dr. randy d. ralph media coordinator the john a. carter media center atkins a&t high school dr....

Dr. Randy D. RalphDr. Randy D. RalphMedia CoordinatorMedia Coordinator

The John A. Carter Media CenterThe John A. Carter Media CenterAtkins A&T High SchoolAtkins A&T High School

Dr. Randy D. RalphDr. Randy D. RalphMedia CoordinatorMedia Coordinator

The John A. Carter Media CenterThe John A. Carter Media CenterAtkins A&T High SchoolAtkins A&T High School

Protection of intellectual property against infringement did not occur until considerably after the invention of the printing press in 1436 by Gutenberg in Germany.

In 1566 the English Star Chamber issued a decree entitled, Ordinances Decreed for Reformation of Divers Disorders in Printing and Uttering of Bookes. It protected “letters of patent,” putting published works under the protection of the Stationer’s Company, a crown monopoly, which also had ideological control over publishing and the importation and distribution of printed works throughout Great Britain.

Protection of intellectual property against infringement did not occur until considerably after the invention of the printing press in 1436 by Gutenberg in Germany.

In 1566 the English Star Chamber issued a decree entitled, Ordinances Decreed for Reformation of Divers Disorders in Printing and Uttering of Bookes. It protected “letters of patent,” putting published works under the protection of the Stationer’s Company, a crown monopoly, which also had ideological control over publishing and the importation and distribution of printed works throughout Great Britain.

A Very Brief HistoryA Very Brief History

The English Parliament became the first legislative body to establish copyright protection when it enacted The Statute of Anne in 1710.

International copyright protection began in 1886 with the establishment of the Berne Convention.

All nations signatory to the Convention, including the U.S.A., recognize, and enforce the copyright laws of other member nations within their borders.

The English Parliament became the first legislative body to establish copyright protection when it enacted The Statute of Anne in 1710.

International copyright protection began in 1886 with the establishment of the Berne Convention.

All nations signatory to the Convention, including the U.S.A., recognize, and enforce the copyright laws of other member nations within their borders.


Congress first enacted the Copyright Law of the United States in 1790.

There have been many revisions since that time, the most recent in 1976. There has also been a lot of copyright infringement litigation establishing case law.

In 1994 the American Geophysical Union sued Texaco in federal court claiming that Texaco photocopied articles from its journals without permission. The court’s decision declared that a single article published within a journal constituted the whole of an author’s work. This set a significant new precedent in the law.

Congress first enacted the Copyright Law of the United States in 1790.

There have been many revisions since that time, the most recent in 1976. There has also been a lot of copyright infringement litigation establishing case law.

In 1994 the American Geophysical Union sued Texaco in federal court claiming that Texaco photocopied articles from its journals without permission. The court’s decision declared that a single article published within a journal constituted the whole of an author’s work. This set a significant new precedent in the law.


U.S. Code, Title 17 (1976), protects the rights of the

creators or owners of intellectual property against infringement in the United States and its territories.

U.S. Code, Title 17 (1976), protects the rights of the

creators or owners of intellectual property against infringement in the United States and its territories.

The Copyright Law of the United StatesThe Copyright Law of the United States

But what, exactly, is meant by the terms But what, exactly, is meant by the terms

“intellectual property” “intellectual property” andand

“infringement?”“infringement?”

refers to any creations of the minds of authors, inventors, composers, musicians, artists, or any others, singly or as a group.

refers to any creations of the minds of authors, inventors, composers, musicians, artists, or any others, singly or as a group.

Intellectual PropertyIntellectual Property

It also refers to the owners of works created by others. It also refers to the owners of works created by others.

• ArticlesArticles• BooksBooks• Blogs or WikisBlogs or Wikis• DictionariesDictionaries• EmailsEmails• EncyclopediasEncyclopedias• FilmsFilms• EssaysEssays

• ArticlesArticles• BooksBooks• Blogs or WikisBlogs or Wikis• DictionariesDictionaries• EmailsEmails• EncyclopediasEncyclopedias• FilmsFilms• EssaysEssays

• MusicMusic• PatentsPatents• PerformancesPerformances• PhotographsPhotographs• PoemsPoems• VideosVideos• WebsitesWebsites• Works of ArtWorks of Art

• MusicMusic• PatentsPatents• PerformancesPerformances• PhotographsPhotographs• PoemsPoems• VideosVideos• WebsitesWebsites• Works of ArtWorks of Art

Intellectual PropertyIntellectual Property

refers to a violation of the law, a regulation (criminal breeches), or an agreement (a civil breech).

refers to a violation of the law, a regulation (criminal breeches), or an agreement (a civil breech).

InfringementInfringement

It also refers to an encroachment on a right of ownership or privilege.

It also refers to an encroachment on a right of ownership or privilege.

of copyright is a federal offense. It is investigated by the FBI and prosecuted by the U. S. Depart-ment of Justice, whether or not monetary damages are alleged.

of copyright is a federal offense. It is investigated by the FBI and prosecuted by the U. S. Depart-ment of Justice, whether or not monetary damages are alleged.

InfringementInfringement

Fair UseFair UseThe Copyright Law of the United States, Title 17, section 107, defines and lays out exceptions to, and exemptions from, infringe-ment of the rights of copyright holders – the so-called

The Copyright Law of the United States, Title 17, section 107, defines and lays out exceptions to, and exemptions from, infringe-ment of the rights of copyright holders – the so-called

Fair UseDoctrine.

Fair UseDoctrine.

Fair UseFair UseIn the words of Section 107:In the words of Section 107:

“ … The of a copyrighted work … for purpose such as critcism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright.”

“ … The of a copyrighted work … for purpose such as critcism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright.”

fair usefair use

Fair UseFair Use

because may promote the public good.because may promote the public good.

fair usefair use

Section 107 exempts from infringe-ment, under certain circumstances

Section 107 exempts from infringe-ment, under certain circumstancesCriticism Journalism

Commentary ScholarshipEducation Research

Criticism JournalismCommentary ScholarshipEducation Research

Fair Use FactorsFair Use FactorsSection 107 lists four principal factors to consider in the deter-mination of fair use.

Section 107 lists four principal factors to consider in the deter-mination of fair use.

Fair Use FactorsFair Use Factors1)the purpose and nature

of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.

1)the purpose and nature of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.

Fair Use FactorsFair Use Factors2)the nature of the

copyrighted work.2)the nature of the

copyrighted work.

3)the amount and substantiality of the portion used in relation to the copyrighted work as a whole.

3)the amount and substantiality of the portion used in relation to the copyrighted work as a whole.

Fair Use FactorsFair Use Factors

4)the effect of the use on the potential market for or value of the copyrighted work.

4)the effect of the use on the potential market for or value of the copyrighted work.

Fair Use FactorsFair Use Factors

The language of Section 107, with regard to fair use, is vague, at best. Interpretation of the four principal factors can result in completely reasonable, yet conflicting, conclusions.

The language of Section 107, with regard to fair use, is vague, at best. Interpretation of the four principal factors can result in completely reasonable, yet conflicting, conclusions.

Fair Use GuidelinesFair Use Guidelines

For this reason professional organ-izations have promulgated fair use guidelines. The language of guide-lines, however, is generally not found within the law and may not reflect what Congress intended.

For this reason professional organ-izations have promulgated fair use guidelines. The language of guide-lines, however, is generally not found within the law and may not reflect what Congress intended.


Probably the best known guide-lines developed for fair use by educational institutions are the CONTU Guidelines and the so-called “Classroom Guidelines.”

Probably the best known guide-lines developed for fair use by educational institutions are the CONTU Guidelines and the so-called “Classroom Guidelines.”


The CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements, were adopted in 1978.

The CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements, were adopted in 1978.


The Agreement on Guidelines for Classroom Copying in Not-for-profit Educational Institutions with Respect to Books and Periodicals, often referred to as the "Classroom Guidelines,” were adopted in 1976.

The Agreement on Guidelines for Classroom Copying in Not-for-profit Educational Institutions with Respect to Books and Periodicals, often referred to as the "Classroom Guidelines,” were adopted in 1976.


Simple compliance with a set of professional guidelines to fair use, however, does not indemnify any institution against allegations of infringement. Infringement can only be determined in the courts by litigation of challenged usage within the law.

Simple compliance with a set of professional guidelines to fair use, however, does not indemnify any institution against allegations of infringement. Infringement can only be determined in the courts by litigation of challenged usage within the law.


In the landmark case, American Geophysical Union vs. Texaco Corp., a federal court held, in 1994, that photocopying an article from a journal was a violation of copyright because the article copied was the entire work, not a portion of the work.

In the landmark case, American Geophysical Union vs. Texaco Corp., a federal court held, in 1994, that photocopying an article from a journal was a violation of copyright because the article copied was the entire work, not a portion of the work.


Making xerographic copies of articles from journals and newspapers had long been deemed acceptable in professional guidelines to fair use. The court struck such use down, defining the article as the whole of the work.

Making xerographic copies of articles from journals and newspapers had long been deemed acceptable in professional guidelines to fair use. The court struck such use down, defining the article as the whole of the work.


So, simple adherence to a set of accepted guidelines to fair use does not confer any protection against allegations of infringement under the law as it has been interpreted by the New York Federal District Court in the 1994 decision.

So, simple adherence to a set of accepted guidelines to fair use does not confer any protection against allegations of infringement under the law as it has been interpreted by the New York Federal District Court in the 1994 decision.


Fair Use GuidelinesFair Use GuidelinesThe most authoritative set of guidelines to fair use in education is embodied in Circular 21, Reproduction of Copyrighted Works by Educators and Librarians, from the Copyright Office of the Library of Congress.

All educators should familiarize themselves with the contents of these guidelines.

The most authoritative set of guidelines to fair use in education is embodied in Circular 21, Reproduction of Copyrighted Works by Educators and Librarians, from the Copyright Office of the Library of Congress.

All educators should familiarize themselves with the contents of these guidelines.

Reproduction of Copyrighted Works by Educators and LibrariansReproduction of Copyrighted Works by Educators and Librarians

U.S. Copyright Office Circular 21 is available via the link below:

Reproduction of Copyrighted Works by Educators and Librarians

U.S. Copyright Office Circular 21 is available via the link below:

Reproduction of Copyrighted Works by Educators and Librarians


http://www.copyright.gov/help/faq/

The U.S. Copyright office has also published FAQs on copyright, available via the link below:


The U.S. Copyright office has also published FAQs on copyright, available via the link below:



Copyright for Educators

Jackie Pierson, program manager for Library/ Media Services at WSFCS has produced a Powerpoint presentation entitled, Copyright for Educators, for use by teachers and administrators within the school system here.Follow the link above to view it.

Jackie Pierson, program manager for Library/ Media Services at WSFCS has produced a Powerpoint presentation entitled, Copyright for Educators, for use by teachers and administrators within the school system here.Follow the link above to view it.


When in doubt, contact a friendly professional in

the Media Center before you act!

When in doubt, contact a friendly professional in

the Media Center before you act!

TheEndTheEnd

dr. randy d. ralph media coordinator the john a. carter media center atkins a&t high school dr....

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