Transcript Copyright PowerPoint

Copyright and Licensing
Erica Peto
November, 1999
With permission from:
M. Rougeau, Goose Creek I.S.D.
What is copyright?
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Copyright is a statutory privilege
extended to creators of works fixed in a
tangible medium of expression.
– Copyright laws legally protect the potential
monetary value of creative endeavors as a
way of encouraging the producers of
information and entertainment to publish
their work, and thus to share it with others.
Copyright owners have exclusive
rights to:
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Reproduce the work
Prepare a derivative work
Distribute the work
Perform the work publicly
Display the work publicly
Establishing Copyright
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In the USA, everything created privately
and originally after April 1, 1989 is
copyrighted and protected whether it
has a notice or not. (Berne Copyright
Convention). Copyright is established
the moment a work is fixed in tangible
form and lasts until 50 years after the
author dies.
Copyright notice
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Although not necessary, a notice of
copyright helps strengthen the
protection. The correct form of notice:
“Copyright [dates] by [author/owner]
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You may use © in a circle instead of
copyright but not (C) in parentheses.
Fair Use

Four factors are to be considered in
determining whether or not a particular
use of a copyrighted work is fair:
1. Purpose and character of the use
(nonprofit educational use vs.
commercial purposes)
2. Nature of the copyrighted work
3. Amount and substantiality of the portion
used in relation to the work as a whole
4. Effect of the use upon potential market
for value of the work.
Fair Use Purpose
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The intent of fair use is to allow for
criticism, commentary, news reporting,
research, education and parody about
copyrighted works NOT to allow schools
and educational institutions free rein to
use copyrighted materials, especially if
those works are published or viewed
outside of the classroom.
True or False

A history teacher taped the original ABC
news report showing Richard Nixon leaving
the White House after he resigned. She
made it at home on her personal VCR and
used her own tape. She uses the entire news
program every year in her classroom.
This is fair use.
Answer
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False
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Congress holds that videotapes of publicly
broadcast shows can only be shown for 10
days afterwards, unless the copyright holder
grants greater allowances for educators. The
time has long passed when she should have
asked permission or purchased the tape.
True or False
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A teacher rents “GONE WITH THE
WIND” to show the burning of Atlanta
scene to her class while studying the
Civil War.
This is fair use.
Answer
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True
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The video is a legal copy being used for
instructional purposes.
Trademarks and Patents
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A patent is a grant of exclusive rights issued
by the U.S. Patent and Trademark Office that
gives an inventor a 20-year monopoly on the
right to "practice" or make, use, and sell his or
her invention.
A trademark is any word, name, symbol, or
device, or any combination thereof, adopted
and used by a manufacturer or merchant to
identify his or her goods and distinguish them
from those manufactured or sold by others.
Computer Software and CD-ROMs
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Only load software on the number of
machines for which you have
permission.
Do not load drivers for CD-ROMs onto
multiple machines.
Upgrades of programs become your
legal copies - discard earlier versions.
Computer Software and CD-ROMs
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Do not load school software onto home
computers (and vice versa).
Follow shareware and freeware rules.
Old copies of software can be given
away (and not used at school anymore).
Multi-platform CD-ROM drivers can only
be loaded onto the one platform of
choice.
Computer Software and CD-ROMs
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You can legally use one program with
one child or group of children as long as
you’re only on one machine.
Anything a student creates belongs to
the student and not the school.
Before loading a program on another
computer it must first be deleted from
the previous computer (for one license).
Computer Software and CD-ROMs
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If a school consolidates or moves to a
new building, the software transfers as
well.
Purchasers are allowed to make one
backup copy of software for archival
purposes only.
Keep all software licensing
documentation.
True or False
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A teacher buys a single-user software
program with department money and puts it
on the local-area network. It is used by
several teachers at the same time. This is
done in violation of a written district policy
against using single-user programs on the
LAN. After 2 years the software company
takes action against the teacher. The district
is also liable.
Answer
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True.
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The district must enforce its written
policy, not just post it. Unendorsed
policy cost one large district over $1
million.
True or False
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Copyrighted material used in multimedia
projects may remain in the student’s
portfolio forever.
Answer
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True
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As long as the material is not publicly
distributed, the student may archive
his/her work.
What is a software license?
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A software license allows the purchaser
to use the software under certain
specified conditions. The license also
stipulates what the purchaser may or
may not do with the software.
Shareware
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Shareware allows users to try software
before purchasing it. If it is found to be
of use, the user then pays a fee to the
shareware author. The fee paid is
determined by the author (usually found
in a “read me” file with the software) and
is paid on the honor system.
Freeware
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The freeware software producer retains
the copyright to the product however no
fee is charged.
Freeware generally comes with many of
the restrictions found in shareware or
fee licensed software.
Public Domain
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Items placed intentionally into public
domain by the author/creator are not
copyrighted. Material on which the
copyright has expired is also considered
public domain.
Granting something to the public
domain is a complete abandonment of
all rights and derivative works can be
made and copyrighted from public
domain material.
Multimedia Fair Use Guidelines
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You may use:
– 10% or 3 minutes, whichever is less, of a
motion media work.
– 10% or 1,000 words, whichever is less, to
incorporate into a multimedia project.
– Up to 10%, but never more than 30
seconds, of music and lyrics.
True or False
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A student doing a multimedia report
discovers how to copy the QuickTime
movie of Kennedy’s “We shall go to the
moon” speech from a CD-ROM
encyclopedia. He places it in his
project. This is fair use.
Answer
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True
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The length of the clip and its use for
educational purposes support the fact
that this is fair use.
True or False
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An elementary school transcribes the
lyrics from the album “CATS” and puts it
on as the school mini-musical. A
teacher plays the music by ear on the
piano and the students perform every
song. There is no admission charge.
This is legal.
Answer
False
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The copyright holder sells the
performance rights to schools in a very
specific way. If you want “CATS”, buy
the performance rights. Sell tickets if
you have to!
True or False
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A student brings in an audio cassette
copy of the national anthem that he
copied from an audio CD lent to him by
a friend. Another student digitizes this
into a HyperStudio stack. This is fair
use.
Answer
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False
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For fair use, the copy must be legally
obtained. The student was using an
unauthorized copy. Francis Scott Key
may be dead, but the orchestra that
created the arrangement and created
the tape is probably alive and kicking.
Multimedia Fair Use Guidelines
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You may use:
– No more than 5 images by the same artist
or photographer. No more than 10% or 15
images, whichever is less, of a collective
work. (photos and illustrations).
– Up to 10% or 2500 fields or cells,
whichever is less, of a database.
Copyright and the Internet
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Under the guidelines of copyright,
media on the Internet is copyrighted—
whether it expressly says so or not.
Either ask and receive permission to
use copyrighted materials on your Web
site or use public domain or original
media.
True or False
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A student finds a photo online
dramatizing a pre-Columbian Viking
landing in America. Since the school
symbol is the Viking, he uses this photo
as a graphic element on the school’s
Web page – giving credit to the site
from which it was copied. This is fair
use.
Answer
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False
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Internet pages are copyrighted automatically.
The student cannot safely post (and therefore
re-copyright) anything for the general public
without permission—even if credit is given.
Use in a classroom report would have been
OK.
Linking to Web pages
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Like a street address, a URL for a Web
page is not copyrightable. Therefore,
listing a link on your Web site does not
require permission. However, copying
an entire list of links from another Web
page could be.
Linking to Web pages
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You also might want to:
– Remove a link to another person’s Web
page if asked to do so.
– Remove links to pages where you suspect
the author(s) have included materials
without the copyright owner’s permission.
Violation of Copyright
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Violation of copyright laws is usually a
civil matter, resulting in lawsuits instead
of criminal trials. However, if the case
involves more than 10 copies and a
value of over $2,500, it can be made a
felony. Under U.S. law, infringement
may result in civil damages of up to
$100,000 and/or criminal penalties of up
to five years imprisonment and/or a
$250,000 fine.
Following copyright laws and
guidelines allows you to:
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Be a good role model.
Support creative endeavors and the
ability to profit from them.
Avoid lawsuits and other trouble!
Sources
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Joseph, Linda C. (1999). CyberBee Copyright Workshop, [Online].
Available: World Wide Web: http://www.cyberbee.com/copyrt.html
McKenzie, Jamie. (1996). Keeping it Legal: Questions arising out of
Web site management, [Online]. Available: World Wide Web:
http://www.fno.org/jun96/legal.html
Northern Trails Education Agency (1999). To Copy or Not to Copy That is the Question, [Online]. Available: World Wide Web:
http://www.aea2.k12.ia.us/Tutorials/Copyright/Copyright_.html
O'Mahoney P.J. Benedict. (1995). Copyright Website, [Online].
Available: World Wide Web: http://www.benedict.com/
Software & Information Industry Association. (1999). Copyright
Glossary, [Online]. Available: World Wide Web:
http://www.siia.net/piracy/programs/glossary.htm
Templeton, Brad. 10 Big Myths About Copyright Explained, [Online].
Available: World Wide Web: http://www.clari.net/brad/copymyths.htm
U. S. Copyright Office. [Online]. Available: World Wide Web:
http://lcweb.loc.gov/copyright/
Intellectual Property
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The term intellectual property refers to
personal rights of ownership acquired
originally or derivatively from intellectual
creations. For example: copyrights,
trademarks, and patents.
Photocopying
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Teachers can do the following copying
for their own scholarly research, use in
teaching, or preparing to teach a class.
Multiple copies (one copy per student in
a course) can be made if it meets the
criteria of brevity, spontaneity, and
cumulative effect and if each copy
contains a notice of copyright.
Brevity
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A complete poem printed on no more than
two pages or an excerpt from a longer poem
not to exceed 250 words.
A complete article, story or essay of less than
2,500 words may be copied in its entirety. For
other kinds of prose, such as a play or novel,
a copy must not be more than 1,000 words or
10% of the whole, whichever is less. No
matter how short the work, one may copy an
excerpt of 500 words.
One chart, graph, diagram, cartoon, or picture
per book or periodical issue.
Spontaneity
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Copying is done by the teacher when
there is not a reasonable length of time
to request and receive permission to
copy.
Cumulative Effect
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The copying is only for one course and
only nine instances of multiple copying
per course during one class term is
allowed. Not more than one short poem,
article, story, essay or two excerpts may
be copied from the same author, nor
more than three from the same
collective work during one class term.
Children’s Picture Books
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Short works such as these are often
less than 2,500 words and cannot be
copied as a whole.
An excerpt of not more than two
published pages or 10% of the book,
whichever is less, can be copied.
You do not have permission to
copy if:
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Copying is done to create or replace or
substitute for anthologies, compilations,
or collective works.
The item is consumable (i.e. workbooks)
You are in any way substituting for
purchasing books, periodicals, etc.
You intend to charge the student more
than what the item actually cost to copy.
You intend to use it term after term.
Video Use at school must:
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Take place in a classroom or similar
place of instruction.
Be part of the regular instructional
process, not recreational.
Be in the course of face-to-face
teaching activities.
Be a lawfully-made or acquired copy.
Videotaping Guidelines
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Taped shows:
– Cannot be kept for more than 45 days after
the recording date.
– Can only be shown within the first 10 days
of that 45-day period.
– Can only be made through a teacher
request, not in anticipation of a need.
– Can only be shown two times within a
single class.
Videotaping Guidelines
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After 10 days the tapes can only be
reviewed by the teacher for possible
purchase and curriculum inclusion.
Duplicate copies of the same program
can be made to fill teacher requests.
Tapes cannot be altered in any way.
All copies must include copyright notice.
Videotaping Guidelines
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These guidelines apply only to nonprofit
education institutions, which are
expected to establish control
procedures to make sure these
guidelines are met.
Multimedia Fair Use Guidelines
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You may not have more than two
useable copies of a project.
As a teacher, you may keep projects for
approximately two years.
These guidelines apply to the classroom
setting. Once you go outside that setting
(i.e. to the Internet) you must obtain all
appropriate permissions.