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  • 1. Copyright Chaos An Educator's Guide to Copyright Law and “Fair Use” Presentation created for the Intel ® Teach Program Essentials Course
  • 2. Copyright
    • 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.
  • 3. 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)
        • Facts
  • 4. 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:
      • Criticism
      • Comment
      • News reporting
      • Teaching
      • Scholarship
      • Research
      • (Sec. 107 of the Fair Use Provision of the Copyright Act)
  • 5. 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
  • 6. 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
  • 7. Guidelines for Students
    • Students and 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.
  • 8. Educator Guidelines
    • Educators may:
      • 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.
  • 9. 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
  • 10. Attribution and Acknowledgement
      • Credit your sources and display the copyright notice
      • © and copyright ownership information.
      • Crediting the source:
        • Give a full bibliographic description with the information that is available (including author, title, publisher, and place and date of publication).
      • Display copyright notice:
        • Under pictures, add the copyright ownership information:
          • © (the copyright notice)
          • year of first publication
          • name of the copyright holder
            • Example: © 2001 Company/Person’s Name
  • 11. 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.
      • 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
  • 12. Guidelines
      • 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.”
  • 13. Software Copyright
      • 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
  • 14. Resources For Copyright and Fair Use
  • 15. Resources
      • 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
  • 16. Resources
      • “ 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
  • 17. Resources
      • “ 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
  • 18. 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
  • 19. Use of this Presentation
      • This presentation is copyrighted by Intel.
        • It may be used, with copyright notices intact, for not-for-profit, educational purposes.
  • 20. Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation.  Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel  Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries.  *Other names and brands may be claimed as the property of others.