Happy Birthday
Believe it or not, the song Happy Birthday is subject to copyright. The music and original words "Good Morning to All" were written by Mildred and Patty Hill in 1893. The song was originally intended to be used by teachers to welcome students to class each day. Nobody really knows who wrote the words "Happy Birthday to You" and put them to the Hills' melody, but they first appeared in a songbook edited by Robert Coleman in 1924. The version with the words "Happy Birthday to You" was first copyrighted in 1935 and copyright now rests with the Time Warner company. Does this mean you can't legally sing Happy Birthday to your family and friends? No, but be wary about attempting to use Happy Birthday in any kind of publication. Watch the credits at the end of films in which the song is sung!
Stolen from- http://www.unhappybirthday.com
What is copyright?
Copyright is the ownership of an original work that can include forms like: texts, images, audio recordings, video recordings, computer software, websites, etc. Any digital copies are covered under this law.
Once an artist creates the original work, copyright is immediately effective and the work is therefore protected. This can be done without having to register the work claiming copyright of any piece. All artistic forms previously mentioned belong to the author/creator and must be presented with permission to use in any other context.
The following are all examples of copyright protected which needs permission for use in the classroom.
• Any form of copying the work including: photocopying, scanning, reproducing them in electronic format, and duplicating audio and video recordings whether with intent of monetary gain or not.
• Sharing the work with the public
• Any performances of a drama or play, music or a song before the public.
• Making an adaptation of the work.
• Using music, video or other files without permission.
• Recording vide and presenting in video format or adding to a website including YouTube.
There are several things that educator’s can do to use a copyrighted piece in a presentation for educational purposes. This is still only used in a classroom for educational purposes and must not be used for other reasons.
• Public Domain is in use on any created piece after a certain time of the creator’s death- depending on the format of the work being used.
• 50- 70 years in the case of books, audio and video recordings, audio and video broadcasts, and computer-generated works.
Students should be aware that the law protects:
• Radio and TV programs - broadcast or cable
• Literary works
• Dramatic works
• Musical works
• Typographical arrangement of published editions
• Artistic works
• Computer programs and databases
• The Internet
• Audio recordings Video recordings
• Films
Copyright and Education Guidelines of Using Copyright Material:
Music
1. Up to 10% of a copyrighted musical composition, but no more than 30 seconds
2. Up to 10% of a body of sound recording, but no more than 30 seconds
3. Any alterations cannot change the basic melody or the fundamental
character of the work
Copying and Distribution Limitations
1. No posts of multimedia claiming fair use on web site
2. Only 2 copies of original may be made
3. For instructional purposes only, 1 copy may be placed on reserve
4. Teachers and students must credit sources, giving all bibliographic
Information
Fair Use
Fair use permits certain times when educators can claim the use of materials without requiring the permission of the copyright owner. These times only include what is reasonable for educational instruction and study. Educators may use the Fair Use guidelines in some instances but creating multiple copies of textbooks and worksheets for classroom use is still not considered legal under the Fair Use Policy.
For instructional purposes, you are permitted to:
• Make and/or print temporary copy of a web page.
• make a single copy of a Web page, although not the whole website, to a hard drive or or other storage media, as long as it is not for the purpose of producing multiple copies
• quote from a Web page as long as the source is acknowledged and it is for the purpose of criticism or review;
• make a temporary copy of a Web page for the purpose of electronic transmission such as email, to an individual for their private study or research. The copy should be deleted as soon as the transmission is complete.
Fair Use stops if:
• a single electronic copy is made with the intention of producing multiple copies or redistributing it either in paper form or electronically
• Copies are used commercially or sold without owner permission.
• Copy is made publicly available without permission of the copyright owner.
All educators should learn these guidelines to be on the safe side of using anything created in presentations. To remain within the guidelines is easier if you try to make sure you find copyright-free references that are available in the Public Domain. Remember to share this with your students because they are creating in an age where it is extremely easy to find digital copyrighted work of others.
References for further information
• Copyright, Design and Patents Act 1988: See the IPO site: http://www.ipo.gov.uk/types/copy.htm
• Copyright Licensing Agency (CLA): See this site for advice and licences relating to copying printed materials: http://www.cla.co.uk
• Copyright and Related Rights Regulations 2003 (UK)
• CopyWatch: The compliance arm of the Copyright Licensing Agency (CLA): http://www.copywatch.org
•Templeton, Brad: Brad Templeton is based in the USA, but he covers general and international copyright issues too:
o A brief intro to copyright: http://www.templetons.com/brad/copyright.html
o 10 Big Myths about copyright explained: http://www.templetons.com/brad/copymyths.html
• What is copyright protection? This website is very useful in explaining copyright in simple terms: http://www.whatiscopyright.org
Your post was very informative and brought to light so many points about copyright and fair use that I hadn't considered before. Our media specialist usually gives a brief overview to staff on copyright laws at the beginning of the school year but it is very brief and doesn't include a lot of the information that you gave in your post. I think we should probably have a more extensive staff development each year, especially considering the consequences if someone breaks the copyright rules, even if it's because they didn't know the laws.
ReplyDeleteThanks,
Suzanne
Mr. Thibault,
ReplyDeleteYour post was very thorough and easy to follow. I appreciate that you discuss the use of copyright by not only teachers, but students as well. As educators we are required to review copyright guidelines once every school year. I'm not sure we give the same update to our students. Reminding students that merely "copying and pasting" can be copyright infringement is but one step in the process.
Again, thank you for the time and detail you put into your post. I enjoyed reading your work.
Barry,
ReplyDeleteVery catchy intro to your blog. “Happy Birthday” copyrighted? Who would have thought? So, of course, I had to do some checking on my own, and, indeed, it does appear to be true. In fact, according to a Snopes.com article, the song brings in about $2 million in royalties per year (2007).
I like the way you present your information in categorical lists. Clear, concise, efficient. It would make a good handout for students – and staff.
Interestingly, a teacher asked me just last week if I could convert some VHS tapes to DVDs as she no longer has a working VHS system in her classroom. She was surprised to learn that was a copyright violation. Fortunately, the DVDs she wants are reasonably priced, and I have the budget, so I’m ordering them for her. Eventually, all VHS will go the way of Beta and 8-track, but the transition will take time. And it’s not always economically feasible or even possible. I had a similar request last year, to convert a specific version of a Spanish-language movie from VHS to DVD. I explained why I couldn’t do it and tried to locate a copy in DVD format. Unfortunately, none seems to exist. There are some older, orphan resources that lack sufficient demand for a DVD market to exist.
It’s a complex and complicated issue to be sure. Thanks for shedding some light on the issue.
Liz
Happy Birthday, We’ll Sue. (2007, April 27). Snopes.com. Retrieved from http://www.snopes.com/music/songs/birthday.asp
Wow, Barry, you did a superb job at covering all the different copyrighting topics. I had no idea that the song, Happy Birthday,falls under the copyright laws. I always get a little nervous when I use images and songs as part of my lessons. However, I think I'm protected as an educator under the Fair Use act.
ReplyDeleteCopyright is an issue that all media specialists encounter. It truly is amazing the different mediums that are now subject to copyright violation. A media specialist must be aware of all of the laws regarding copyright protection of all these different mediums. The different little stipulations tied to each type of material would be difficult to remember. A media specialist would have to keep a reference handy for these types of things, and update it often as well as laws and guidelines change. This is especially true of materials that are designed for instructional use. Teachers and media specialists need to be aware of how many copies of printed material are allowed, how to reference different resources, and when it is ok to copy class sets.
ReplyDeleteBarry,
ReplyDeleteThat is really interesting about the "Happy Birthday" song. That would be a great way to start off teaching students about copyright. Sometimes things are so ingrained in us at an early age that we don't even question it's use. It would really teach them to be skeptical. :)
For me, this is an area of media that I am not as confident in as with others. I am very likely to shoot off an email or call a couple of friends in the profession to double check and make sure I'm right.
Great job!
I like to read this post. Developpement licensing & Qu’est ce que le licensing?
ReplyDelete