Copyright Chaos An Educator's Guide to Copyright Law and “Fair Use” Presentation created for the Intel ® Teach Program Essentials Course
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.
Items Not Copyrighted
Examples of what are not protected by copyright law
Works that have not been written or recorded
Ideas, procedures, methods, discoveries, etc. as distinguished from a description, explanation, or illustration
Works consisting entirely of common information or compilations (for example: standard calendars, tape measures and rulers, telephone book, etc.)
Items in the public domain (all works created before 1923 and most between 1923-1963)
Most U.S. government materials (some items created by contractors for the government might be copyrighted)
Fair Use Clause
Fair use is a part of the United States Copyright law. It allows people to use and make copies of copyrighted works if they are using them for:
(Sec. 107 of the Fair Use Provision of the Copyright Act)
Four Factors Help Determine Fair Use
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
You must be using it for educational use, not just using it in a school environment
The nature of the copyrighted work
Fair use applies more narrowly to highly creative works—in comparison to those that are mostly fact-based in nature
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Consideration of quantity & quality...using only what is necessary and not the “heart” of the work
The effect of the use upon the potential market for or value of the copyrighted work
The copying should not harm the market for the original work
Copying materials from “consumables,” such as workbooks, weigh heavily against fair use
Fair Use Guidelines
The Fair Use Guidelines for Educational Multimedia was created to provide guidance on what actually falls within fair use
However, it is
Not a legal document
Only an interpretation of the law
Only applies to educators who produce multimedia
Guidelines for Students
Students and educators have separate guidelines.
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.
Incorporate portions of lawfully acquired copyrighted works when producing educational multimedia projects to support their teaching needs
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
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.
Guidelines In Order to Stay Within Fair Use Of the copyrighted work, use the smallest amount of: 10% of 2500 fields or cells Numerical Data Sets 5 images from one author; Not more than 10% or 15 images from a single published collected work Photos & Illustrations 10% or 30 seconds Music, Lyrics, Video 250 words; no more than 3 poems by same author; no more than five poems from any single anthology Poetry 10% or 1000 words Text 10% or 3 minutes Motion Media
Attribution and Acknowledgement
Credit your sources and display the copyright notice
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.
Sample permission letters are available on the Curriculum Resource CD
Resources folder, Copyright Resources
Permission letters to copyright owners
Permission letters to parents to publish student work
An example letter to use in this course
Remember... these are guidelines, not laws.
However, 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!
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
Load the software your school purchased onto your computer at home
Resources For Copyright and Fair Use
Additional resources to help you and your students understand and follow copyright law and fair use guidelines are located in the Resources, Copyright Resources folder on the Curriculum Resource CD.
“ Fair Use Guidelines For Educational Multimedia” Prepared by the Educational Multimedia Fair Use Guidelines Development Committee, July 17, 1996 www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm
“ Fair Use Of Copyrighted Materials” by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm
“ Copyright Basics” by the U.S. Copyright Office www.copyright.gov/circs/circ1.html
“ The Copyright Website” by Benedict O’Mahoney www.benedict.com
“ Copyright Law in the Electronic Environment” by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/faculty.htm
“ 10 Big Myths about Copyright Explained” by Brad Templeton www.templetons.com/brad/copymyths.html
“ Duhaime's Legal Dictionary” by Lloyd Duhaime www.duhaime.org/diction.htm
“ Copyright Term and the Public Domain in the United States” by Peter B. Hirtle, Cornell Institute for Digital Collection www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
“ Rules Of Thumb For Digitizing And Using Others' Works In Multimedia Materials For Educational Purposes ” by Georgia Harper, University of Texas www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#mm
“ Rules Of Thumb For Coursepacks ” by Georgia Harper, University of Texas www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#course
“ A Proposal For Educational Fair Use Guidelines For Digital Images” by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm
List of Links to Other Copyright Sites by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/offsite.htm
“ Fair Use Guidelines for Multimedia” by Intel ® Education www.intel.com/education/newtotech/fair_use_multimedia.htm
Information on Software Copyright
“ Fact Sheet on School Software Use” by Software & Information Industry Association (SIIA) www.siia.net/piracy/pubs/SchoolSoftwareUse.pdf
“ Digital Anarchy: Part One of an Analysis of Software Piracy” by David Laprad www.avault.com/articles/getarticle.asp?name=warez1&page=1
“ The Federation Against Software Theft (FAST)” (United Kingdom organization) www.fast.org.uk
“ Anti-Piracy FAQ” by Software & Information Industry Association (SIIA) www.siia.net/piracy/faq.asp
“ Permissible Copying of Software” by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/mono2.htm
Use of this Presentation
This presentation is copyrighted by Intel.
It may be used, with copyright notices intact, for not-for-profit, educational purposes.