Ethically SpeakingEthically Speaking

““The Computer as an Educational Tool: The Computer as an Educational Tool:

Productivity and Problem Solving”Productivity and Problem Solving” ©Richard C. Forcier and©Richard C. Forcier and

Don E. DescyDon E. Descy

TodayToday

What is copyright?What is copyright? Interpreting the Copyright ActInterpreting the Copyright ActBasic guidelinesBasic guidelinesWeb sitesWeb sitesDiscussionDiscussion

What is copyright?What is copyright?

Copyright is a set of laws Copyright is a set of laws designed to protect the designed to protect the

financial interests of financial interests of creators, producers, and creators, producers, and distributors of original distributors of original

works of information and art.works of information and art.

Purpose and character of usePurpose and character of use(commercial vs. nonprofit)(commercial vs. nonprofit)

Nature of the workNature of the workAmount and substantiality of Amount and substantiality of

portion used related to the wholeportion used related to the wholeEffect on potential marketEffect on potential marketSpontaneitySpontaneity

Interpreting the Copyright ActInterpreting the Copyright Act

Basic GuidelinesBasic Guidelines

Categories (1)Categories (1)• Pictures, graphicsPictures, graphics

• SculpturesSculptures

• Literary worksLiterary works

• Audiovisual worksAudiovisual works

• Dramatic worksDramatic works

Basic GuidelinesBasic Guidelines

Categories (2)Categories (2)• Choreographic worksChoreographic works

• Music and lyricsMusic and lyrics

• RecordingsRecordings

• Architectural worksArchitectural works

Time SpanTime Span

Before 1/2/78: Before 1/2/78: Life of author plus 50 yearsLife of author plus 50 years

After 1/1/78:After 1/1/78:28 years with 47-year renewal28 years with 47-year renewal(75 years total)(75 years total)

PaperPaper

10% of prose up to 1,000 10% of prose up to 1,000 wordswords

250 words from a poem250 words from a poemOne illustration from One illustration from

periodical or bookperiodical or book

Computer SoftwareComputer Software

Make one archival copyMake one archival copyAdapt program to local needsAdapt program to local needsAdd features to programAdd features to programAdapt to another language if Adapt to another language if

it is not availableit is not available

Multimedia (1)Multimedia (1)

Portions of lawfully acquired Portions of lawfully acquired copyrighted works can be copyrighted works can be used in student/teacher used in student/teacher projects for class, distance projects for class, distance education, and student self-education, and student self-directed materials.directed materials.

Multimedia (2)Multimedia (2)

Copies may be retained for Copies may be retained for portfolio, assessment, tenure, portfolio, assessment, tenure, job interviews.job interviews.

Educators may use material for Educators may use material for up to 2 years without up to 2 years without permission.permission.

Multimedia (3)Multimedia (3)

10% or 3 minutes of motion 10% or 3 minutes of motion mediamedia

1,000 words of text1,000 words of text30 seconds of music30 seconds of musicFive images from an artistFive images from an artist2,500 fields/cells from database2,500 fields/cells from database

Distance EducationDistance Education

Tapes may be kept for 45 Tapes may be kept for 45 days.days.

Recordings may not be Recordings may not be altered.altered.

Off-Air Videotaping (1)Off-Air Videotaping (1)

Retain for 45 daysRetain for 45 daysUse within first 10 days and a Use within first 10 days and a

second time if necessarysecond time if necessaryProfessional staff may view tape Professional staff may view tape

several times.several times.You may use only part of You may use only part of

program.program.

Off-Air Videotaping (2)Off-Air Videotaping (2)

Make a limited number of Make a limited number of copiescopies

License from copyright License from copyright holderholder

““Cable in the Classroom” Cable in the Classroom” http://www.http://www.ciconlineciconline.com/.com/

True or False (1)True or False (1)

Fair use in a classroom is fair Fair use in a classroom is fair use at a conference.use at a conference.

You are liable if your superior You are liable if your superior orders you to copy the work.orders you to copy the work.

If it is on the Web, it is If it is on the Web, it is copyrighted. copyrighted.

True or False (2)True or False (2)

Distance education instructors may Distance education instructors may use copyrighted works use copyrighted works (video/photos) without first getting (video/photos) without first getting permission.permission.

Copyrighted materials must be Copyrighted materials must be registered.registered.

Copyrighted materials must carry a Copyrighted materials must carry a ©.©.

True or False (3)True or False (3)

U.S. Government publications U.S. Government publications are not copyrighted.are not copyrighted.

In that case, stamps are not In that case, stamps are not copyrighted.copyrighted.

It is OK to play a radio in the It is OK to play a radio in the background in a barber shop.background in a barber shop.

So what is it worth?So what is it worth?

$1,000 and a year in jail$1,000 and a year in jailCivil damages of $50,000Civil damages of $50,000Employers and educators can Employers and educators can

both be held liable.both be held liable.

Web SitesWeb Sites

Copyright and fair use:Copyright and fair use:fairuse.stanford.edufairuse.stanford.edu

Cyderspace law for nonlawyers:Cyderspace law for nonlawyers:www.counsel.com/cyberspacewww.counsel.com/cyberspace

U.S. Copyright Office:U.S. Copyright Office:lcweb.loc.gov/copyrightlcweb.loc.gov/copyright

U.S. House Law Library:U.S. House Law Library:law.house.gov/325.htmlaw.house.gov/325.htm

Questions?Questions?