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Copyright Chaos

Copyright Chaos

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Published by: Le Nguyen Nhu Anh on Oct 14, 2012
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An Educator's Guide to Copyright Law and ―Fair Use‖

Copyright Chaos

Presentation created for the Intel® Teach Program Essentials Course

Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Copyright 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 March 1, 1989 is copyrighted and protected whether it has a notice or not.

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Items Not Copyrighted

• Examples of what are not protected by copyright
law
– Works that have not been written or recorded – Ideas, procedures, methods, discoveries, etc. as distinguished from a description, explanation, or illustration – Works consisting entirely of common information or compilations (for example: standard calendars, tape measures and rulers, telephone book, etc.) – Items in the public domain (all works created before 1923 and most between 1923-1963) – Most U.S. government materials (some items created by contractors for the government might be copyrighted) – Facts

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Fair Use Clause
Fair use is a 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 Research

(Sec. 107 of the Fair Use Provision of the Copyright Act)

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Four Factors Help Determine Fair Use
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
– – You must be using it for educational use, not just using it in a school environment Fair use applies more narrowly to highly creative works—in comparison to those that are mostly fact-based in nature

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
– Consideration of quantity & quality...using only what is necessary and not the ―heart‖ of the work

4. The effect of the use upon the potential market for or value of the copyrighted work
– The copying should not harm the market for the original work

Copying materials from ―consumables,‖ such as workbooks, weigh heavily against fair use

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Fair Use Guidelines

• The Fair Use Guidelines for Educational • However, it is

Multimedia was created to provide guidance on what actually falls within fair use
– Not a legal document – Only an interpretation of the law – Only applies to educators who produce multimedia

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Guidelines for Students
Students and educators have separate guidelines. Students may:

• Incorporate portions of lawfully acquired copyrighted works

when producing their own educational multimedia projects for a specific course; which they were created; and

• Perform and display their own projects in the course for • Retain them in their own portfolios as examples of their
academic work for later personal uses such as job and school interviews.

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Educator Guidelines
Educators may:

• Incorporate portions of lawfully acquired copyrighted works • Retain their projects indefinitely for the following
purposes:

when producing educational multimedia projects to support their teaching needs

– To perform or display in presentations to their peers, for example, at workshops and conferences – To retain in their personal portfolios for personal uses such as promotion or job interviews

• Use their projects for teaching, for a period of up to two
years after the first instructional use with a class.
– Instructional use beyond that time period requires permission for each copyrighted portion incorporated in the production.

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Guidelines In Order to Stay Within Fair Use
Of the copyrighted work, use the smallest amount of: Motion Media Text 10% or 3 minutes 10% or 1000 words

Poetry

250 words; no more than 3 poems by same author; no more than five poems from any single anthology
10% or 30 seconds

Music, Lyrics, Video

Photos & Illustrations 5 images from one author; Not more than 10% or 15 images from a single published collected work Numerical Data Sets 10% of 2500 fields or cells

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Attribution and Acknowledgement
Credit your sources and display the copyright notice © and copyright ownership information.

• Crediting the source:
– Give a full bibliographic description with the information that is available (including author, title, publisher, and place and date of publication).

• Display copyright notice:
– Under pictures, add the copyright ownership information: • © (the copyright notice) • year of first publication • name of the copyright holder – Example: © 2001 Company/Person’s Name
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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Future Uses Beyond Fair Use If there is a possibility that a project could result in broader dissemination (for instance, publication on the Internet): obtain permissions when you create it, rather than waiting.

• Sample permission letters are available on the
Curriculum Resource CD
– Resources folder, Copyright Resources • Permission letters to copyright owners • Permission letters to parents to publish student work • An example letter to use in this course

11

Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Guidelines

• Remember... these are guidelines, not laws. • However, the further you venture from these
guidelines, the more likely you are to be outside of ―fair use.‖

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Software Copyright
What about software?

• Use of software does not fall under fair use!
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
boards

• Download copyrighted software from the Internet or bulletin • Load the software your school purchased onto your computer
at home

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

For Copyright and Fair Use

Resources

Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Resources
• •
Additional resources to help you and your students understand and follow copyright law and fair use guidelines are located in the Resources, Copyright Resources folder on the Curriculum Resource CD. ―Fair Use Guidelines For Educational Multimedia‖ Prepared by the Educational Multimedia Fair Use Guidelines Development Committee, July 17, 1996 www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm ―Fair Use Of Copyrighted Materials‖ by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm ―Copyright Basics‖ by the U.S. Copyright Office www.copyright.gov/circs/circ1.html ―The Copyright Website‖ by Benedict O’Mahoney www.benedict.com

• • • •

―Copyright Law in the Electronic Environment‖ by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/faculty.htm

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Resources

―10 Big Myths about Copyright Explained‖ by Brad Templeton www.templetons.com/brad/copymyths.html


―Duhaime's Legal Dictionary‖ by Lloyd Duhaime www.duhaime.org/diction.htm
―Copyright Term and the Public Domain in the United States‖ by Peter B. Hirtle, Cornell Institute for Digital Collection www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm ―Rules Of Thumb For Digitizing And Using Others' Works In Multimedia Materials For Educational Purposes‖ by Georgia Harper, University of Texas www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#mm

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Resources

―Rules Of Thumb For Coursepacks‖ by Georgia Harper, University of Texas www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#course

―A Proposal For Educational Fair Use Guidelines For Digital Images‖ by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm
List of Links to Other Copyright Sites by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/offsite.htm ―Fair Use Guidelines for Multimedia‖ by Intel® Education www.intel.com/education/newtotech/fair_use_multimedia.htm

• •

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Information on Software Copyright

―Fact Sheet on School Software Use‖ by Software & Information Industry Association (SIIA) www.siia.net/piracy/pubs/SchoolSoftwareUse.pdf


―Digital Anarchy: Part One of an Analysis of Software Piracy‖ by David Laprad www.avault.com/articles/getarticle.asp?name=warez1&page=1
―The Federation Against Software Theft (FAST)‖ (United Kingdom organization) www.fast.org.uk


―Anti-Piracy FAQ‖ by Software & Information Industry Association (SIIA) www.siia.net/piracy/faq.asp
―Permissible Copying of Software‖ by Georgia Harper, University of Texas www.utsystem.edu/OGC/IntellectualProperty/mono2.htm

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Use of this Presentation

• This presentation is copyrighted by Intel.
– It may be used, with copyright notices intact, for notfor-profit, educational purposes.

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Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

Programs of the Intel Education Initiative are funded by the Intel Foundation and Intel Corporation. Copyright © 2007 Intel Corporation. All rights reserved. Intel and Intel Education are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. *Other names and brands may be claimed as the property of others.

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