Transcript File - Mr. Rocha, Business Education

Copyright and Licensing
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 1977 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 95 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
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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.
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.
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.
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.
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.
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.
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.
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/