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Copyright chaos student_version

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What are some issues regarding copyright and student understanding about appropriate academic citation?

What are some issues regarding copyright and student understanding about appropriate academic citation?

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    Copyright chaos student_version Copyright chaos student_version Presentation Transcript

    • Presentation created for the Intel Teach to the Future program by Judi Edman Yost Institute of Computer Technology© 1999 Intel. All rights reserved.
    • What is plagiarism • Attempt to pass off another person’s words or ideas as one’s own© 1999 Intel. All rights reserved.
    • What is Copyright? • “The exclusive right to produce or reproduce (copy), to perform in public, or to publish an original literary or artistic work.” Duhaimes Law Dictionary • Almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.© 1999 Intel. All rights reserved.
    • © 1999 Intel. All rights reserved.
    • What is “fair use”? The fair use of a copyrighted work for purposes of…teaching (including multiple copies for classroom use)…is not an infringement of copyright.”© 1999 Intel. All rights reserved.
    • © 1999 Intel. All rights reserved.
    • 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.© 1999 Intel. All rights reserved.
    • 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.© 1999 Intel. All rights reserved.
    • Limitations on Size/Portions• 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.© 1999 Intel. All rights reserved.
    • Limitations on Size/Portions 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© 1999 Intel. All rights reserved.
    • Limitations on Size/Portions • 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.© 1999 Intel. All rights reserved.
    • Copying and Distribution Limitations• Including the original, only a limited number of copies may be made of a project: – Two use copies, one of which may be placed on reserve. – An additional copy for preservation to be used or copied only to replace a use copy that has been lost, stolen, or damaged. – For jointly created projects, each principal creator may retain one copy but only as permitted by use and time restraints previously outlined.© 1999 Intel. All rights reserved.
    • 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© 1999 Intel. All rights reserved.
    • Future Uses Beyond Fair Use If there is a possibility that a project could result in broader dissemination [for instance, publication on the Internet], whether or not as a commercial product, individuals should take steps to obtain permissions during the development process rather than waiting until after completion of the project.© 1999 Intel. All rights reserved.
    • 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.© 1999 Intel. All rights reserved.
    • 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.© 1999 Intel. All rights reserved.
    • 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.© 1999 Intel. All rights reserved.
    • 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.© 1999 Intel. All rights reserved.
    • Penalties • For the unauthorized use and copying of software, penalties include: – Statutory damages up to $100,000 per infringed work where the court finds there was willful infringement. – And if guilty under the criminal sections of the law: • Up to one year imprisonment and/or • Fines up to $25,000© 1999 Intel. All rights reserved.
    • Penalties • For the unauthorized reproduction or distribution of 10 or more copies of software with a total retail value of $2500, penalties include: – Imprisonment for up to six years, and/or – Fines up to $250,000 • Under the NET Act, signed into law on December 16, 1997, a person who willfully infringes on copyrighted material worth at least $1,000 could be subject to criminal prosecution, even if he/she does not profit from the activity.© 1999 Intel. All rights reserved.
    • © 1999 Intel. All rights reserved.
    • Can you correctly identify fair use in the following Scenarios? Following scenarios are compliments of Board of Regents of University System of Georgia http://www.usg.edu/admin/legal/copyright/© 1999 Intel. All rights reserved.
    • 1. Journal Article for Classroom Use • SCENARIO E: A professor copies one article from a periodical for distribution to the class. • QUESTION: Is this fair use? • ANSWER: Yes. Distribution of multiple copies for classroom use is a fair use.© 1999 Intel. All rights reserved.
    • 1. Showing a Videotape for Classroom Instruction • SCENARIO J: A teacher wishes to show a copyrighted motion picture to her class for instructional purposes. • QUESTION: Is this a fair use? • ANSWER: Yes. It is fair use since it is for classroom instruction and no admission fee is charged. Tuition and course fees do not constitute admission fees.© 1999 Intel. All rights reserved.
    • 2. Copying a Videotape for Classroom Instruction • SCENARIO K: A teacher makes a copy of the videotape described in SCENARIO J for a colleague to show in her class at the same time. QUESTION: May she do so? • ANSWER: No. This is not a fair use. The teacher may lend her personal copy of the videotape to a colleague for this purpose.© 1999 Intel. All rights reserved.
    • 3. Renting a Videotape That Is in the Public Domain for Nonclassroom Use • SCENARIO L: A professor wishes to raise funds for a scholarship. She rents a copyrighted videocassette of a motion picture and charges admission fees. • QUESTION: May she do so? • ANSWER: No. This is not a fair use because it infringes the copyright owners right to market the work.© 1999 Intel. All rights reserved.
    • 1. Classroom Presentation • SCENARIO N: A teacher or student prepares and gives a presentation that displays photographs. Permission was not obtained to use the photographs. • QUESTION: Can the photographs be included in the initial presentation, if it is in a traditional classroom? • ANSWER: Yes. The copyright fair use provision explicitly provides for classroom use of copyrighted material. Instructors and students may perform and display their own educational projects or presentations for instruction.© 1999 Intel. All rights reserved.
    • 3. Broadcast of Classroom Presentation to Home or Office • QUESTION: What if the presentation discussed in SCENARIO N is broadcast to students at their homes or offices? Would such use be a fair use? • ANSWER: Yes. This use would be considered fair use if the individuals are enrolled in a course and viewing the presentation for purposes of criticism, comment, teaching or instruction, scholarship, or research.© 1999 Intel. All rights reserved.
    • 6. Incorporation of Photographs in an Electronic Presentation (Excluding the Internet) • QUESTION: What if the SCENARIO N presentation is included in an electronic presentation such as Microsofts Power Point? • ANSWER: Yes. This should be considered fair use as long as the electronic presentation is for educational or instructional use.© 1999 Intel. All rights reserved.
    • 8. Use of Copyrighted Music • SCENARIO O: A teacher or student creates a presentation and incorporates copyrighted music into the background. Assume that permission was not obtained to use the music for the presentation. • QUESTION: Can the music be included in the teachers or students initial presentation? • ANSWER: Yes. This is fair use if instruction is occurring.© 1999 Intel. All rights reserved.
    • 13. Use of Music as Content in a Classroom Presentation • SCENARIO Q: A professor teaches an opera course, and the professor creates a presentation. The presentation contains the works of ten contemporary artists and is presented to a new class every semester. • QUESTION: Is this a fair use? • ANSWER: Yes, as long as the use of the presentation continues to be for instruction.© 1999 Intel. All rights reserved.
    • 14. Use of Music in Classroom Presentations on the Internet • QUESTION: The opera classroom presentation (SCENARIO Q) or the presentation containing background music (SCENARIO O) is placed on the Internet? Is this a fair use? • ANSWER: Depends. This would be fair use so long as access is restricted, e.g., by use of a password or PIN or other means.© 1999 Intel. All rights reserved.
    • 6. Student Project for Distribution on the Internet • SCENARIO T: A student is taking a distance learning class in which the instructor has required that a particular assignment be created for unlimited distribution on the Web. • QUESTION: If a student includes an audio segment of copyrighted music (video, news broadcast, non- dramatic literary work), is this a fair use? • ANSWER: No. Since the teacher specifically stated that the project is being created for distribution over the Web, this is not a fair use of any of the listed copyrighted materials and permission should be obtained.© 1999 Intel. All rights reserved.
    • This presentation is copyrighted by Intel. However, it may be used, with copyright notices intact, for not-for-profit, educational purposes. *This is a condensed and modified version of the original presentation.© 1999 Intel. All rights reserved.