Lawrence Skills Class

By Ms. Garza

COPYRIGHT LAWS & FAIR USE AND PLAGIARISM, OH MY!

What is a Copyright?

• the exclusive legal right to reproduce, publish, and sell the matter and form (as of a literary, musical, or artistic work)

Copyright

• This protection is available to both published and unpublished works.

• A document may be copyrighted even if it does not explicitly state that it is copyrighted.

• As a result, it is a good idea to assume materials such as documents, images, or video clips are copyrighted.

What Works are Protected by a Copyright?

• Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device.

Copyrightable works include the following categories:

• literary works - both fiction and nonfiction, including books, periodicals, manuscripts, computer programs, manuals, records, film, audiotapes, and computer disks

• musical works -- and accompanying words -- songs, operas, and musical plays

• dramatic works -- including music - plays and dramatic readings • pantomimed and choreographed works • pictorial, graphics, and sculptural works -- final and applied arts,

photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models

• motion pictures and audiovisual works - slide/tape, multimedia presentations, filmstrips, films, and videos

• sound recordings and records - tapes, cassettes, and computer disks

These categories should be viewed broadly.

• For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works.“

Copyright

• It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright.

What works are not protected by Copyright?

• Works that lack originalityo logical, comprehensive compilations (like the phone book) o unoriginal reprints of public domain works

• Freeware o the author has chosen to make it available without any restrictions

• US Government works • Facts • Ideas, processes, methods, and systems described in copyrighted

works • Items in Public Domain

What is Public Domain?

• A public domain work is a creative work that are not protected by copyright and which may be freely used by everyone. 

• The reasons that the work is not protected include: 1.The term of copyright for the work has expired • The author failed to satisfy statutory

formalities to perfect the copyright• The work is a work of the U.S. Government.

When do Copyrights Expire?

• A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death.

• In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death.

• For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.

Fair Use

• The fair use of a copyrighted work is not an infringement of copyright.. This includes such use by reproduction in copies or records or by any other means for purposes such as,o Criticismo Commento News reportingo Teaching (including multiple copies for classroom use)o Scholarshipo Research

What Can Be Copied via Fair Use?

• A chapter from a book (never the entire book). • An article from a periodical or newspaper. • A short story, essay, or poem. One work is the norm whether it

comes from an individual work or an anthology. • A chart, graph, diagram, drawing, cartoon or picture from a book,

periodical, or newspaper. • Poetry

o Multiple copies of a poem of 250 words or less that exist on two pages or less or 250 words from a longer poem.

• Prose o Multiple copies of an article, story or essay that are 2,500 words or less

or excerpts up to 1,000 words or 10 percent of the total work, whichever is less.

• Illustrations o Multiple copies of a chart, graph, diagram, drawing, cartoon, or picture

contained in a book or periodical issue.

Types of Media and Permissible Amounts Allowed via Fair Use

• Motion media: o Up to 10 percent of the total or three minutes, whichever is less.

• Text material: o Up to 10 percent of the total or 1,000 words, whichever is less. o An entire poem of less than 250 words may be used, but no

more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work

• Music, lyrics, and music video: o up to 10 percent of the work but no more than 30 seconds of the

music or lyrics from an individual musical work.

Types of Media and Permissible Amounts Allowed via Fair Use

• Illustrations or photographs: o no more than five images from one artist or photographer. o no more than 10% or 15 images, whichever is less, from a

collection. • Numerical data sets:

o up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table.

• Copying of a multimedia project: o no more than two copies may be made of a project.

What Should Be Avoided in order to stay within the guidelines of Fair Use?

• Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals.

• Copying the same works from semester to semester.

• Copying the same material for several different courses at the same or different institutions.

• Copying more than nine separate times in a single semester.

Resources

• http://www.copyright.gov/circs/circ1.html • http://www.unc.edu/~unclng/public-d.htm • http://www.benedict.com/info/fairUse/fairUse.asp• http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#test • http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm• http://www.umuc.edu/library/copy.html • http://www.umuc.edu/library/copy.html#fairuse • http://www.pdinfo.com/

Plagiarism – A definition

• Many people think of plagiarism as copying another's work, or borrowing someone else's original ideas. But terms like "copying" and "borrowing" can disguise the seriousness of the offense:

Plagiarism – A definition

• According to the Merriam-Webster Online Dictionary, to "plagiarize" meanso to steal and pass off (the ideas or words of another) as

one's owno to use (another's production) without crediting the

sourceo to commit literary thefto to present as new and original an idea or product

derived from an existing source.• In other words, plagiarism is an act of fraud. It

involves both stealing someone else's work and lying about it afterward.

http://www.plagiarism.org/plag_article_what_is_plagiarism.html

What is considered plagiarism?

• All of the following are considered plagiarism:o turning in someone else's work as your owno copying words or ideas from someone else without

giving credito failing to put a quotation in quotation markso giving incorrect information about the source of a

quotationo changing words but copying the sentence structure of a

source without giving credito copying so many words or ideas from a source that it

makes up the majority of your work, whether you give credit or not (see our section on "fair use" rules)

http://www.plagiarism.org/plag_article_what_is_plagiarism.html

Consequences of Plagiarism• Academic Punishments:

o Lawrence School’s Student Handbook states

“In order for individual students to grow academically, it is extremely important that all work submitted by that individual be his/her original

work. Teachers value independent work submitted by students because skill levels can more accurately be determined and assistance in

developing skills can be provided. When assignments are given, the staff expects that the work will be completed independently. If parents

find that a student needs assistance at home, please contact the issuing teacher to determine the best way to intervene and provide support. At

no time will dishonesty be tolerated at Lawrence School. Students taking tests, quizzes, and completing work must do their own personal best, which means not sharing answers with or taking answers from

others. If academic dishonesty is an issue, the students involved will be sent to the Academic Dean immediately and an administrative review of

the case take place. Students and parents will be informed of all incidents of academic dishonesty and the associated consequences.

Continued issues with academic dishonesty will result in additional and progressively more severe disciplinary consequences, at the discretion

of the school administration. “2009-2010 Upper School Family Handbook

Consequences of Plagiarism

• Legal Punishments:o Most cases of plagiarism are considered

misdemeanors, punishable by fines of anywhere between $100 and $50,000 -- and up to one year in jail.

o Plagiarism can also be considered a felony under certain state and federal laws. For example, if a plagiarist copies and earns more than $2,500 from copyrighted material, he or she may face up to $250,000 in fines and up to ten years in jail.

http://www.plagiarism.org/plag_article_plagiarism_faq.html

How to avoid plagiarizing?

• Citing sourceso Acknowledging that you received your

ideas/facts/words from another sourceo Letting your audience know where you received

your information fromo Using a Resources, Works Cited, or Bibliography

page to let audience know when information came from a source other than YOU

o Using quotation marks for direct quoteso Always use your own thoughts, opinions, and ideas

more in anything you create vs outside sources

http://www.plagiarism.org/plag_article_what_is_plagiarism.html

Plagiarism Resources

• http://www.plagiarism.org/