Copyright and fair use

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Copyright and fair use for educators.

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  • Only the owner can copy distribute perform display or make a derivative work. And not very much for not very long.
  • in a nutshell... it for educational purpose does not equal fair use. 10% is not always fair. out of print doesn ’ t mean out of copyright. www is not public domain.
  • Campbell vs. Acuff-Rose, Everyready vs. Adolph Coors, Liebovitz vs. naked gun In general, "parody" is a work that takes some of the original work and comments on the original work, usually in a satirical manner. The creator of the original work may not like it, but it is fair use, even if done for profit.
  • Copyright and fair use

    1. 1. Copyright/Fair Use Guidelines for Educators"Certain materials are included under the fair use exemptionof the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use."
    2. 2. 6.3 Notice of Use RestrictionsEducators and students are advised that they mustinclude on the opening screen of their multimedia program and any accompanying print material a notice that says: "Certain materials are included under the fair use exemption of the U.S. Copyright Law and havebeen prepared according to the multimedia fair use guidelines and are restricted from further use."
    3. 3. What is Copyright? The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.The purpose of these guidelines is to provide guidance on the application of fair use principles by educators,scholars and students who develop multimedia projects using portions of copyrighted works under fair use rather than by seeking authorization for non- commercial educational uses.
    4. 4. Disclaimer: These guidelines are not legally binding. They represent an agreed uponinterpretation of the fair use provisions of the Copyright Act. Only the courts can decide whether a particular use of a copyrighted work falls within the fair use exception. The Copyright Office and theU.S. Patent and Trademark Office endorse these guidelines.
    5. 5. What should everyone know about copyright?Work is protected from the moment the penmeets the paperNo registration with the Library of Congress isrequired for protectionNo “©” is requiredWe are all rights holders!
    6. 6. IF YOU BREAK THE LAW, YOU ARE LIABLE, NOT THE SCHOOL… THE SCHOOL PROVIDES INFORMATION AND INSTRUCTION ON COPYRIGHT LAW & FAIR USE…
    7. 7. Statutory ExceptionsFair Use (§107)Libraries and Archives (§108)
    8. 8. Clearing Up Copyright MisconceptionsRegistration is NOT required.Copyright Symbol is NOT required.Permission for use is REQUIRED from the copyright holderregardless of: Size/Amount of material used. Credit given to creator. Intent of user is positive or beneficial. Free or non-profit use. Availability on the WWW.
    9. 9. What is Copyright?Copyright laws grant exclusive rights to theowners of an original workSuch as: Literary, musical, artistic
    10. 10. Copyright...Work Must Be: Original expression Fixed in a tangible formBegins: At the moment original work is fixed Example: Graphic created in PhotoShop is protected as soon as saved to disk.
    11. 11. Non-Protected Works Cannot be CopyrightedIdeasFactsTitlesNamesShort Phrases
    12. 12. “FAIR USE” LETS YOU USE OTHERS’ WORKS…Sometimes, it’s free. SOMETIMES YOU MUST PAY A FEE. Sometimes you need to ask for permission…ahead of time.NO HIGHER AUTHORITY CAN DIRECT YOU TO BREAK THE LAW.
    13. 13. Recent Legislation1997 - jail time was added for willfulinfringementDigital Millennium Copyright Act passed intolaw, October 1998 - DMCASonny Bono Term Extension - 20 yearsTechnology, Education and Copyright HarmonizationAct, 2002 - TEACH
    14. 14. Digital Millennium Copyright ActPassed 1998Publishing to the Web is the SAME aspublishing a book.All of the print regulations apply!All “things” online are protected by copyright!
    15. 15. The Copyright Term Extension Act or the Sonny Bono Copyright Term Extension ActThe Copyright Term Extension Act (CTEA) of 1998 extended copyright terms in the United States by 20 years. The Copyright would last for the life of the author plus 50 years, or 75 years for a work of corporate authorship. The Act extended these terms to life of the author plus 70 years and for works ofcorporate authorship to 120 years after creation or 95years after publication, whichever endpoint is earlier. Copyright protection for works published prior to January 1, 1978 was increased by 20 years to a total of 95 years from their publication date.
    16. 16. The Copyright Term Extension Act or the Sonny Bono Copyright Term Extension Act, Continued..This law, also known as the, as the Mickey Mouse ProtectionAct, effectively "froze" the advancement date of the publicdomain in the United States for works covered by the olderfixed term copyright rules. Under this Act, additional worksmade in 1923 or afterwards that were still copyrighted in 1998will not enter the public domain until 2019 or afterward(depending on the date of the product) unless the owner of thecopyright releases them into the public domain prior to thator if the copyright gets extended again
    17. 17. Public DomainNon-Protected WorksAnything published before 1923Federal Government Works
    18. 18. What is Fair Use?Four Factors from §107 of the 1976 Copyright Act: Purpose – education vs. commercial Nature – fact vs. fiction Amount – and substantiality Effect – on market or value
    19. 19. Student Use: Students may perform and display their own educational multimedia projects created under Section 2 of these guidelines for educational usesin the course for which they were created and may use them in their own portfolios as examples oftheir academic work for later personal uses such as job and graduate school interviews
    20. 20. Fair Use v. “fair use”Fair Use is merely a defense against accusationsof infringementThe public believes “fair use” is somethingpositive -- a set of behaviors that are generallypermitted
    21. 21. Fair Use Qualifications:Limitations on the specific rights of copyright owners Criticism (film clip during a review) Comment (satire: 2 Live Crew/Roy Orbison) News Reporting Scholarship Research Teaching
    22. 22. Print MediaFor educational use, a teacher may make a single copy of achapter, article, short story, etc.Multiple Copies may be made for a class (1 per student) *if itmeets the spontaneity test. The inspiration to use the materials MUST have occurred close to the use…prevented purchase or permission.Copying must *not substitute for a purchase. Does not allow for reproduction of consumables: Workbooks, study guides, etc.
    23. 23. VideosYou may use a videotaped version of a broadcast for 10 schooldays.Retain a videotaped copy of a program for 45 days (evaluationpurposes)---after which it must be erased.Some channels grant unique rights to educators---check withthem directly. (Discovery, History, PBS, etc)May make an archival copy of videos that you have purchased.Media Specialists may not record a program withoutinstruction---a teacher *must request it.
    24. 24. There are Fair Use Limitations, the first of which is: 4.2 Portion Limitations Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects under these guidelines regardless of the original medium from which the copyrighted works are taken.
    25. 25. 4.2.1 Motion Media Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion.... media work may be reproduced or otherwise incorporated 4.2.2 Text Material Up to 10% or 1000 words, whichever is less, in theaggregate of a copyrighted work...... consisting of text material may be reproduced or otherwise incorporated
    26. 26. 4.2.3 Music, Lyrics, and Music Video Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work),.... 4.2.4 Illustrations and Photographs The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist orphotographer may be reproduced or otherwise incorporated....
    27. 27. 4.2.5 Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced or otherwise incorporated... 4.1 Time Limitations Educators may use their educational multimedia projectscreated for educational purposes... ...for teaching courses, for a period of up to two years after the first instructional use with a class. Use beyond that time period, even for educational purposes, requires permission... Students may use their educational multimedia projects as noted in Section 3.1.
    28. 28. Your ResponsibilitiesAs students and citizens in these labs, or on your own PC, it isyour responsibility to: Observe the above restrictions. Learn proper methods of attribution, acknowledgment and citation for each reference in each paper or project. Resist the temptation to ignore any of the limitations “just this once”.Remember: These are not your personal rules. You are onlydoing as instructed in order to protect the university or school atwhich you work.
    29. 29. Fair Use or Plagiarism?Why isn’t plagiarism a fair use? Because a complete citation must accompany any fair use of another’s work.
    30. 30. Plagiarism?When you quote directly from a publicationUse quotation marksUse proper citation format (Author, 8) OR (author, 1999, 8) OR full footnote or endnote
    31. 31. Plagiarism……is not always willful.Sometimes the inexperienced writer forgets toattribute his paraphrasing efforts.
    32. 32. PlagiarismWhen you paraphrase Attribute your source in a footnote or endnote just as if you had quoted directly
    33. 33. Plagiarism…is fraud.It is using someone else’s words or art withoutattribution and passing it off as your own.Copyright infringement is using & citingsomeone’s work without permission norcompensation to the rights holder.If there is a citation, it is not plagiarism.
    34. 34. Cyber-plagiarismThere are growing numbers of web sites wherestudent papers are available for free, or for aprice.Your instructors know how to use these sites.Your instructors know how to search theinternet for a “word string” which will pointthem to these sites…
    35. 35. Cyber-plagiarismEven when these students have donated theirpapers to these sites, your use of any part ofthese papers is still plagiarism.SPEAKING OF UNETHICAL CONDUCT… Schools enforce Plagiarism. The courts enforce copyright infringement!
    36. 36. KNOWLEDGE OF INFRINGEMENTIS IRRELEVANT TO YOUR LIABILITY Liability Issues: What you need to know... 3 TYPES OF INFRINGEMENT Direct infringement - knowledge of infringement Contributory infringement you must either have knowledge, i.e. faculty directed or you must materially contribute, i.e. university equipment used Innocent infringement - very rare on a university campus Staff (button pusher) responsibility
    37. 37. Turnitin.Com24 hr turn around timehttp://www.turnitin.com
    38. 38. FILE SHARINGRIAA – (Recording Industry Association ofAmerica) successfully sued for sharing musicusing campus servers.The Universities were NOT sued.
    39. 39. FILE SHARINGFile sharing = distributionUnlawful, unauthorized distribution,reproduction of copyrighted works
    40. 40. FILE SHARING…is a violation of §106 of Title 17, U.S. CodeExclusive right of author/creator to reproduceand distribute
    41. 41. FILE SHARING - THEORYPEER 2 PEER, P2P, Theory: Sampling Previewing Not meant to substitute for purchase of music or movies or software Meant to facilitate long distance collaboration between researchers and creators.
    42. 42. The Power of ParodyParody is the only aspect of Fair Use that isstronger and broader now than it was 20 yearsago.Therefore, borrowing to subtract is affordedmuch more protection than borrowing to build
    43. 43. Fair Use and Parody:What’s a parody?Does it matter if the parody is in bad taste, ornot funny?
    44. 44. Annie Leibovitz Naked Gun CaseWhy did Leibovitz sue over the “Naked Gun” ads.Did fair use apply? Why or why not?
    45. 45. Annie Leibovitz Naked Gun Case Paramount Pictures superimposed comic actor LeslieNeilsens face over a portrait of a pregnant Demi Mooreto promote the film, "Naked Gun 33 1/3." Photographer Annie Leibovitz sued Paramount over its use of the copyrighted photo, which she originally shot for the cover of Vanity Fair magazine. In this Dec. 19, 1996 order, a federal judge threw out the lawsuit, ruling that Parmounts ad was a parody and a fair use of the copyrighted work.

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