copyright chaos student version

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"

Attempt to pass off another persons words orideasas ones own

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.

The fair use of a copyrighted work for purposes ofteaching (including multiple copies for classroom use)is not an infringement of copyright.

Students may:

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.

Motion Media

Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work.

Text Material

Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text.

Text Material - Poems

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:

up to 250 words,

but no more than three excerpts by a single poet,

or five excerpts by different poets from a single anthology.

Music, Lyrics, and Music Video

Up to 10%

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

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.

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.

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:

(the copyright notice)

year of first publication

name of the copyright holder

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.

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.

It isillegalto

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.

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.

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.

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

Fines up to$25,000

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

Fines up to $250,000

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.

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.

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.

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.

SCENARIO L :A professor wishes to raise funds for a scholarship. She rents a copyrighted videocassette of a motion picture and charges admission fees.

QUESTION: May she do so?

ANSWER: No. This is not a fair use because it infringes the copyright owner's right to market the work.

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.

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.

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.

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.

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.

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.

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.