copyright or copy wrong?


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this is a snapshot look at chapter 4.

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  • Source of copyright law is found in the constitution. It permits Congress to make laws to protect and enforce copyright.
  • All creators, including photographers and illustrators are entitled to be paid if their work is used, commercially or otherwise. This encourages creativity and makes more images available for use.
  • Under the current law, copyright attaches upon creation. It is a federal system, which means that the same law applies in every state. A significant change from the prior act is that the creator is presumed the owner in most situations.
  • Koons v. Art Rogers Sculpture artist Jeff Koons lost this copyright infringement case. The artist asserted it was fair use to change a photograph into a 3 dimensional work without obtaining a license. The court disagreed finding that substantial copyrightable elements were borrowed despite the change in medium.
  • Public Domain is very misunderstood-since 1978 copyright attaches upon creation. Cannot assume that any work on the internet is public domain The formality of copyright notice is no longer required under US law and never required in most foreign countries, one cannot assume that any work without notice can be used. Altering an image is an exclusive right of the copyright owner and requires permission almost all the time. Any unauthorized use is an infringement whether you profit or not
  • copyright or copy wrong?

    1. 1. Copyright vs. Copywrong The Internet and the Law: What Educators Need to Know (Kathleen Conn) Chapter 4 —The Basics of Copyright Law pgs 41-55
    2. 2. Do you often violate copyright law on protected materials? Lets find out…
    3. 3. US Constitution <ul><li>Article I, § 8, Clause 8 </li></ul><ul><li>“ 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.” </li></ul>
    4. 4. Some questions…for you <ul><li>Are Copyright and Plagiarism the same thing, </li></ul><ul><li>YES or NO ? </li></ul>Okay…how are they different? Copyright— a set of exclusive rights granted to the author or creator of an original work , including the right to copy , distribute and adapt the work. Essentially, property for them to profit from. Plagiarism— if a person copies material from any source without attribution …they are guilty of plagiarism. Essentially, claiming the work as their own (copyrighted or not…in the public domain or private). NO
    5. 5. What makes something Copyright protected? <ul><li>A. Create an original piece and put the © symbol on it…and it is copyright protected. </li></ul><ul><li>B. Create an original piece and put it in the public domain. </li></ul><ul><li>C. Original works are automatically granted copyright status whether published or unpublished. </li></ul><ul><li>D. Submit your original piece with the Copyright office either through mail or email. </li></ul>C. Since Congress passed the Copyright Act of 1976…federal copyright protection attaches automatically to all original works at the moment they are fixed in a tangible medium of expression, whether published or unpublished. (Text—The Internet and the Law. Pg 42)
    6. 6. Do you know what IS and IS NOT protected? <ul><li>slogans literary works short phrases </li></ul><ul><li>musical works architectural works discoveries </li></ul><ul><li>dramatic works names of literary characters facts </li></ul><ul><li>titles of works pantomimes/choreographic works </li></ul><ul><li>Industrial designs sound recordings ideas </li></ul><ul><li>pictorial, graphic, and sculptural works concepts </li></ul><ul><li>motion pictures/other audiovisual works federal documents </li></ul>What CANNOT be copyright protected… -slogans -short phrases -discoveries -titles of works -names of literary characters -facts -industrial designs -ideas -federal documents -concepts
    7. 7. Is this copyright infringement?
    8. 8. What is infringement? <ul><li>use of whole or part of an image without permission; </li></ul><ul><li>adapting an image without permission </li></ul><ul><li>(art rendering, collage); </li></ul><ul><li>asking another photographer to recreate the image. </li></ul>
    9. 9. Popular Copyright Myths <ul><li>if it’s on the internet it is in the public domain and therefore free; </li></ul><ul><li>if there is no copyright notice, I can use the image; </li></ul><ul><li>if I alter the image I don’t need permission; </li></ul><ul><li>if I don’t profit from it, I can use it; </li></ul><ul><li>if I only use a part of the image I don’t need permission. </li></ul>
    10. 10. What are some common ways that copyright is violated? File sharing of files that are purchased for single use ( .mp3s /video games ) Copying a piece of literature from the www. and making copies for an entire class and keeps them for class use for the following several years. A school or district orders one copy of a standardized test and sends it off for copies for all students of a particular grade A music teacher purchases a piece of music and makes copies of it for her music class A teacher uses a part of a movie imbedded in a lesson (.wmv or .ppt) that is more that 10% of the original (standard acceptance is 3 minutes or less).
    11. 11. Do you know where to find your districts policy guidelines on copyright violation/protection? Is training on copyright any part of in-service training in the beginning of your school year?
    12. 12. <ul><li>If you do not profit from a copyright infringement, can you be sued for damages? </li></ul><ul><li>A. Yes </li></ul><ul><li>B. No </li></ul><ul><li>2. Is it a copyright infringement to link to an image on another person's web site? </li></ul><ul><li>A. Yes </li></ul><ul><li>B. No </li></ul><ul><li>3. Is it a copyright infringement to make a local copy of another person's image file so you can include it on your own web page? </li></ul><ul><li>A. Yes </li></ul><ul><li>B. No </li></ul>
    13. 13. <ul><li>Copyright ownership analysis starts with this principle: The ______________ is the owner. </li></ul><ul><li>A. Government </li></ul><ul><ul><li>B. Author </li></ul></ul><ul><ul><li>C. Public </li></ul></ul><ul><ul><li>D. Employer </li></ul></ul><ul><li>5. Which of the following is NOT a copyright infringement? </li></ul><ul><li>A. A teacher making a photocopy of a single cartoon as part </li></ul><ul><li>of a student worksheet which is then copied 25 times and </li></ul><ul><li>distributed to a class. </li></ul><ul><li>B. A teacher scanning in a single cartoon to put on his or her </li></ul><ul><li>web site. </li></ul><ul><li>C. A teacher including a cartoon in a Power Point </li></ul><ul><li>presentation to be given at a conference, without the </li></ul><ul><li>permission of the author of the cartoon. </li></ul>
    14. 14. <ul><li>You have written a story to read aloud to your class. At what point is it covered by copyright law? </li></ul><ul><li>A. When you read the story aloud to your class. </li></ul><ul><li>B. When you register it with the copyright office at the Library </li></ul><ul><li>of Congress. </li></ul><ul><li>C. When you write the story down on paper. </li></ul><ul><li>D. When you put a copyright symbol at the bottom of the first </li></ul><ul><li>page. </li></ul>
    15. 15. 7. Ms. Smith's students are big fans of the Star Trek television series. In order to excite them about a writing exercise, she encourages them to write stories based on Star Trek characters. Which of the following rights of the creators of Star Trek are violated by the writing of these stories? A. The right to reproduce the copyrighted work in copies or phonorecords. B. The right to prepare derivative works based upon the copyrighted work. C. The right to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending. D. The right to perform the copyrighted work publicly. E. The right to display the copyrighted work publicly. 8. Mr. Jones has a computer program at home that he thinks the students in his class will benefit from. He brings in the program and installs it on all three computers in his classroom. Because the program is for use by students and has met the spontaneity test, he concludes that this is legal under the Fair Use doctrine. Is it? A. Yes B. No
    16. 16. <ul><li>Which of the following works is in the public domain? </li></ul><ul><li>A. A book published in 1923. </li></ul><ul><li>B. A book published in 1980 by an author who died a year later. </li></ul><ul><li>C. A shareware computer program. </li></ul><ul><li>D. The song Happy Birthday . </li></ul><ul><li>E. U.S. Senate proceedings from 1998. </li></ul><ul><li>10. Central to the concept of copyright is the idea that you own and have control over anything that you create. </li></ul><ul><li>A. True </li></ul><ul><li>B. False </li></ul>
    17. 17. Asking again… Do you violate copyright law on protected materials? Hmmmm
    18. 18. Questions? Us too!