sell it on TpT, but every one of your students can access it.
#3 You Adapt a Story as a Play
For those of you who like to write your own plays, that’s great! Nothing precludes you from picking up a copy of James & the Giant Peach and creating a play.
Unless you post it for the public.
Because you don’t own the rights to Roald Dahl’s stories, Dr. Seuss’ rhymes, or Charlotte’s Web, you can’t legally offer an adaptation to the masses–even for free. To post a play based on Harry Potter, you must either have permission from J.K. Rowling or wait until the story is in the public domain. In the case of Harry, that won’t happen in any of our lifetimes. In the case of James & the Giant Peach, you’ve got another forty years or so.
Can students create plays of their favorite picture book? Absolutely. They just can’t post them online.
What if you download somebody’s adaption of James & the Giant Peach from TpT? Well, you’re supporting someone who is infringing on Roald Dahl’s copyright. Sophie Dahl may be well-to-do, but her father earned that copyright. It should be respected.
Here again I get to promote my ReadAloudPlays.com brand. All my plays are either original (such as my history plays), adapted from works in the public domain (such as classic short stories), or originally published through agreements between the author/publisher and my publishers at Scope or Storyworks. Note, however, that the original graphics and layout appearing in Scholastic magazines belongs to the illustrator and/or company. Consequently, when I repackage a play I have to re-create all that from scratch using public domain images and graphics I’ve purchased.
#4 You Perform a Play for an Audience
Most professionally-written plays require you purchase performance rights, which can range into the hundreds of dollars. To stage a showing of The Lion King without purchasing rights is infringement–even if you don’t charge admission.
I periodically get requests from small theater companies requesting performance rights for my ReadAloudPlays.com scripts. (Typically I donate such rights to non-profit groups.) Teachers, though, needn’t worry about requesting permission at all. I include performance rights with all my plays.
#5 A Nasty Bonus
The Web seems to have blurred the lines of acceptable use, so these days copyright issues pop up all the time. My most recent Internet review turned up several innocent violations—teachers who posted a play on their webpage so that students could pre-read it, for example. But I also found a couple malicious violations in which “dark web” organizations are posting my content illegally and using that content to infect user computers with malware and adware. If you’re unconcerned about copyright, you can get free copies of my “Birth-mark” and “Tell-Tale Heart” plays. But be warned. Cloudfront.net is an Amazon-related site that I’m told is frequently pirated. That big red button that says, “Download Now”? Well, my play won’t be the only thing you’ll be getting for free. Better to buy my plays—and anyone’s plays, for that matter—from respected sites such as TeachersPayTeachers and Scholastic Teacher Store.
Those of you who respect copyright and download only legal copies of material, thank you! Happy directing!