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Copyright chaos __abridged Copyright chaos __abridged Presentation Transcript

  • Presentation created for the Intel ® Teach to the Future program by Judi Edman Yost Institute of Computer Technology Copyright Chaos An Educator's Guide to Copyright Law and "Fair Use"
  • What is Copyright?
    • “ The exclusive right to produce or reproduce (copy), to perform in public, or to publish an original literary or artistic work.” Duhaime's Law Dictionary
    • Almost everything created privately and originally after March 1, 1989 is copyrighted and protected whether it has a notice or not.
    ©
  • How Long Does Copyright Last?
    • Anything created after January 1, 1978 is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death.
    • For works made for hire (e.g., copyright held by companies), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
    Click for Details
  • 70 years after death of author; or if work of corporate authorship, either 95 years from publication or 120 years from creation, whichever is shorter None (no copyright notice needs to appear) After March 1, 1989 95 years after publication date Published with copyright notice Between 1964 and 1978 95 years after publication date Published with copyright notice and was renewed Between 1923 and 1963 Now in public domain (85% of copyrights were not renewed) Published with copyright notice, but not renewed Between 1923 and 1963 Now in public domain Published without copyright notice, and no subsequent registration Between 1978 and March 1, 1989 Now in public domain  Published without a copyright notice Between 1923 and 1978 Now in public domain  None Before 1923 Public Domain Status Conditions Published
  • What is not copyrighted?
    • Works that have not been fixed in a tangible form of expression (have not been written or recorded)
    • Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
    • Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, etc.)
  • What is not copyrighted?
    • Logical, comprehensive compilations (such as the telephone book)
    • Materials or reprints of materials in the public domain (all prior to 1923; most between 1923-1963; additional information at http://www.unc.edu/~unclng/public-d.htm )
    • Most U.S. government materials (some items created by contractors for the government might be copyrighted)
    • Facts
  • However... Educators get a break with a "fair use" clause
  • What is “fair use”?
    • Sec. 107 of the Fair Use Provision of the Copyright Act states:
    • “ Limitations on exclusive right: Fair use. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
  • There are four factors that will help determine whether using a copyrighted work without permission is "fair use."
    • “In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
      • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes... ”
    A multimedia project that uses copyrighted material is more likely to fall under "fair use" if it is for non-profit, educational purposes
    • “ In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
      • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes ;
      • the nature of the copyrighted work;
    Some original works are more worthy of copyright protection than others... Interpretation of Facts vs. Creative
    • “ In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
      • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes ;
      • the nature of the copyrighted work;
      • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    Consideration of quantity & quality... using only what is "necessary"
    • “ In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
      • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes ;
      • the nature of the copyrighted work;
      • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
      • the effect of the use upon the potential market for or value of the copyrighted work.”
    Does the copying harm the market for the original work? Is the original creator losing potential money?
  • So it would seem that it’s “fair use” if…
    • The copying is for educational use;
    • The original material is mainly facts, lacks originality, and is published;
    • You use portions to make your point, not whole sections; and
    • You’re not taking potential sales away from the original
      • You’re not providing copies just so your school doesn’t have to pay for the books (or original source materials).
  • Seems simple…right?
    • Not exactly…
    • So between 1992-1994, a group of publishers and educators gathered to agree to more specific guidelines so educators won’t be sued for copyright infringement when they were thinking their copying was “fair use.”
  • The result was... Fair Use Guidelines for Educational Multimedia
  • Fair Use Guidelines for Educational Multimedia
    • The Fair Use Guidelines for Educational Multimedia is not a legal document, but only an interpretation of the Copyright Act of 1976 by CONFU, a group of educational users and copyright owners.
  • Fair Use Guidelines for Educational Multimedia
    • Although the guidelines have no legal binding, on Sept. 27, 1996, Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, U. S. House of Representatives issued a non-legislative report acknowledging the guidelines.
    • The Fair Use Guidelines for Educational Multimedia only applies to educators who produce multimedia.
  • So what are these guidelines?
  • Students & Educators have Separate Guidelines
    • Students may:
      • incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course;
      • perform and display their own projects in the course for which they were created; and
      • retain them in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.
  • Educator Guidelines
    • Educators may:
      • Incorporate portions of lawfully acquired copyrighted works when producing educational multimedia projects to support their teaching needs; and
      • Present their projects in the following situations:
        • Face-to-face instruction,
        • Assigned to students for directed self-study,
        • Remote instruction (with limitations).
  • Educator Guidelines
    • Educators may retain their projects indefinitely for the following purposes:
      • To perform or display in presentations to their peers, for example, at workshops and conferences
      • To retain in their personal portfolios for personal uses such as promotion or job interviews
  • Educator Guidelines
    • Educators may use their projects for teaching, for a period of up to two years after the first instructional use with a class.
    • Instructional use beyond that time period requires permission for each copyrighted portion incorporated in the production.
    2 Year Limitation
  • Limitations on Size/Portions for both Educators and Students*
    • Motion Media
      • Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work.
    • Text Material
      • Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text.
    *Although all students are to be given instruction on appropriate use, it is understood that students in kindergarten through grade six may not be able to adhere to these limitations.
    • Text Material - Poems
      • An entire poem of less than 250 words,
      • but no more than three poems by one poet,
      • or five poems by different poets from any single anthology.
    • In poems of greater length:
      • up to 250 words,
      • but no more than three excerpts by a single poet,
      • or five excerpts by different poets from a single anthology.
    Limitations on Size/Portions for both Educators and Students* *Although all students are to be given instruction on appropriate use, it is understood that students in kindergarten through grade six may not be able to adhere to these limitations. Poetry
    • Music, Lyrics, and Music Video
      • Up to 10%
      • but no more than 30 seconds of music and lyrics from a single musical work
      • Any alterations to a musical work shall not change the basic melody or the fundamental character of the work
    Limitations on Size/Portions for both Educators and Students* *Although all students are to be given instruction on appropriate use, it is understood that students in kindergarten through grade six may not be able to adhere to these limitations.
    • Illustrations and Photographs:
      • A photograph or illustration may be used in its entirety.
      • No more than 5 images by an artist or photographer.
      • Not more than 10% or 15 images, whichever is less, from a single published collected work.
    Limitations on Size/Portions for both Educators and Students* *Although all students are to be given instruction on appropriate use, it is understood that students in kindergarten through grade six may not be able to adhere to these limitations.
    • Numerical Data Sets
      • Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table.
    Limitations on Size/Portions for both Educators and Students* *Although all students are to be given instruction on appropriate use, it is understood that students in kindergarten through grade six may not be able to adhere to these limitations.
  • Copying and Distribution Limitations
    • Including the original, only a limited number of copies may be made of a project:
      • Two use copies
      • An additional copy for preservation
      • Each principal creator may retain one copy
  • Attribution & Acknowledgement
    • Credit the sources and display the copyright notice © and copyright ownership information for all incorporated works including those prepared under fair use.
    • Copyright ownership information includes:
      • © (the copyright notice)
      • year of first publication
      • name of the copyright holder
        • e.g., © 2001 Company/Person’s Name
    ©
  • Attribution & Acknowledgement
    • Crediting the source:
      • Give a full bibliographic description where available (including author, title, publisher, and place and date of publication).
    • The credit and copyright notice information may be combined in on a separate page/slide…Except for images:
      • Copyright notice and the name of the creator must be incorporated into the image so that it appears on the screen when the image is viewed.
  • Notice of Use Restrictions
    • The opening screen of a program and any accompanying print material must include a notice that:
      • Certain materials are included under the fair use exemption of the U.S. Copyright Law;
      • Materials are included in accordance with the multimedia fair use guidelines; and
      • Materials are restricted from further use.
  • Future Uses Beyond Fair Use
    • If there is a possibility that a project could result in broader dissemination [for instance, publication on the Internet]:
    • obtain permissions when you create
    • it, rather than waiting.
  • Obtaining Permission When You Need it
    • Sample permission letters are available on the Program CD-ROM under
    • Resources > Copyright Resources
      • Permission letters to copyright owners
      • Permission letters to parents to publish student work
      • An example letter to use in this training
  • Remember...
    • These are guidelines, not laws.
    • If you feel that any of these guidelines are too restrictive and you want to follow your own “instincts” about what is “fair use,” you are free to do so (within your district guidelines, of course).
    • However, realize that the further you venture from these guidelines, the more likely you are to be outside of “fair use.”
  • What About Software?
    • Use of software does not fall under fair use!
    • Public or private educational institutions are not exempt from the software copyright laws.
    • When you purchase software, you are only purchasing a license to use the software – you don’t own it.
  • But I can make copies for my own use…right?
    • Anyone who purchases a license for a single copy of software has the right to load it onto a single computer and to make another copy "for archival purposes only."
    • Any other use than “archival” must be approved by the copyright owner.
  • Unless you have specific permission from the copyright owner…
    • It is illegal to
    • Purchase a single user license and load it onto multiple computers or a server,
    • Download copyrighted software from the Internet or bulletin boards, or
    • Load the software your school purchased onto your computer at home.
  • What About Shareware?
    • Shareware is software that is passed out freely for evaluation purposes only.
    • You are allowed to try it out before you pay for it.
    • Evaluation time is usually 30 days.
    • If you wish to keep the software program, then you must pay to keep your evaluation copy.
    • Shareware is often fairly inexpensive.
  • Freeware is Free…Right?
    • Freeware is also covered by copyright laws and subject to the conditions defined by the holder of the copyright.
      • You can distribute freeware, but not make any money on it.
      • You can modify and build other software programs based on the freeware, but those “new” programs cannot be sold for profit.
  • Only Public Domain Software is Truly “Free”
    • Copyright rights have been relinquished.
    • There are no distribution restrictions.
    • You can modify the original software and build new software.
    • You can sell your modified software.
  • Copyright is now perfectly clear... Right?
  • Sources Consulted and For More Information...
    • “ Fair Use Guidelines For Educational Multimedia”
    • Prepared by the Educational Multimedia Fair Use Guidelines Development Committee, July 17, 1996 http:// www.libraries.psu.edu/mtss/fairuse/guidelinedoc.html
    • “ Fair Use Of Copyrighted Materials” by Georgia Harper, University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm
  • Sources Consulted and For More Information...
    • “ Copyright Basics” by the U.S. Copyright Office http://www.loc.gov/copyright/circs/circ1.html
    • “ Fair Use Guidelines For Educational Multimedia: Background and Summary” by Chris Dalziel http:// www.libraries.psu.edu/mtss/fairuse/dalziel.html
    • “ The Copyright Website” by Benedict O’Mahoney http://www.benedict.com/
    • “ Copyright Law in the Electronic Environment” by Georgia Harper, University of Texas http:// www.utsystem.edu/OGC/IntellectualProperty /faculty.htm
  • Sources Consulted and For More Information...
    • “ Highlights of the Fair Use Guidelines for Educational Multimedia” by Stan Diamond and deg farrelly http:// www.libraries.psu.edu/mtss/fairuse/fairhigh.html
    • “ 10 Big Myths about Copyright Explained” by Brad Templeton http://www.templetons.com/brad/copymyths.html
    • “ Duhaime's Law Dictionary” by Lloyd Duhaime http://www.duhaime.org/diction.htm
    • “ When Works Pass Into the Public Domain in the United States” by Cornell Institute for Digital Collections http://cidc.library.cornell.edu/copyright/
  • Other Resources
    • “ Rules Of Thumb For Digitizing And Using Others' Works In Multimedia Materials For Educational Purposes ” by Georgia Harper, University of Texas http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#mm
    • “ Rules Of Thumb For Coursepacks ” by Georgia Harper, University of Texas http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#course
    • “ A Proposal For Educational Fair Use Guidelines For Digital Images” by Georgia Harper, University of Texas http:// www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm
  • Other Resources
    • And if you still can’t get enough of this subject, check out other sites at:
    • List of Links to Other Copyright Sites by Georgia Harper, University of Texas http:// www.utsystem.edu/OGC/IntellectualProperty/offsite.htm
  • Information on Software Copyright
    • “ Software Use and the Law” by Software & Information Industry Association (SIIA) http:// www.spa.org/piracy/programs/sftuse.htm#use
    • “ Digital Anarchy: Part One of an Analysis of Software Piracy” by David Laprad http://www.avault.com/articles/warez1_1.asp
    • “ The Federation Against Software Theft (FAST)” (United Kingdom organization) http:// www.fast.org.uk /
  • Information on Software Copyright
    • “ Questions and Answers about Software Piracy” by Software & Information Industry Association (SIIA) http://www.spa.org/piracy/programs/Q&a.htm
    • “ Commercial, Shareware, Freeware & Public Domain Software” by SIIA http:// www.spa.org/piracy/programs/share.htm#shareware
    • “ Permissible Copying of Software” by Georgia Harper, University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/mono2.htm
  • This presentation is copyrighted by Intel. However, it may be used, with copyright notices intact, for not-for-profit, educational purposes.