Intel presentation on copyright available for teachers to introduce copyright and fair use regulations.
- 1.Presentation created for the Intel Teach to the Future
program by Judi Edman Yost Institute of Computer Technology
Copyright Chaos An Educator's Guide to Copyright Law and "Fair
Use"
2. What is plagiarism
- Attempt to pass off another persons words orideasas ones
own
3. 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 April
1, 1989 is copyrighted and protected whether it has a notice or
not.
4. However... Educators get a break with a "fair use" clause 5.
What is fair use?
- The fair use of a copyrighted work for purposes ofteaching
(including multiple copies for classroom use)is not an infringement
of copyright.
6. So what are these guidelines? 7. Students & Educators
have Separate Guidelines
-
- incorporate portions of lawfully acquired copyrighted works
when producing their own educational multimedia projects for
aspecific 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. Limitations on Size/Portions for both Educators and
Students
-
- Up to 10% or 3 minutes, whichever is less, of a single
copyrighted motion media work.
-
- Up to 10% or 1000 words, whichever is less, of a single
copyrighted work of text.
9.
-
- An entire poem of less than 250 words,
-
- but no more than three poems by one poet,
-
- or five poems by different poets from any single
anthology.
- In poems of greater length:
-
- but no more than three excerpts by a single poet,
-
- or five excerpts by different poets from a single
anthology.
Limitations on Size/Portions Poetry 10.
- Music, Lyrics, and Music Video
-
- but no more than 30 seconds of music and lyrics from a single
musical work
-
- Any alterations to a musical work shall not change the basic
melody or the fundamental character of the work
Limitations on Size/Portions 11.
- Illustrations and Photographs:
-
- A photograph or illustration may be used in its entirety.
-
- No more than 5 images by an artist or photographer.
-
- Not more than 10% or 15 images, whichever is less, from a
single published collected work.
Limitations on Size/Portions 12. Copying and Distribution
Limitations
- Including the original, only a limited numberof copies may be
made of a project:
-
- Two use copies, one of which may be placed on reserve.
-
- An additional copy for preservation to be used or copied only
to replace a use copy that has been lost, stolen, or damaged.
-
- For jointly created projects, each principal creator may retain
one copy but only as permitted by use and time restraints
previously outlined.
13. Attribution & Acknowledgement
- Credit the sources and display the copyright notice and
copyright ownership information for all incorporated works
including those prepared under fair use.
- Copyright ownership information includes:
-
- year of first publication
-
- name of the copyright holder
14. Future Uses Beyond Fair Use
- If there is a possibility that a project could result in
broader dissemination[for instance, publication on the
Internet],whether or not as a commercial product, individuals
should take steps to obtain permissions during the development
process rather than waiting until after completion of the
project.
15. What About Software?
- Use of software doesnotfall underfair use!
- Public or private educational institutions are not exempt from
the software copyright laws.
- When you purchase software, you are onlypurchasing a license
tousethe software you dontownit.
16. Unless you have specific permission from the copyright
owner
- Purchase a single user license and load it onto multiple
computers or a server,
- Download copyrighted software from the Internet or bulletin
boards, or
- Load the software your school purchased onto your computer at
home.
17. Freeware is FreeRight?
- Freeware is also covered by copyright laws and subject to the
conditions defined by the holder of the copyright.
-
- You can distribute freeware, but not make any money on it.
-
- You can modify and build other software programs based on the
freeware, but those new programs cannot be sold for profit.
18. Only Public Domain Software is Truly Free
- Copyright rights have been relinquished.
- There are no distribution restrictions.
- You can modify the original software and build new
software.
- You can sell your modified software.
19. Penalties
- For the unauthorized use and copying of software , penalties
include:
-
- Statutory damages up to$100,000per infringed work where the
court finds there was willful infringement.
-
- And if guilty under the criminal sections of the law:
-
-
- Up toone year imprisonmentand/or
20. Penalties
- For the unauthorized reproduction or distribution of 10 or more
copies of software with a total retail value of $2500 , penalties
include:
-
- Imprisonment for up to six years, and/or
- Under the NET Act, signed into law on December 16, 1997, a
person who willfully infringes on copyrighted material worth at
least $1,000 could be subject to criminal prosecution, even if
he/she does not profit from the activity.
21. Copyright is now perfectly clear... Right? 22. Can you
correctly identify fair use in the following Scenarios? Following
scenarios are compliments of Board of Regents of University System
of Georgia http://www.usg.edu/admin/legal/copyright/ 23. 1. Journal
Article for Classroom Use
- SCENARIO E:A professor copies one article from a periodical for
distribution to the class.
- QUESTION: Is this fair use?
- ANSWER: Yes. Distribution of multiple copies for classroom use
is a fair use.
24. 1. Showing a Videotape for Classroom Instruction
- SCENARIO J:A teacher wishes to show a copyrighted motion
picture to her class for instructional purposes.
- QUESTION: Is this a fair use?
- ANSWER: Yes. It is fair use since it is for classroom
instruction and no admission fee is charged. Tuition and course
fees do not constitute admission fees.
25. 2. Copying a Videotape for Classroom Instruction
- SCENARIO K:A teacher makes a copy of the videotape described in
SCENARIO J for a colleague to show in her class at the same time.
QUESTION: May she do so?
- ANSWER: No. This is not a fair use. The teacher may lend her
personal copy of the videotape to a colleague for this
purpose.
26. 3. Renting a Videotape That Is in the Public Domain for
Nonclassroom Use
- SCENARIO L :A professor wishes to raise funds for a
scholarship. She rents a copyrighted videocassette of a motion
picture and charges admission fees.
- ANSWER: No. This is not a fair use because it infringes the
copyright owner's right to market the work.
27. 1. Classroom Presentation
- SCENARIO N:A teacher or student prepares and gives a
presentation that displays photographs. Permission was not obtained
to use the photographs.
- QUESTION: Can the photographs be included in the initial
presentation, if it is in a traditional classroom?
- ANSWER: Yes. The copyright fair use provision explicitly
provides for classroom use of copyrighted material. Instructors and
students may perform and display their own educational projects or
presentations for instruction.
28. 3. Broadcast of Classroom Presentation to Home or Office
- QUESTION: What if the presentation discussed in SCENARIO N is
broadcast to students at their homes or offices? Would such use be
a fair use?
- ANSWER: Yes. This use would be considered fair use if the
individuals are enrolled in a course and viewing the presentation
for purposes of criticism, comment, teaching or instruction,
scholarship, or research.
29. 6. Incorporation of Photographs in an Electronic
Presentation (Excluding the Internet)
- QUESTION: What if the SCENARIO N presentation is included in an
electronic presentation such as Microsoft's Power Point?
- ANSWER: Yes. This should be considered fair use as long as the
electronic presentation is for educational or instructional
use.
30. 8. Use of Copyrighted Music
- SCENARIO O :A teacher or student creates a presentation and
incorporates copyrighted music into the background. Assume that
permission was not obtained to use the music for the
presentation.
- QUESTION: Can the music be included in the teacher's or
student's initial presentation?
- ANSWER: Yes. This is fair use if instruction is occurring.
31. 13. Use of Music as Content in a Classroom Presentation
- SCENARIO Q:A professor teaches an opera course, and the
professor creates a presentation. The presentation contains the
works of ten contemporary artists and is presented to a new class
every semester.
- QUESTION: Is this a fair use?
- ANSWER: Yes, as long as the use of the presentation continues
to be for instruction.
32. 14. Use of Music in Classroom Presentations on the
Internet
- QUESTION: The opera classroom presentation (SCENARIO Q) or the
presentation containing background music (SCENARIO O) is placed on
the Internet? Is this a fair use?
- ANSWER: Depends. This would be fair use so long as access is
restricted, e.g., by use of a password or PIN or other means.
33. 6. Student Project for Distribution on the Internet
- SCENARIO T:A student is taking a distance learning class in
which the instructor has required that a particular assignment be
created for unlimited distribution on the Web.
- QUESTION: If a student includes an audio segment of copyrighted
music (video, news broadcast, non-dramatic literary work), is this
a fair use?
- ANSWER: No. Since the teacher specifically stated that the
project is being created for distribution over the Web, this is not
a fair use of any of the listed copyrighted materials and
permission should be obtained.
34. This presentation iscopyrighted by Intel. However, it may be
used, with copyright notices intact,for not-for-profit,educational
purposes. *This is a condensed and modified version of the
originalpresentation.