copyright chaos student_version

© 1999 Intel. All rights reserved.

Presentation created for the

Intel Teach to the Future programby Judi Edman Yost

Institute of Computer Technology


What is plagiarismWhat is plagiarism

•Attempt to pass off another person’s words or ideas as one’s own


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


What is “fair use”?What is “fair use”?

The fair usefair use of a copyrighted work for purposes of…teaching (including multiple copies for classroom use)…is not an infringement of copyright.”


Students & Educators have Students & Educators have Separate GuidelinesSeparate 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.


Limitations on Size/PortionsLimitations on Size/Portionsfor both Educators and Studentsfor 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/PortionsLimitations 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.



Copying and Distribution LimitationsCopying 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 & AcknowledgementAttribution & 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


Future Uses Beyond Fair UseFuture 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.


What About Software?What About Software?

• Use of software does not fall under fair use!

• Public or private educational institutions are not exempt from the software copyright laws.

• When you purchase software, you are only purchasing a license to use the software – you don’t own it.


Unless you have specific Unless you have specific permission from the permission from the copyright owner… copyright owner…

It is It is illegalillegal to to• Purchase a single user license and load it

onto multiple computers or a server, • Download copyrighted software from the

Internet or bulletin boards, or• Load the software your school purchased

onto your computer at home.


Freeware is Free…Right?Freeware is Free…Right?

• Freeware is also covered by copyright laws and subject to the conditions defined by the holder of the copyright. – You can distribute freeware, but not make

any money on it.– You can modify and build other software

programs based on the freeware, but those “new” programs cannot be sold for profit.


Only Public Domain Software Only Public Domain Software is Truly “Free”is Truly “Free”

• Copyright rights have been relinquished.

• There are no distribution restrictions.

• You can modify the original software and build new software.

• You can sell your modified software.


PenaltiesPenalties• For the unauthorized use and copying of

software, penalties include: – Statutory damages up to $100,000 per

infringed work where the court finds there was willful infringement.

– And if guilty under the criminal sections of the law:

• Up to one year imprisonment and/or

• Fines up to $25,000


PenaltiesPenalties• For the unauthorized reproduction or

distribution of 10 or more copies of software with a total retail value of $2500, penalties include:– Imprisonment for up to six years, and/or– Fines up to $250,000

• Under the NET Act, signed into law on December 16, 1997, a person who willfully infringes on copyrighted material worth at least $1,000 could be subject to criminal prosecution, even if he/she does not profit from the activity.


Can you correctly identify fair Can you correctly identify fair use in the following use in the following

Scenarios?Scenarios?

Following scenarios are compliments of Board of Regents of University System of Georgiahttp://www.usg.edu/admin/legal/copyright/

http://www.usg.edu/admin/legal/copyright/


1. Journal Article for Classroom Use1. Journal Article for Classroom Use

• SCENARIO E: A professor copies one article from a periodical for distribution to the class.

• QUESTION: Is this fair use?

• ANSWER: Yes. Distribution of multiple copies for classroom use is a fair use.


1. Showing a Videotape for 1. Showing a Videotape for Classroom InstructionClassroom Instruction

• SCENARIO J: A teacher wishes to show a copyrighted motion picture to her class for instructional purposes.

• QUESTION: Is this a fair use?• ANSWER: Yes. It is fair use since it is for

classroom instruction and no admission fee is charged. Tuition and course fees do not constitute admission fees.


2. Copying a Videotape for 2. Copying a Videotape for Classroom InstructionClassroom Instruction

• SCENARIO K: A teacher makes a copy of the videotape described in SCENARIO J for a colleague to show in her class at the same time.

QUESTION: May she do so?• ANSWER: No. This is not a fair use. The

teacher may lend her personal copy of the videotape to a colleague for this purpose.


3. Renting a Videotape That Is in the 3. Renting a Videotape That Is in the Public Domain for Nonclassroom UsePublic Domain for Nonclassroom Use

• SCENARIO L: A professor wishes to raise funds for a scholarship. She rents a copyrighted videocassette of a motion picture and charges admission fees.

• QUESTION: May she do so?• ANSWER: No. This is not a fair use

because it infringes the copyright owner's right to market the work.


1. Classroom Presentation1. Classroom Presentation

• SCENARIO N: A teacher or student prepares and gives a presentation that displays photographs. Permission was not obtained to use the photographs.

• QUESTION: Can the photographs be included in the initial presentation, if it is in a traditional classroom?

• ANSWER: Yes. The copyright fair use provision explicitly provides for classroom use of copyrighted material. Instructors and students may perform and display their own educational projects or presentations for instruction.


3. Broadcast of Classroom 3. Broadcast of Classroom Presentation to Home or OfficePresentation to Home or Office

• QUESTION: What if the presentation discussed in SCENARIO N is broadcast to students at their homes or offices? Would such use be a fair use?

• ANSWER: Yes. This use would be considered fair use if the individuals are enrolled in a course and viewing the presentation for purposes of criticism, comment, teaching or instruction, scholarship, or research.


6. Incorporation of Photographs in an 6. Incorporation of Photographs in an Electronic Presentation (Excluding Electronic Presentation (Excluding

the Internet)the Internet)• QUESTION: What if the SCENARIO N

presentation is included in an electronic presentation such as Microsoft's Power Point?

• ANSWER: Yes. This should be considered fair use as long as the electronic presentation is for educational or instructional use.


8. Use of Copyrighted Music8. Use of Copyrighted Music

• SCENARIO O: A teacher or student creates a presentation and incorporates copyrighted music into the background. Assume that permission was not obtained to use the music for the presentation.

• QUESTION: Can the music be included in the teacher's or student's initial presentation?

• ANSWER: Yes. This is fair use if instruction is occurring.


13. Use of Music as Content in a 13. Use of Music as Content in a Classroom PresentationClassroom Presentation

• SCENARIO Q: A professor teaches an opera course, and the professor creates a presentation. The presentation contains the works of ten contemporary artists and is presented to a new class every semester.

• QUESTION: Is this a fair use?

• ANSWER: Yes, as long as the use of the presentation continues to be for instruction.


14. Use of Music in Classroom 14. Use of Music in Classroom Presentations on the InternetPresentations on the Internet

• QUESTION: The opera classroom presentation (SCENARIO Q) or the presentation containing background music (SCENARIO O) is placed on the Internet? Is this a fair use?

• ANSWER: Depends. This would be fair use so long as access is restricted, e.g., by use of a password or PIN or other means.


6. Student Project for Distribution on 6. Student Project for Distribution on the Internetthe Internet

• SCENARIO T: A student is taking a distance learning class in which the instructor has required that a particular assignment be created for unlimited distribution on the Web.

• QUESTION: If a student includes an audio segment of copyrighted music (video, news broadcast, non-dramatic literary work), is this a fair use?

• ANSWER: No. Since the teacher specifically stated that the project is being created for distribution over the Web, this is not a fair use of any of the listed copyrighted materials and permission should be obtained.


This presentation is copyrighted by Intel.

However, it may be used,with copyright notices intact,

for not-for-profit, educational purposes.

*This is a condensed and modified version of the original presentation.

copyright chaos student_version

Education