Copyright and the Internet

Are you breaking the law?!?!?!

Copyright 2012. Copyright Instructional Design Team. All Rights Reserved.

Let's test your knowledge....

Pull out your smart device!

We are going to do a quick Easypoll.

(Link to EasyPoll). (Questions for EasyPoll can be found in

Appendix A in design document).

What is Copyright?

•  Laws have been created to protect authors and artists that create things that are creative and “original.”

•  If someone produces something that is original – no one else has created anything quite like it – then that person is the only one who can copy it, perform it in public, or publish it, unless he/she gives that permission to someone else.

Did You Know....

Copyright and Technology Timeline

1439 - moveable type printing press invented

1557- England's Queen Mary grants the Stationer's Company a monopoly on printing

1710 England's First Copyright Laws

1787 First US Copyright law

1790 Second US Copyright law

Did You Know....

1876-1899 Telephone, Phonograph, Motion PIcture Camera, Hand Camera, Magnetic Tape Recorder Invented

1909 US Copyright law revised - 28 year term

1923 TV invented

1941 First US TV Broadcast

1951 Video tape recorder invented/First Commercial Computer (Univac)

1936 First Computer (Z1) appears

1953 Recording and performing rights added to Copyright

Did You Know....

1962 Cassette Tape invented

1967 Computer floppy disk invented

1979 Sony Walkman introduced

1981 IBM introduces PC

1976 Copyright Act revises time and adds Fair Use

1969 ARPANET (precursor to the Internet) is created

1972 VCR developed, first home video game

1973 Cell Phone Invented

1982 CDs go into production

Did You Know....

1983 Internet developed

1984 Mac personal computer released and Discman developed

1995 DVD developed

2001 iPod launched

1992 Digital Home Recording Act

1990 First web browser developed

2007 Kindle launched; iPhone launched

1998 Sonny Bono Copyright Term Extension; Digital Millennium Act

2002 TEACH Act

2005 Family Entertainment and Copyright Act

2010 iPad launched

What is covered under copyright?

•  Tangible medium (tangible does not necessarily mean published) o  literary works o  musical works (including lyrics) o  dramatic works (including any music along with) o  choreography o  pictures and sculpture o  sound recordings o  architectural works o  video •  Content on the web is considered tangible!

What is not covered under copyright?

•  Non-tangible items - If you have a great idea, but have not written it down, it is not copyrighted!

•  Procedures and methods •  Data (i.e. telephone books) •  Things without original authorship

(calendars, height charts, etc.) •  U.S. Government material •  Anything in the Public Domain

Public Domain

•  Works available for anyone to use. •  Works created before 1923 •  Most works created between 1923-1978 (if

copyright was not recorded or renewed) •  Works authored by employees of the federal

government. •  Works that the copyright owner has freely

granted to the public domain.

How long does the copyright last?

1. Created after 1978 a.  automatically protected from moment of creation b.  lasts term of author's life plus 70 years

2. Created before 1978 a.  lasts for a term of 28 years from date it was secured b.  Can renew for additional 67 years

3. Anonymous works a.  95 years from publication or 120 years from creation

(whichever is shorter)

b. Works created BEFORE January 1, 1978 but published or registered AFTER January 1, 1978 i.  the same rights as “After January 1,

1978” along with the following provisions: 1. Copyright will NOT expire before

December 31, 2002 2.  If registered on or before December

31, 2002, then copyright will not expire before December 31, 2047

c. Works created and published or registered before January 1, 1978 i.  Copyright lasted for a term of 28 years

from date it was secured. ii.  The Copyright Act of 1976 and Public

Law 105-298 of 1998 allows for renewal of this copyright for an additional 67 years

Copyright and the 21st Century

•  Copyright laws generally predate our current technologies. o  Remember the timeline?!?!

•  The Internet is NOT public domain.

Internets Do's and Dont's

•  DON'T o  Download graphics, bullets, logos, fonts,

photographs, and illustrations. o  Copy and paste information from another site,

especially if you reformat the information to make it appear your own.

o  Copy another site's html code

•  DO o  Get permission to use online work from the owner of

that work. o  Remember that print rights and electronic rights for

use and distribution are not the same §  Get the rights to use it electronically!

Quick note about software

•  Software is all the programs that run on your physical computer (hardware)

•  Commercial software is covered by copyright o  One backup copy allowed. o  cannot modify the software

•  Freeware software o  covered by copyright o  copies can be made for distribution, but cannot

distribute for profit o  modifying software is allowed, but cannot distribute for

profit

The Digital Millennium Copyright Act

•  1998 amendment to the original 1976 law to match the laws with the technology available. It was divided into 5 sections

•  Referred to as DMCA

DMCA Part 1

•  The "Treaties" section •  Extends US copyright law to cover countries

that signed the WIPO treaty as part of writing the DMCA

•  Now illegal to circumvent technical measures to prevent copyright infringement (both accessing and copying) o  This is where DRM issues are present

DMCA Part 2

•  Online Copyright Infringement •  Protects internet service providers and

hosting sites (AT&T, YouTube, etc) from being prosecuted if they have made reasonable efforts to remove copyrighted material.

DMCA Parts 3-5

•  Part 3: Temporary copies of copyrighted material can be made for purposes of repair

•  Part 4: Internet radio channels and other streaming audio must pay royalties to copyright holders.

•  Part 5: Boat vessel hull designs are now protected by copyright.

TEACH Act

•  2002 law that governs the way copyrighted material can be used in distance education

•  Educators are only protected by the TEACH act if they work for an accredited institution

•  Only modifies a few parts of copyright law; the fair use clause is still in effect.

TEACH Act: What can teachers do?

•  Display nearly all types of works •  Now there is no restriction on a recipient’s

location •  Retention and student access for the length

of the class session •  Allows the copying and storage of materials

when necessary for digital transmission to students

•  Allows print works to be digitized if used for a limited time and not available by other means to the institution.

TEACH Act: What must teachers do?

•  Supervise the display or performance of copyrighted materials

•  Ensure that materials used are an integral part of "mediated instructional activities"

•  Ensure that materials used are not "typically purchased or acquired by the students" (i.e. textbooks)

TEACH Act: What must institutions do?

•  Institute policies regarding copyright •  Provide information materials about copyright to

students, faculty, and staff •  Provide notice to students when materials may be

subject to copyright protection •  Limit the transmission of educational content to enrolled

students •  Prevent the storage of materials where that they are

accessible to anyone besides enrolled students •  Prevent the retention of materials by students for

periods longer than the "class session" •  Prevent the dissemination of materials

Fair Use

Educators and students get a break with the "Fair Use" clause in copyright law.

What is "Fair Use"

Fair Use is part of the copyright law. It allows people to use and make copies of copyrighted works without getting permission if they are using them for: •  criticism •  comment •  news reporting •  teaching •  scholarship •  research

How do I know if it is "Fair Use?"

Ask yourself these 4 questions: 1. What is the PURPOSE? 2. What is the NATURE? 3. What is the EFFECT? 4. What is the AMOUNT

Basically if the answers aren't educational, mostly factual and important to education, none, and just a little bit you could be in TROUBLE!

Fair Use: Purpose

•  Acceptable o  Teaching, Research, News Reporting

•  Illegal o  Making money from the sale of the work o  Using without giving credit to the author

Fair Use: Nature

•  Acceptable o  Mostly factual o  Important to education

•  Illegal o  Creative works such as art, music, fiction

Fair Use: Effect

•  Acceptable o  No major effect o  User owns a legal copy of work

•  Illegal o  Could replace selling of the original o  Made available of the web

Fair Use: Amount

•  Acceptable o  Small bit o  Portion not critical to entire work

•  Illegal o  Large parts or entire work used o  Part used is crucial to success

SO.......how much exactly CAN I use?

Fair Use: What can we use?

•  Though not expressly written as law, legislative action over time in relation to the Copyright laws have provided the following guidelines in relation to the original 1976 copyright law.

•  Applies to print and items found on the internet

What can we use? Literary Works

Books 10% or 1 chapter

Poetry 250 words; not more than 3 works by same author

Children's Books 10% or 2 pages

Short Article 2500 words or less

Excerpt from big work

10% or 1000 words

What can we use? Images

Images from a book A single chart, graph, diagram,

drawing, cartoon, or picture

Photos and Illustrations

5 images from one author

Data Sets 10% or 2500 fields/cells

Other (News, magazine)

Single chart, graph, diagram, drawing, etc.

What can we use? Music

Sheet Music •  backup copies for performances

•  10% of a whole or 100% of a part (Aria from an opera)

•  music may be altered for performance as long as the character of the work is not changed

•  Single copies of out of print works

Sound Recording

Single copies may be made for the purpose of constructing aural practices or examinations

Recordings of Students

Single copy can be made for evaluation purposes; can be retained by teacher and/or institution

What can we use? Videos

Video must be used for educational, NOT

entertainment purposes

Live Broadcasts

•  Retained for 45 days after date of recording.

•  Used only once with each class during the first 10 days of retention period

•  After 10 days, used for teacher-evaluation purposes only

What can we use? Software

Personally Purchased

Install on a single classroom computer (in addition to your home computer) for limited personal use or use with students.

District/School Purchased

Put a copy on your home computer for limited job-related activities.

Educational Multimedia Presentations

•  All multimedia presentations by teachers and students MUST contain: 1.  Citation of the copyrighted material 2.  Notice that the material is being used under the fair use

exemption of copyright law

•  Storage o  Only 2 copies can be made o  Online projects can be used for 15 days after initial use o  Students cannot have copies of instructional

presentations

Multimedia Presentations: Teacher

Teachers can use the products for: •  face-to-face instruction •  student self-study •  Real-time remote courses, provided the

students cannot copy the presentation •  Use for two years, then must re-obtain

permission •  Presentations at peer workshops and

conferences •  Job interviews and evaluations

Multimedia Presentations: Student

Students can use the products for: •  educational uses in the course for which they

were created •  portfolios •  job and school interviews

Fair Use No-No's!

Fair Use does NOT allow you to: •  make copies as a substitution for purchasing a work •  copy the same works for more than one semester, class, or

course •  copy the same work more than nine times in a single semester •  use copyrighted material for commercial purposes •  copy consumable items (workbooks, tests, etc).

Citing Your Sources

•  In most cases, you do not have to follow formal APA or MLA citation standards when citing material for educational use.

•  If you DO need to use formal citation, visit the following website and plug in your url - it will give you the proper way to cite your material! o  http://citationmachine.net/index2.php

What information do you include?

•  ALWAYS credit the author either o  Directly next to the work used o  On a works cited or reference page

•  Include: o  Author or Webmaster o  Copyright Date (if available) o  Date Accessed o  Title o  url

•  Copyright sign o  © Mac = option g o  © PC (Windows) = Alt 0169

Locating Information

•  Public Domain - Go here for a list of materials currently in the public domain: http://www.pdinfo.com/

•  Creative Commons o  Creative Commons was created to allow people to

freely share images, text, and other works while retaining copyright privileges

o  Must cite properly! o  http://creativecommons.org/

•  Google Image Search o  Can do a custom image search and set usage to

your desired outcome o  http://www.google.com/advanced_image_search

So.... what does this all mean?

Well, basically, if you don't follow these laws and guidelines, you can be in A LOT of trouble!

You will be guilty of plagiarism and the penalties are: o  Civil Penalties

§  Copyright holder can sue you for damages anywhere from $200 to $150,000, even if "you didn't mean to!"

o  Criminal Penalties §  If you break copyright for a profit, the value of the

infringement is more than $1,000, or if you distribute work over the Internet (commercial works), you could: •  spend a 1-5 years in jail •  pay fines

Additional References •  “Fair Use Guidelines For Educational Multimedia” Prepared by the

Educational Multimedia Fair Use Guidelines Development Committee, July 17, 1996 http://www.libraries.psu.edu/mtss/resources/copyright.html

•  “Fair Use Of Copyrighted Materials” by Georgia Harper, University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm

•  “Copyright Basics” by the U.S. Copyright Office http://www.loc.gov/copyright/circs/circ1.pdf

•  “The Copyright Website” by Benedict O’Mahoney http://www.benedict.com/

•  “Copyright Law in the Electronic Environment” by Georgia Harper, University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/faculty.htm

Additional References continued •  “10 Big Myths about Copyright Explained” by Brad Templeton http://

www.templetons.com/brad/copymyths.html

•  “Duhaime's Law Dictionary” by Lloyd Duhaime http://www.duhaime.org/diction.htm

•  “When Works Pass Into the Public Domain in the United States” by Cornell Institute for Digital Collections http://cidc.library.cornell.edu/copyright/

Credits •  Copyright Information obtained from the following sources:

o  Creany, Norman.. (n.d.). Digital Millennium Copyright Explained. . Retrieved 10 November 2012 from http://normancreaney.wordpress.com/information-technology-the-law/digital-millennium-copyright-act-explained/

o  http://www.copyright.gov/fls/fl102.html. (2012, June). Retrieved 11 November 2012 from http://www.copyright.gov o  Kelly, Warner. (2012, February 15). Retrieved 11 November 2012 from http://www.aaronkellylaw.com/online-

intellectual-property/dmca-wiki-summary/

o  Library of congress. (n.d.). Retrieved 9 November 2012 from http://www.loc.gov/teachers/usingprimarysources/copyright.html Maglof, Lisa. (n.d.). Retrieved 25 November 2012 from http://info.legalzoom.com/happens-break-copyright-laws-20309.html

o  Starr, L. (2010, May 25). The educators guide to copyright and fair use . Retrieved 10 November 2012 from http://www.educationworld.com/a_curr/curr280.shtml/

o  Teaching copyright. (2011, October 19). Electric frontier foundation. Retrieved 10 November from from http://www.teachingcopyright.org/curriculum/hs

o  University of Washington (2012). The Teach Act. Retrieved 25 November 2012 from http://depts.washington.edu/uwcopy/Copyright_Law/TEACH_Act/

•  Images obtained from the following sources (unless otherwise noted with the image itself) o  http://openclipart.org/ o  http://office.microsoft.com/en-us/images/?CTT=97

Copyright and the Internet

Are you breaking the law?!?!?!

Copyright 2012. Copyright Instructional Design Team. All Rights Reserved.