© 1999 intel. all rights reserved. presentation created for the intel ® teach to the future...

© 1999 Intel. All rights reserved.

Presentation created for the

Intel® Teach to the Future programby Judi Edman Yost

Institute of Computer Technology

Rev. 6/10/00


If you have drawn a picture, written a song, or taken a photo, you own the copyright (even if you don’t put a © symbol on it).

True or false?


If you have drawn a picture, written a song, or taken a photo, you own the copyright (even if you don’t put a © symbol on it).

True


What do you have to do legally to use a copyrighted work in something you’re going to post to the Internet?

a. Copy and paste it.

b. Cite the source.

c. Get the creator’s permission.

d. Nothing


What do you have to do legally to use a copyrighted work in something you’re going to post to the Internet?

c. Get the creator’s permission.


You can use any picture on the Internet legally in something you’re going to publish.

True or false?


You can use any picture on the Internet legally in something you’re going to publish.

False


How long does copyright last?

a. 10 years

b. 50 years

c. the life of the creator

d. the life of the creator + 70 years


How long does copyright last?

d. the life of the creator + 70 years


You can’t legally use anything copyrighted without contacting the creator and getting permission.

True or false?


You can’t legally use anything copyrighted without contacting the creator and getting permission.

Usually true, but not always…


• There is a way for creators to give you permission to share without you having to ask.

• Someone who owns a copyrighted work can choose to share by licensing their work under Creative Commons.


Some examples

• The Beastie Boys, Nine Inch Nails, and others have licensed music under Creative Commons.

• Everyone who adds things to Wikipedia agrees to share it under a “some rights reserved” license.

• Some people are writing open licensed textbooks. These could save college students thousands of dollars.


CC BY – You can use however you want; just cite the source.

CC BY SA – You can use however you want, but you must cite the source AND license your work under a sharing license.

CC BY ND – You can use the work but you can’t change it or put it into a bigger work; also cite the source.

CC BY NC – You can use only if it is noncommercial (you can’t charge $); cite the source.


Other Licenses

• Public domain – You can do whatever you want with it (mostly government stuff)

• GFDL (Wikipedia uses this) – Share alike license


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


But…But...

• Just because something is on the Web or posted to Usenet does not mean it is not copyright protected.

• Even if something is sent to you via email, it does not mean it is free for you to use.

• You should assume a work is copyrighted and may not be copied, unless you know otherwise.


What is “fair use”?Sec. 107 of the Fair Use Provision of the Copyright Act states:“Limitations on exclusive right: Fair use. Notwithstanding the provisions of sections 106 and 106A, 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.”


“In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

– the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes...”



– the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

– the nature of the copyrighted work;




– the nature of the copyrighted work; – the amount and substantiality of the portion

used in relation to the copyrighted work as a whole; and




– the nature of the copyrighted work; – the amount and substantiality of the portion

used in relation to the copyrighted work as a whole; and

– the effect of the use upon the potential market for or value of the copyrighted work.”


Students & Educators have Separate Guidelines

• Students may:– incorporate portions of lawfully acquired

copyrighted works when producing their own educational multimedia projects for a specific course;

– perform and display their own projects in the course for which they were created; and

– retain them in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.


Educator Guidelines

• Educators may 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.


Limitations on Size/Portionsfor both Educators and Students

• Motion Media– Up to 10% or 3 minutes, whichever is less,

of a single copyrighted motion media work.

• Text Material– Up to 10% or 1000 words, whichever is

less, of a single copyrighted work of text.


• Text Material - Poems– An entire poem of less than 250 words,– but no more than three poems by one poet, – or five poems by different poets from any single

anthology.

• In poems of greater length:– up to 250 words, – but no more than three excerpts by a single poet,– or five excerpts by different poets from a single

anthology.

Limitations on Size/Portions


Music, Lyrics, and Music Video– Up to 10%– but no more than 30 seconds of music

and lyrics from a single musical work– Any alterations to a musical work shall

not change the basic melody or the fundamental character of the work



• Illustrations and Photographs:– A photograph or illustration may be used in

its entirety.– No more than 5 images by an artist or

photographer.– Not more than 10% or 15 images,

whichever is less, from a single published collected work.



• Numerical Data Sets– Up to 10% or 2500 fields or cell entries,

whichever is less, from a database or data table.

A field entry is a specific item of information in a record of a database file.

A cell entry is the intersection where a row and a column meet on a spreadsheet.



Copying and Distribution Limitations

• Including the original, only a limited number of copies may be made of a project: – Two use copies, one of which may be placed on

reserve.– An additional copy for preservation to be used or

copied only to replace a use copy that has been lost, stolen, or damaged.

– For jointly created projects, each principal creator may retain one copy but only as permitted by use and time restraints previously outlined.


Attribution & Acknowledgement• Credit the sources and display the

copyright notice © and copyright ownership information for all incorporated works including those prepared under fair use.

• Copyright ownership information includes:– © (the copyright notice)– year of first publication– name of the copyright holder


Attribution & Acknowledgement• Crediting the source:

– Give a full bibliographic description where available (including author, title, publisher, and place and date of publication).

• The credit and copyright notice information may be combined and shown in a separate section of the educational multimedia project…Except for images:– Copyright notice and the name of the creator

must be incorporated into the image so that it appears on the screen when the image is viewed.


Notice of Use Restrictions

• The opening screen of a program and any accompanying print material must include a notice that:– Certain materials are included under the

fair use exemption of the U.S. Copyright Law;

– Materials are included in accordance with the multimedia fair use guidelines; and

– Materials are restricted from further use.


Future Uses Beyond Fair Use

If there is a possibility that a project could result in broader dissemination [for instance, publication on the Internet], whether or not as a commercial product, individuals should take steps to obtain permissions during the development process rather than waiting until after completion of the project.


Obtaining Permission When You Need it

Getting Permission http://www.utsystem.edu/OGC/IntellectualProperty/permissn.htm

Sample Letter Requesting Permission http://www.

utsystem.edu/OGC/IntellectualProperty/permmm.htm

Copyright Permission Form Letterhttp://www.utc.edu/Teaching-Resource-Center/copy_per.html

Obtaining Permissionshttp://www.cetus.org/fair7.html

http://www.utsystem.edu/OGC/IntellectualProperty/permmm.htm

http://www.utsystem.edu/OGC/IntellectualProperty/offsite.htm

http://www.benedict.com/

http://www.spa.org/piracy/programs/sftuse.htm%23use

http://www.spa.org/piracy/programs/share.htm%23shareware

http://www.spa.org/piracy/programs/Q&a.htm

http://www.utsystem.edu/OGC/IntellectualProperty/mono2.htm

http://www.fast.org.uk/

http://www.avault.com/articles/warez1_1.asp





If you look at Nothing Else...Check out the web site created by Georgia Harper, the manager of the Intellectual Property Section of the Office of General Counsel for the University of Texas System. This web site gives a clear introduction on Fair Use, plus information on liability, whether you need permission to copy, the University of Texas’ “Rules of Thumb,” clear examples in the “Four-Factor Test,” and how to get permission when needed.

Fair Use Of Copyrighted Materials http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm

http://www.utsystem.edu/OGC/IntellectualProperty/faculty.htm


This presentation is copyrighted by Intel.

However, it may be used, with copyright notices intact, for not-

for-profit, educational purposes.

This presentation also contains elements created by Karen Fasimpaur. It is licensed under CC-BY.

Background image courtesy of MorgueFile; photo by Carlos Paes.

© 1999 intel. all rights reserved. presentation created for the intel ® teach to the future...

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