Understanding Copyright Issues
with regard to
Lesson Plans and Curriculum

A brief article by Neil MacQueen for www.rotation.org
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Copyrights don't protect good ideas.

...They only protect the author's unique description of that good idea.

Copyrights don't protect art lesson project ideas, video suggestions, or things like general questions to ask kids about a story.

...They only protect the author's unique wording of those lesson elements.

A lot of authors don't understand this. But the fact is that anyone is welcome to borrow an author's idea for a lesson plan as long as they take the idea and describe it in their own way, not the author's way.

Thus, if you see a lesson that suggests you use a certain video, software, art project or game, you can take that basic idea and rewrite it in your own unique way. However, IF you copy word for word the author's description, or borrow a substantial part of their work word for word, even though it is rather plain, you are infringing upon their copyright and that's wrong.

Changing a few words here and there to "make it your own" is a violation of their copyright as well as being rude. The Law requires that you put something of your own substantial spin on the material. What constitutes "your own spin" is purposely left ambiguous by the law. Generally, if it smells like a skunk, it is a skunk.

It is considered GOOD FORM to cite your source, EVEN IF you are making someone else' idea your own. For example, if you want to write your own article about copyrights based on this one, you should ask for permission to quote me or at least cite me as the source for some of your material.

If you like the author's description and want to include it in your lesson, and it is a substantial part of the lesson, you should consider EXCERPTING only a portion of the author's description -enough to convey how good the material is, and then placing a "for further details consult the author's book: 101 Great Lessons with Fur Balls, (Presbyterian Publishing, 2005)." If it is found on the web and you're publishing on the web through rotation.org, provide a courtesy link.

In general...the more you excerpt or borrow, the more you may be infringing on the author's copyright.

fyi...you need not file paperwork to have your material copyrighted. Copyrights exist the moment the copy is created. You just need to be able to prove that your work came first.

Trademarks are another thing... A trademark is a special phrase or combination of words that describe a product. Plenty of companies can create cola drinks, but only one has right to use the phrase "Coca-Cola."

Workshop Rotation and Rotation Model are trademarked. The owners of the trademark give permission to any group to use these phrases for non-commercial purposes only. A publisher must seek permission to use these trademarks. Some have.

Copyrights do NOT restrict teachers from using Blockbust videotapes in their classroom.

Contrary to the FBI warnings and bad information, Federal Copyright Law specifically provides for the use of copyrighted videos in "face to face educational settings." Even the Motion Picture Association of America's website says so, and they are the ones who issue site licenses to schools and churches. You DO need one if you're going to show The Ten Commandments at a lock-in, but don't if you'll be using it in a classroom.

 For my extended article that has links to the MPAA, Federal Copyright statutes, and expert legal opinions, go to http://www.sundaysoftware.com/copyright.htm