Copyright chaos student_version

Presentation created for the
Intel Teach to the Future program
by Judi Edman Yost
Institute of Computer Technology

© 1999 Intel. All rights reserved.

What is plagiarism

• Attempt to pass off
another person’s
words or ideas as
one’s own

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.

What is “fair use”?
The fair use of a copyrighted
work for purposes of…teaching
(including multiple copies for
classroom use)…is not an
infringement of copyright.”


Students & Educators have
Separate Guidelines
• Students may:
– incorporate portions of lawfully acquired
copyrighted works when producing their own
educational multimedia projects for a specific
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.

Limitations on Size/Portions
for both Educators and Students

• 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.


Copying and Distribution Limitations
• Including the original, only a limited number
of 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.


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:
– © (the copyright notice)
– year of first publication
– name of the copyright holder


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.


What About Software?

• Use of software does not fall under
fair use!
• Public or private educational institutions
are not exempt from the software
copyright laws.
• When you purchase software, you are
only purchasing a license to use the
software – you don’t own it.

Unless you have specific
permission from the
copyright owner…
It is illegal to
• 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 Free…Right?

• 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.


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.


Penalties
• For the unauthorized use and copying of
software, penalties include:
– Statutory damages up to $100,000 per
infringed work where the court finds there
was willful infringement.
– And if guilty under the criminal sections of
the law:
• Up to one year imprisonment and/or
• Fines up to $25,000


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
– 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.

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/


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.


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.


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.


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.
• 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.


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.


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.


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.

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.


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.


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.


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.


This presentation is copyrighted 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 original
presentation.


Copyright chaos student_version

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