A must-read for teachers Understanding Copyright in Classes

Chapter 2

Copyright in Classes

section

01

Classes and copyrighted works

This section describes the requirements for dealing with third-party copyrighted works in classes, the definitions of terms, and the flow for dealing with copyrighted works in classes.

Copyrighted Works in Classes

Sumiki

What are some of the situations in which you deal with third-party copyrighted works in your classes?

Konaka

Use of text or illustrations in print or ...

Daiin

I sometimes use them in the slides I show in my class. I also use the LMS (Learning Management System) to distribute materials.

Sumiki

Dr. Konaka also writes on the board and reads to the students, right?

Konaka

Oh, is that related to copyright too?

Sumiki

Writing on the board is related to reproduction rights, reading publicly is subject to recitation rights, and distributing materials in the LMS involves reproduction and public transmission rights.

Daiin

In "Chapter 1 Section 04 What is Copyright?" we were told that viewing and operating a website is a public communication.

Sumiki

We have that, too. Also, there are times when we play videos in classes, and that involves on-screen presentation rights.

Konaka

So, copyright involves many different rights.

In "Chapter 1, Section 04 What is Copyright?" we talked about available copyrighted works and limitations of rights. When handling a third party's copyrighted work in classes, it is necessary to confirm as shown in the "flow chart for handling copyrighted works in classes" below.

[Flow chart for dealing with copyrighted works in classes.]
If it is a copyrighted work, it can be used if it is in the public domain or if a license (like Creative Commons, with specific terms of use) allows it. If it is not allowed, check if any statutory limitations apply (Articles 30 to 47-5). If applicable, the copyrighted work can be used. If not applicable, decide whether to obtain permission or to give up its use.

There are many provisions limiting rights, but in the classroom, it is recommended to keep in mind "Citation (Article 32(1))", "Reproduction, etc. in schools and other educational institutions (Article 35)", and "Non-profit on-screen presentation, etc. (Article 38)".

Article 38 can apply to many cases like the previous examples such as reading to a class or showing a video.

We explain Articles 32 and 35 in more detail in the following sections.