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  • Reproduction - making copies Adaptation - making changes Publication - presenting to public Performance - presenting to public Display - presenting to public
  • Synopsis from Carol Simpson’s book, Copyright for Schools: A Practical Guide, 4 th Ed. Purpose and Character of Use Nonprofit use Criticism, commentary, new reporting Nature of work Factual or creative Published or not published Amount of work used Essence of work Effect of use on market for or value of use Commercial use – transfer of money Sale of yearbooks, band concert videos, t-shirt with cartoon characters Misrepresentation – making it look like it’s yours What would happen if everyone did what you are doing? – cumulative effect
  • Violation Access or boot file is part of the program and there is no brevity provision in fair use for computer software
  • Violation Access or boot file is part of the program and there is no brevity provision in fair use for computer software

Transcript

  • 1. Copyright or Wrong? John Brim Instructional Technology Division North Carolina Department of Public Instruction
  • 2. Why Care?
    • Law, curriculum, ethics
  • 3. Federal Law
    • United States Constitution, Article I, Section 8
    • The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
    • Federal Law Title 17, U.S. Code
  • 4. Curriculum – NC SCOS
    • Computer skills
    • Information skills
    • Language Arts
    • 21 st Century Skills
  • 5. Ethics
    • What are we teaching?
    • Modeling behavior
  • 6. Scenario – Online Pictures You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation.
  • 7. Copyright Review
  • 8. Scope of Copyright - Six Fundamental Rights
    • Reproduction
    • Adaptation
    • Publication
    • Performance
    • Display
    • Digital transmission
  • 9. Fair Use
    • Sets limitations on rights of copyright holders
    • Guidelines not absolute
  • 10. Fair Use Conditions
    • Non-profit educational institutions or homebound instruction
    • Face-to-face instruction – students and teachers
    • Support of curricular objectives
    • Legally obtained
  • 11. Teachers
    • Educators may use their own multimedia presentations to teach in-service classes, for presentations at faculty meetings, workshops, and conferences.
      • Becker, Gary H. Copyright: A Guide to Information and Resources . 3 rd Ed. Lake Mary, 2003. 58-59.
  • 12. Fair Use Factors/Test
    • Purpose and character of use
    • Nature of copyrighted work
    • Amount copied
    • Cumulative effect of use
  • 13. Scenario – Online Pictures You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation. Is this a copyright violation?
  • 14. Internet
    • Assume everything is copyrighted
    • Use existing guidelines for appropriate media format
  • 15. Multimedia Citation
    • Copyright statement
    • Credit the sources
    • Display copyright notice ©
  • 16. Pictures
    • Used in its entirety
    • No more than 5 images per artist
    • No more than 10% or 5 images
  • 17. Scenario – Photocopying You make a copy of an article for everyone in your workshop session. Is this a copyright violation?
  • 18. Photocopying
    • You can make a single copy of:
      • book chapter
      • magazine or newspaper article
      • picture from a book, magazine, or newspaper
  • 19. Conditions
    • May not exceed one per participant
    • Spontaneous
  • 20. Conditions
    • For scholarly research
    • Use in teaching or preparation
  • 21. Photocopying
    • Multiple copies for the classroom of:
      • poem of less than 250 words
      • complete article, story, or essay less than 2,500 words
  • 22. Photocopying
    • Multiple copies of:
      • an excerpt from larger work up to 1,000 words or 10% whichever is less
      • one graphic or picture per book or issue
  • 23. Photocopying
    • Multiple copies of:
      • combinations of prose, poetry, and illustrations up to 10% of total
      • must bear copyright notice
  • 24. Scenario – The Presentation
    • You are presenting at a conference using PowerPoint. You include quotes, photographs,
    • music, and videos.
    Is this a copyright violation?
  • 25. Text
    • Up to 10% or 1000 words, whichever is less
  • 26. Issue - Pictures
    • Up to 5 or 10% of images from single artist
    • Up to 15 images from a collection
  • 27. Issue - Music
    • 10% but no more than 30 seconds
  • 28. Video
    • 10% of motion media or 3 minutes, whichever is less
  • 29. Scenario – The Publication
    • You publish guidelines and distribute them statewide.
    • You used copyrighted text passages and graphics.
    Is this a copyright violation?
  • 30. Probably
    • Publication is a fundamental right
    • Ask for and get permission
  • 31. Scenario - Web sites
    • You create a Web site and add a popular cartoon character for humor
    Is this a copyright violation?
  • 32. Probably
    • Posting on the Internet is publication
    • Cartoon characters are highly creative works
    • Ask for and get permission
  • 33.
    • Citations www.ncwiseowl.org/reference/citations.htm
    • http://citationmachine.net/
    • Copyright handout
    • John Brim
    • 919-807-3288
    • [email_address]
    • In compliance with federal law, including the provisions of Title IX of the Education Amendments of 1972, N C Public Schools administers all state-operated educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender, except where exemption is appropriate and allowed by law.