To Our

Presentation

Intellectual
Property/Copyright/Ethics:
Implication to teachers and students

(SGDT5063: Technology Planning &
Management in Education)



Prepared for:
PM Dr. Ahmed Jelani Shaari
Prepared by:
Abdullah Al-Mahmood (805016)
Md. Shamsul Islam (805028)
Md. Abdur Rashid (805026)
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Intellectual Property
• Intellectual property (IP) refers to
creations of the mind: inventions, literary
and artistic works, and symbols, names,
images, and designs used in commerce.


Source: http://www.wipo.int/about-ip/en/index.html

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Categories of Intellectual Property
• Industrial property, which includes inventions
(patents), trademarks, industrial designs, and
geographic indications of source
• Copyright, which includes literary and artistic works
such as novels, poems and plays, films, musical
works, dance, artistic works such as drawings,
paintings, photographs , sculptures, and architectural
designs
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Cont…
• Rights related to copyright include those of
performing artists in their performances,
producers of phonograms in their recordings,
and those of broadcasters in their radio and
television programs.

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What is “copyright”?
Copyright is a legal term
describing rights given to
creators for their literary
and artistic works.



Source: http://www.wipo.int/about-ip/en/index.html

Cont…
• “The statutory
privilege extended to
creators of works that
are fixed in a tangible
medium of
expression.”

(Bruwelheide, 1995)
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Importance of copyright
• Respect intellectual rights of creators of information
• Reward creativity of authors, artists, musicians, etc.
• Legal mandate
• Model proper behavior for students, teachers, and
other members of educational community
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What is covered by copyright?
• literary works such as novels, poems, plays, reference
works, newspapers and computer programs;
databases;
• films, musical compositions, and choreography;
• artistic works such as paintings, drawings,
photographs and sculpture; architecture;
• and advertisements, maps and technical drawings.

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What is not covered by copyright?
• ideas
• facts
• recipes
• blank forms
• stock literary devices
• works lacking originality (e.g. the phone book)
• names, titles or short phrases
• works from the federal government

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Limitations on Copyright

Library and classroom exemptions
Fair use
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Duration of Copyright

Copyright in a literary work, lasts for the-

 Author’s lifetime plus 50 years from the end of
 The calendar year in which the author dies
 50 years for films and sound recordings
 25 years for typographical arrangements of a
published edition


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Cont…

 Moral rights last for as long as Copyright and can not
be assigned
 An author may waive his/her moral rights by signing
an agreement to that effect
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Ethics

 Ethics is a branch of philosophy which seeks to
address question about morality, that is about
concepts like good and bad, right and wrong,
justice, virtue, etc.
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WIPO


 The World Intellectual Property Organization (WIPO)
is a specialized agency of the United Nations.
 It is dedicated to developing a balanced and
accessible international intellectual property (IP)
system, which rewards creativity, stimulates
innovation and contributes to economic
development while safeguarding the public interest
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About WIPO
 WIPO was established by the WIPO Convention in
1967 with a mandate from its Member States to
promote the protection of IP throughout the world
through cooperation among states and in
collaboration with other international organizations
 Its headquarters are in Geneva, Switzerland
 The Director General is Francis Gurry

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Strategic Goals of WIPO

 Balanced Evolution of the International Normative
Framework for IP
 Provision of Premier Global IP Services
 Facilitating the Use of IP for Development
 Coordination and Development of Global IP
Infrastructure
 World Reference Source for IP Information and
Analysis

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Cont...
 International Cooperation on Building Respect for IP
 Addressing IP in Relation to Global Policy Issues
 A Responsive Communications Interface between
WIPO, its Member States and All Stakeholders
 An Efficient Administrative and Financial Support
Structure to Enable WIPO to Deliver its Programs

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World Intellectual Property Day - April 26

On World Intellectual Property Day this
year,
WIPO's focus is on promoting green
innovation
as the key to a secure future.
2009 WORLD IP DAY
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Collection of Laws for Electronic
Access(CLEA)
 CLEA database provide access to intellectual property
legislation from wide range of countries and regions
as well as to treaties on intellectual property.
 Acts of
 USA
Malaysia
Bangladesh

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Infringement Penalties
• $250 - $10,000 per infringement for standard
violations
• Up to $250,000 per infringement for serious
violations
• Software infringement - now a felony
• Employees can lose their jobs.
• Teachers can lose their teaching certificate!
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Who is liable?
• Classroom Teachers
• Library Media Specialists
• Principals
• Curriculum Coordinators
• Superintendents
• Boards of Education
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Indirect Liability
• Contributory (Library Media Specialists)
• Checked out equipment
• Checked out resources
• Vicarious (Library Media Specialists,
Administrators, Others)
• Knew of infringement but did not report it
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“…but I didn’t know!”
• Called “Innocent Infringement”
• Occurs when infringer was unaware that
material was copyrighted
• No excuse if work properly displays copyright
© notice
• Since 1976 all works considered copyright
protected
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What is “Fair Use”?
• Gives certain users conditional permission to
use copyrighted materials if certain criteria are
met
• Protects freedom of speech
• Promotes public benefits like education
• Applies to all types of media
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Educational Exemption, but…
• Not free license to copy anything you want
• Cannot copy in place of purchasing
• Cannot copy in anticipation of purchasing
• Cannot copy in anticipation of a request
• Allows for spontaneity of use
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Copyright Act: Section 107
• “ … the fair use of a copyrighted work,
including such use by reproduction in copies
or phonorecords or by any other means
specified by that section, for purposes such as
criticism, comment, news reporting, teaching
(including multiple copies for classroom use),
scholarship, or research, is not an
infringement of copyright …”
Fair Use Provision 107 & 108 of U.S. Copyright Act
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4 Key Factors of Fair Use
• Purpose and character of the use
• Nature of the copyrighted work
• Amount and substantiality of the portion used
in relation to the copyrighted work as a whole
• Effect of the use upon the potential market for
or value of the copyrighted work
Factor 1: Purpose
• Key Issue: How are you
using the work?
– Remember that “non-
profit education purposes”
is the critical language
– Evaluate the work’s
purpose in your lesson
plans
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Factor 2: Nature
• Key Issue: Some works are
deemed more “copyright
worthy” than others
– Using factual works is often more
permissible than using fictional
works
– Using published works is often
more permissible than using
unpublished works
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Factor 3: Amount
• Key Issue: Is the amount &
portion of the work used
reasonable in relation to the
purpose of the
use, i.e. “no more taken than
was necessary”
– Evaluate the percentage of
work used
– Evaluate the critical or key
portions of the work
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Factor 4: Effect
• Key issue: Will your use of the
work be financially beneficial to
you OR prevent the creator
from financially benefiting?
– Evaluate if your use harm’s the
creator current or potential
profits
– Evaluate if you will profit
financially from using the
creator’s work
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Beware the “Fair Use Excuse”
• Never assume that
your use falls
under the fair-use
exception!
• “Saving money” is
not a sufficient
excuse
• Laziness can be a
trap!
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Get it in writing!
• Still unsure? Just ask for help from a
knowledgeable source
• When you need permission from the creator,
request it!
• Faxed or mailed permission is best
• Always ask permission before you use the
work
There’s always an exception
• “Work for hire”
does not belong to
the creator
• An employer may
own your
intellectual
property – possibly
even work you do
on your own time
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Specifics on Fair Use
So what exactly can teacher do?
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Print Resources
• For research, teaching, or lesson preparation a
teacher may copy...
– One chapter from a book
– One article from periodical or newspaper
– Short story, short essay, short poem
– Chart, graph, diagram, drawing, cartoon, or
picture from book, periodical, or newspaper
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Print Resources (Cont.)
• A teacher may not...
– Copy “to create or to replace or to substitute for
anthologies, compilations, or collective works.”
– Copy from consumable products
– Copy to substitute for purchasing resources
– Copy at direction of superior, i.e. principal
– Copy same item each semester
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Print Resources (Cont.)
• A teacher may make multiple copies for
classroom use if...
– only one copy of each item per student is made
(classroom set)
– each item copied is for classroom discussion
– each copy includes a notice of copyright
– each item meets the three tests for copying...
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Internet Materials
• Unless specifically stated, everything is copyright
protected
• Fair Use guidelines apply
• May not take material from one site and re-post it to
another Internet site
• May post on a protected school/district intranet
• May include links to other sites under “implied public
access”
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Multimedia Projects
• Moving Images: Video, Laserdisc, DVD
• Still Images: Graphics, Scanned images,
Photos, Pictures
• Music: Tapes, CDs,
• Computer Software: CD-ROM
• Internet
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Multimedia Projects (Cont.)
• Student may:
– Use copyrighted works in multimedia projects
– Perform and display multimedia projects for
academic assignments
– Include their multimedia projects in electronic
portfolios for assessment purposes
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Multimedia Projects (Cont.)
• Best practice:
– Invest in copyright free images, music & video
clips created especially for multimedia projects
– Use royalty-free images, music & video clips
available on Web
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How much can I use?
• Motion images - up to 10% or 3 minutes -
whichever is less
• Text - up to 10% or 1000 words - whichever is
less
• Music - up to 10% or 30 seconds, whichever is
less
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How much can I use?
• Photos and images - up to 5 works from one
author; up to 10% or 15 works, whichever is
less, from a collection
• Database information - up to 10% or 2500
fields or cell entries, whichever is less
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Resources:
 Bruwelheide, J. H. (1995). The Copyright Primer for Librarians
and Educators. New York: American Library Association.
 Bielefield, A. & Cheeseman, L. (1999). Technology and
Copyright Law: A Guidebook for the Library, Research, and
Teaching Professions. New York: Neal-Schuman Publishers
 Simpson, C. M. (1994). Copyright for School Libraries: A
Practical Guide. CA: Linworth Publishing.
 ppt. slides of Dr. Abdul Malek Abdul Karim about “copyright &
wrong”.
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Resources:
 http://www.wipo.int/about-ip/en/index.html
 http://en.wikipedia.org/wiki/Ethics
 Intellectual Property in the 21st Century - The Japanese
 Experience in Wealth Creation
 Intellectual Property and Small and Medium-Sized Enterprises
 Electronic Commerce Programs and Activities
 Internet Domain Name Disputes: Questions and Answers
 Intellectual Property and Genetic Resources, Traditional
 Knowledge and Folklore

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