Copyright/Fair Use Guidelines for Educators

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1 Copyright/Fair Use Guidelines for Educators "Certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use."

2 Presume EVERYTHING IS OWNED [copyrighted, patented, trademarked]

3 What is Copyright? The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.

4 FAIR USE LETS YOU USE OTHERS WORKS

5 Sometimes you need to ask for permission ahead of time. Sometimes, it s free. SOMETIMES YOU MUST PAY A FEE.

6 NO HIGHER AUTHORITY CAN DIRECT YOU TO BREAK THE LAW.

7 IF YOU BREAK THE LAW, YOU ARE LIABLE, NOT THE SCHOOL

8 AND THAT S BECAUSE THE SCHOOL PROVIDES INFORMATION AND INSTRUCTION ON COPYRIGHT LAW & FAIR USE

9 E d u c a t i o n a l p u r p o s e i s NOT always FAIR USE. Out-of- print does NOT mean out-of-copyright. WWW is NOT public domain.

10 What is Copyright? Copyright laws grant exclusive rights to the owners of an original work Such as: Literary, musical, artistic

11 Copyright... Work Must Be: Original expression Fixed in a tangible form Begins: At the moment original work is fixed Example: Graphic created in PhotoShop is protected as soon as saved to disk.

12 Copyrightable Materials Literary Works, including any accompanying words Musical Works, including any accompanying music Dramatic Works Pantomimes and Choreographic Works Pictorial, Graphic, and Sculptural Works Motion Pictures and Other Audiovisual Works Sound Recordings

13 Not Copyrightable Materials Facts Words and short phrases such as names, titles, and slogans Familiar symbols and designs Public Information (phone book, Gov. works) Public Domain prior to 1923 Between 1923 and 1978 without

14 PUBLIC DOMAIN DETAILS Published Before 1923 Between 1923 and 1978 Between 1978 and March 1, 1989 Conditions None Published without a copyright notice Published without copyright notice, and no subsequent registration Public Domain Status Now in public domain Now in public domain Now in public domain Between 1923 and 1963 Between 1923 and 1963 Between 1964 and 1978 After March 1, 1989 Published with copyright notice, but not renewed Published with copyright notice and was renewed Published with copyright notice None (no copyright notice needs to appear) Now in public domain (85% of copyrights were not renewed) 95 years after publication date 95 years after publication date 70 years after death of author; or if work of corporate authorship, either 95 years from publication or 120 years from creation, whichever is shorter

15 Statutory Exceptions Fair Use ( 107) Libraries and Archives ( 108)

16 What is Fair Use? Four Factors from 107 of the 1976 Copyright Act: 1. Purpose education vs. commercial 2. Nature fact vs. fiction 3. Amount and substantiality 4. Effect on market or value

17 Fair Use Defined Part of the United States Copyright Law It allows people to use and make copies of copyrighted works if they are using them for: criticism, comment, news reporting, teaching, scholarship, or research

18 Student Use: Students may perform and display their own educational multimedia projects created under Section 2 of these guidelines for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews

19 There are 'Fair Use' Limitations, the first of which is: 4.2 Portion Limitations Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects under these guidelines regardless of the original medium from which the copyrighted works are taken.

20 4.2.1 Motion Media Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion... media work may be reproduced or otherwise incorporated Text Material Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work... consisting of text material may be reproduced or otherwise incorporated

21 4.2.3 Music, Lyrics, and Music Video Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), Illustrations and Photographs The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated...

22 4.2.5 Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced or otherwise incorporated Time Limitations Educators may use their educational multimedia projects created for educational purposes......for teaching courses, for a period of up to two years after the first instructional use with a class. Use beyond that time period, even for educational purposes, requires permission... Students may use their educational multimedia projects as noted in Section 3.1.

23 6.3 Notice of Use Restrictions Educators and students are advised that they must include on the opening screen of their multimedia program and any accompanying print material a notice that says: "Certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use."

24 Going Over the Limits When asking for permission, include: title, author and/or editors, and edition of material exact material to be copied giving amount and page numbers number of copies to be made use to be made of the copied materials form of distribution (classroom, newsletter, etc.) whether or not the copies are to be sold type of reprint (photocopy, offset, etc.)

25 IF THESE ARE FAIR USES Then what is PLAGIARISM?

26 Fair Use or Plagiarism? Why isn t plagiarism a fair use? Because a complete citation must accompany any fair use of another s work.

27 Plagiarism? When you quote directly from a publication Use quotation marks Use proper citation format (Author, 8) OR (author, 1999, 8) OR full footnote or endnote

28 Plagiarism is not always willful. Sometimes the inexperienced writer forgets to attribute his paraphrasing efforts.

29 Plagiarism When you paraphrase Attribute your source in a footnote or endnote just as if you had quoted directly

30 Plagiarism is fraud. It is using someone else s words or art without attribution and passing it off as your own. Copyright infringement is using & citing someone s work without permission nor compensation to the rights holder. If there is a citation, it is not plagiarism.

31 Schools enforce Plagiarism. The courts enforce copyright infringement!

32 FILE SHARING RIAA (Recording Industry Association of America) successfully sued for sharing music using campus servers. The Universities were NOT sued.

33 FILE SHARING File sharing = distribution Unlawful, unauthorized distribution, reproduction of copyrighted works

34 FILE SHARING is a violation of 106 of Title 17, U.S. Code Exclusive right of author/creator to reproduce and distribute

35 FILE SHARING - THEORY PEER 2 PEER, P2P, Theory: Sampling Previewing Not meant to substitute for purchase of music or movies or software Meant to facilitate long distance collaboration between researchers and creators.

36 Liability Issues what you need to know 3 TYPES OF INFRINGEMENT Direct infringement - knowledge of infringement Contributory infringement you must either have knowledge, i.e. faculty directed or you must materially contribute, i.e. university equipment used Innocent infringement - very rare on a university campus Staff (button pusher) responsibility KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY

37 Recent Legislation jail time was added for willful infringement Digital Millenium Copyright Act passed into law, October DMCA Sonny Bono Term Extension - 20 years TEACH Act passed November 2002 some fair use in digital materials

38 The Sonny Bono Copyright Act The Sonny Bono Copyright Term Extension Act of 1998 extended the duration of U.S. copyrights by 20 years. Before the act, copyrights lasted for the life of the author plus fifty years. (Public Domain)

39 What should everyone know about copyright? Work is protected from the moment the pen meets the paper No registration with the Library of Congress is required for protection No is required We are all rights holders!

40 Your Responsibilities As students and citizens in these labs, or on your own PC, it is your responsibility to: Observe the above restrictions. Learn proper methods of attribution, acknowledgment and citation for each reference in each paper or project. Resist the temptation to ignore any of the limitations just this once. Remember: These are not your personal rules. You are only doing as instructed in order to protect the university or school at which you work.

41 Clearing Up Copyright Misconceptions Registration is NOT required. Copyright Symbol is NOT required. Permission for use is REQUIRED from the copyright holder regardless of: Size/Amount of material used. Credit given to creator. Intent of user is positive or beneficial. Free or non-profit use. Availability on the WWW.

42 Fair Use Qualifications: Limitations on the specific rights of copyright owners Criticism (film clip during a review) Comment (satire: 2 Live Crew/Roy Orbison) News Reporting Scholarship Research Teaching

43 Print Media For educational use, a teacher may make a single copy of a chapter, article, short story, etc. Multiple Copies may be made for a class (1 per student) *if it meets the spontaneity test. The inspiration to use the materials MUST have occurred close to the use prevented purchase or permission. Copying must *not substitute for a purchase. Does not allow for reproduction of consumables: Workbooks, study guides, etc.

44 Videos You may use a videotaped version of a broadcast for 10 school days. Retain a videotaped copy of a program for 45 days (evaluation purposes)---after which it must be erased. Some channels grant unique rights to educators---check with them directly. (Discovery, History, PBS, etc) May make an archival copy of videos that you have purchased. Media Specialists may not record a program without instruction---a teacher *must request it.

45 Digital Millenium Copyright Act Passed 1998 Publishing to the Web is the SAME as publishing a book. All of the print regulations apply! All things online are protected by copyright!

46 The Power of Parody Parody is the only aspect of Fair Use that is stronger and broader now than it was 20 years ago. Therefore, borrowing to subtract is afforded much more protection than borrowing to build

47 Fair Use and Parody: What s a parody? Does it matter if the parody is in bad taste, or not funny?

48 Annie Leibovitz Naked Gun Case

49 Annie Leibovitz Naked Gun Case Paramount Pictures superimposed comic actor Leslie Neilsen's face over a portrait of a pregnant Demi Moore to promote the film, "Naked Gun 33 1/3." Photographer Annie Leibovitz sued Paramount over its use of the copyrighted photo, which she originally shot for the cover of Vanity Fair magazine. In this Dec. 19, 1996 order, a federal judge threw out the lawsuit, ruling that Parmount's ad was a parody and a fair use of the copyrighted work.

50 Let s Quiz what you have learned!

51 Question 1 A student snaps in half a CD-ROM the teacher really needed for her next class. The teacher decides to make a back-up copy of all her crucial disks so it never happens again. This is permissible. True. Technically, this should be done in the library. The law allows archival copies, and, in some cases, lost, stolen, or damaged originals may be replaced with copies if the originals are unavailable or unreasonably priced.

52 Question 2 A technology coordinator installs the one copy of Photoshop the school owns on a central server so students are able to access it from their classroom workstations. This is a violation of copyright law. False. As long as one copy is not being used simultaneously, it's OK to distribute the software via the server. However, when districts or schools fail to monitor and enforce simultaneous use, they get in trouble. (On a network it's easy to track if a program is being used in more than one location.)

53 Question 3 A geography teacher has more students and computers than software. He uses a CD burner to make several copies of a copyright interactive CD-ROM so each student can use an individual copy in class. This is fair use. False. Just as with a print encyclopedia, one student at a time has access to a piece of software. The number of students who can use a software program simultaneously is restricted to the number of copies the school owns (but be sure to check out #2 above).

54 Question 4 A middle school science class studying ocean ecosystems must gather material for multimedia projects. The teacher downloads pictures and information on marine life from various commercial and noncommercial sites to store in a folder for students to access. This is fair use. True. The Web may be mined for resources. Download away (of course, don't hack into subscription sites)! But remember: you can't put these projects back up on the Web without permission from the copyright holders.

55 Question 5 A student film buff downloads a new release from a Taiwanese Web site to use for a humanities project. As long as the student gives credit to the sites from which he's downloaded material, this is covered under fair use. False. Educators may use "legitimately acquired" material without asking permission, but many filesharing sites are suspect in this area. Use common sense to determine if those peer-to-peer resources are legitimate or pirated.

56 Question 6 A teacher gets clip art and music from popular file-sharing sites, then creates a lesson plan and posts it on the school Web site to share with other teachers. This is permissible. False. Legitimately acquired material can be used in classrooms. However, under the current law, no teacher can redistribute such material over the Net or any other medium. You can use it, but you can't spread it around.

57 Question 7 A teacher videotapes a rerun of Frontier House, the PBS reality show that profiles three modern families living as homesteaders from the 1880s did. In class, students edit themselves "into" the frontier and make fun of the spoiled family from California. This is fair use. True. Video can be pulled into multimedia projects.

58 Question 8 A student tries to digitize the shower scene from a rented copy of Psycho into a "History of Horror" report. Her computer won't do it. The movie happens to be on an NBC station that week, so the teacher tapes it and then digitizes it on the computer for her. This is fair use. True. Manufacturers are instituting blocking technology, authorized under the law, so newer material like VHS rentals and DVDs block educators from their constitutional right to use material for teaching.

59 Question 9 On Back-to-School night, an elementary school offers child care for students' younger siblings. They put the kids in the library and show them Disney VHS tapes bought by the PTA. This is permissible False. Video (like everything else) is not covered under fair use for entertainment or reward. The use described is entertainment, pure and simple. However, Disney will sell you a one-time license for $25 that makes this legal use. Call Disney at (818) , ask for "Rights," and prepare to trade faxes.

60 Question 10 A number of students take digital pictures of local streets and businesses for their Web projects. These are permissible to post online. True. You may use the images in projects and post such images on the Web. Some sites, like Disneyland and architectural landmarks, may be considered copyright material, however, and might ask you to remove the image. People (not selectively chosen) in public places are as a rule OK in photographs

61 Question 11 A high school video class produces a DVD yearbook that includes the year's top ten music hits as background music. This is fair use False. This is not fair use. Yearbooks are not generally intended to be instructional. Plus, it's not permissible to use entire songs. If you're using pieces of songs and analyzing them as a reflection of the times students lived in, that's different

62 Question 12 Last year, a school's science fair multimedia CD-ROM was so popular everyone wanted a copy of it. Everything in it was copied under fair use guidelines. It's permissible for the school to sell copies to recover the costs of reproduction. False. Fair use allows educational use of copyright material, true, but it does so only if there is no anticipation of wider distribution.

63 Questions?

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