2. Let's test your knowledge....
Pull out your smart device!
We are going to do a quick Easypoll.
(Link to EasyPoll).
(Questions for EasyPoll can be found in
Appendix A in design document).
3. What is Copyright?
• Laws have been created to protect authors
and artists that create things that are
creative and “original.”
• If someone produces something that is
original – no one else has created anything
quite like it – then that person is the only one
who can copy it, perform it in public, or
publish it, unless he/she gives that
permission to someone else.
4. Did You Know....
Copyright and Technology Timeline
1439 - moveable
type printing press
invented
1557- England's
Queen Mary grants
the Stationer's
Company a
monopoly on printing
1710 England's
First Copyright
Laws
1787 First US
Copyright law
1790 Second
US Copyright
law
5. Did You Know....
1876-1899 Telephone,
Phonograph, Motion PIcture
Camera, Hand Camera,
Magnetic Tape Recorder
Invented
1909 US Copyright
law revised - 28
year term
1923 TV
invented
1941 First
US TV
Broadcast
1951 Video tape
recorder invented/First
Commercial Computer
(Univac)
1936 First
Computer
(Z1) appears
1953 Recording
and performing
rights added to
Copyright
6. Did You Know....
1962 Cassette
Tape invented
1967 Computer
floppy disk
invented
1979 Sony
Walkman
introduced
1981 IBM
introduces PC
1976 Copyright
Act revises time
and adds Fair
Use
1969 ARPANET
(precursor to the
Internet) is created
1972 VCR developed,
first home video game
1973 Cell
Phone
Invented
1982 CDs go
into
production
7. Did You Know....
1983 Internet
developed
1984 Mac personal
computer released and
Discman developed
1995 DVD
developed
2001 iPod
launched
1992 Digital
Home Recording
Act
1990 First web browser
developed
2007 Kindle
launched;
iPhone
launched
1998 Sonny Bono
Copyright Term
Extension; Digital
Millennium Act
2002
TEACH
Act
2005 Family
Entertainment
and Copyright
Act
2010
iPad
launched
8. What is covered under copyright?
• Tangible medium (tangible does not necessarily mean
published)
o literary works
o musical works (including lyrics)
o dramatic works (including any music along with)
o choreography
o pictures and sculpture
o sound recordings
o architectural works
o video
• Content on the web is considered tangible!
9. What is not covered under
copyright?
• Non-tangible items - If you have a great
idea, but have not written it down, it is not
copyrighted!
• Procedures and methods
• Data (i.e. telephone books)
• Things without original authorship
(calendars, height charts, etc.)
• U.S. Government material
• Anything in the Public Domain
10. Public Domain
• Works available for anyone to use.
• Works created before 1923
• Most works created between 1923-1978 (if
copyright was not recorded or renewed)
• Works authored by employees of the federal
government.
• Works that the copyright owner has freely
granted to the public domain.
11. How long does the copyright last?
1. Created after 1978
a. automatically protected from moment of creation
b. lasts term of author's life plus 70 years
2. Created before 1978
a. lasts for a term of 28 years from date it was secured
b. Can renew for additional 67 years
3. Anonymous works
a. 95 years from publication or 120 years from creation
(whichever is shorter)
12. Copyright and the 21st Century
• Copyright laws generally predate our current
technologies.
o Remember the timeline?!?!
• The Internet is NOT public domain.
13. Internets Do's and Dont's
• DON'T
o Download graphics, bullets, logos, fonts,
photographs, and illustrations.
o Copy and paste information from another site,
especially if you reformat the information to make it
appear your own.
o Copy another site's html code
• DO
o Get permission to use online work from the owner of
that work.
o Remember that print rights and electronic rights for
use and distribution are not the same
14. Quick note about software
• Software is all the programs that run on your physical
computer (hardware)
• Commercial software is covered by copyright
o One backup copy allowed.
o cannot modify the software
• Freeware software
o covered by copyright
o copies can be made for distribution, but cannot
distribute for profit
o modifying software is allowed, but cannot distribute for
profit
15. The Digital Millennium Copyright
Act
• 1998 amendment to the original 1976 law to
match the laws with the technology
available. It was divided into 5 sections
• Referred to as DMCA
16. DMCA Part 1
• The "Treaties" section
• Extends US copyright law to cover countries
that signed the WIPO treaty as part of writing
the DMCA
• Now illegal to circumvent technical
measures to prevent copyright infringement
(both accessing and copying)
o This is where DRM issues are present
17. DMCA Part 2
• Online Copyright Infringement
• Protects internet service providers and
hosting sites (AT&T, YouTube, etc) from
being prosecuted if they have made
reasonable efforts to remove copyrighted
material.
18. DMCA Parts 3-5
• Part 3: Temporary copies of copyrighted
material can be made for purposes of repair
• Part 4: Internet radio channels and other
streaming audio must pay royalties to
copyright holders.
• Part 5: Boat vessel hull designs are now
protected by copyright.
19. TEACH Act
• 2002 law that governs the way copyrighted
material can be used in distance education
• Educators are only protected by the TEACH
act if they work for an accredited institution
• Only modifies a few parts of copyright law;
the fair use clause is still in effect.
20. TEACH Act: What can teachers do?
• Display nearly all types of works
• Now there is no restriction on a recipient’s
location
• Retention and student access for the length
of the class session
• Allows the copying and storage of materials
when necessary for digital transmission to
students
• Allows print works to be digitized if used for
a limited time and not available by other
21. TEACH Act: What must teachers do?
• Supervise the display or performance of
copyrighted materials
• Ensure that materials used are an integral
part of "mediated instructional activities"
• Ensure that materials used are not "typically
purchased or acquired by the students" (i.e.
textbooks)
22. TEACH Act: What must institutions
do?
• Institute policies regarding copyright
• Provide information materials about copyright to
students, faculty, and staff
• Provide notice to students when materials may be
subject to copyright protection
• Limit the transmission of educational content to enrolled
students
• Prevent the storage of materials where that they are
accessible to anyone besides enrolled students
• Prevent the retention of materials by students for
periods longer than the "class session"
• Prevent the dissemination of materials
23. Fair Use
Educators and students get a break with the
"Fair Use" clause in copyright law.
24. What is "Fair Use"
Fair Use is part of the copyright law. It allows
people to use and make copies of
copyrighted works without getting permission
if they are using them for:
• criticism
• comment
• news reporting
• teaching
• scholarship
• research
25. How do I know if it is "Fair Use?"
Ask yourself these 4 questions:
1. What is the PURPOSE?
2. What is the NATURE?
3. What is the EFFECT?
4. What is the AMOUNT
Basically if the answers aren't educational,
mostly factual and important to education,
none, and just a little bit you could be in
TROUBLE!
26. Fair Use: Purpose
• Acceptable
o Teaching, Research, News Reporting
• Illegal
o Making money from the sale of the work
o Using without giving credit to the author
27. Fair Use: Nature
• Acceptable
o Mostly factual
o Important to education
• Illegal
o Creative works such as art, music, fiction
28. Fair Use: Effect
• Acceptable
o No major effect
o User owns a legal copy of work
• Illegal
o Could replace selling of the original
o Made available of the web
29. Fair Use: Amount
• Acceptable
o Small bit
o Portion not critical to entire work
• Illegal
o Large parts or entire work used
o Part used is crucial to success
SO.......how much exactly CAN I use?
30. Fair Use: What can we use?
• Though not expressly written as law,
legislative action over time in relation to the
Copyright laws have provided the following
guidelines in relation to the original 1976
copyright law.
• Applies to print and items found on the
internet
31. What can we use? Literary Works
Books 10% or 1 chapter
Poetry 250 words; not more than 3 works
by same author
Children's Books 10% or 2 pages
Short Article 2500 words or less
Excerpt from big
work
10% or 1000 words
32. What can we use? Images
Images from a book A single chart, graph, diagram,
drawing, cartoon, or picture
Photos and
Illustrations
5 images from one author
Data Sets 10% or 2500 fields/cells
Other (News,
magazine)
Single chart, graph, diagram,
drawing, etc.
33. What can we use? Music
Sheet Music • backup copies for performances
• 10% of a whole or 100% of a part (Aria
from an opera)
• music may be altered for performance as
long as the character of the work is not
changed
• Single copies of out of print works
Sound
Recording
Single copies may be made for the purpose of
constructing aural practices or examinations
Recordings of
Students
Single copy can be made for evaluation
purposes; can be retained by teacher and/or
institution
34. What can we use? Videos
Video must be used for educational, NOT
entertainment purposes
Live
Broadcasts
• Retained for 45 days after date of
recording.
• Used only once with each class during the
first 10 days of retention period
• After 10 days, used for teacher-evaluation
purposes only
35. What can we use? Software
Personally
Purchased
Install on a single classroom computer
(in addition to your home computer) for
limited personal use or use with
students.
District/School
Purchased
Put a copy on your home computer for
limited job-related activities.
36. Educational Multimedia
Presentations
• All multimedia presentations by teachers and students MUST
contain:
1. Citation of the copyrighted material
2. Notice that the material is being used under the fair use
exemption of copyright law
• Storage
o Only 2 copies can be made
o Online projects can be used for 15 days after initial use
o Students cannot have copies of instructional
presentations
37. Multimedia Presentations: Teacher
Teachers can use the products for:
• face-to-face instruction
• student self-study
• Real-time remote courses, provided the
students cannot copy the presentation
• Use for two years, then must re-obtain
permission
• Presentations at peer workshops and
conferences
• Job interviews and evaluations
38. Multimedia Presentations: Student
Students can use the products for:
• educational uses in the course for which they
were created
• portfolios
• job and school interviews
39. Fair Use No-No's!
Fair Use does NOT allow you to:
• make copies as a substitution for purchasing a work
• copy the same works for more than one semester, class, or
course
• copy the same work more than nine times in a single
semester
• use copyrighted material for commercial purposes
• copy consumable items (workbooks, tests, etc).
40. Citing Your Sources
• In most cases, you do not have to follow
formal APA or MLA citation standards when
citing material for educational use.
• If you DO need to use formal citation, visit
the following website and plug in your url - it
will give you the proper way to cite your
material!
o http://citationmachine.net/index2.php
42. Locating Information
• Public Domain - Go here for a list of
materials currently in the public domain:
http://www.pdinfo.com/
• Creative Commons
o Creative Commons was created to allow people to
freely share images, text, and other works while
retaining copyright privileges
o Must cite properly!
o http://creativecommons.org/
• Google Image Search
o Can do a custom image search and set usage to
43. So.... what does this all mean?
Well, basically, if you don't follow these laws and
guidelines, you can be in A LOT of trouble!
You will be guilty of plagiarism and the penalties
are:
o Civil Penalties
§ Copyright holder can sue you for damages anywhere
from $200 to $150,000, even if "you didn't mean to!"
o Criminal Penalties
§ If you break copyright for a profit, the value of the
infringement is more than $1,000, or if you distribute
work over the Internet (commercial works), you could:
• spend a 1-5 years in jail
• pay fines
44. Additional References
• “Fair Use Guidelines For Educational Multimedia” Prepared by the
Educational Multimedia Fair Use Guidelines Development Committee, July
17, 1996 http://www.libraries.psu.edu/mtss/resources/copyright.html
• “Fair Use Of Copyrighted Materials” by Georgia Harper, University of
Texas http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm
• “Copyright Basics” by the U.S. Copyright Office http://www.loc.gov/
copyright/circs/circ1.pdf
• “The Copyright Website” by Benedict O’Mahoney http://www.benedict.com/
• “Copyright Law in the Electronic Environment” by Georgia Harper,
University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/
faculty.htm
45. Additional References continued
• “10 Big Myths about Copyright Explained” by Brad Templeton http://
www.templetons.com/brad/copymyths.html
• “Duhaime's Law Dictionary” by Lloyd Duhaime http://www.duhaime.org/
diction.htm
• “When Works Pass Into the Public Domain in the United States” by Cornell
Institute for Digital Collections http://cidc.library.cornell.edu/copyright/
46. Credits
• Copyright Information obtained from the following sources:
o Creany, Norman.. (n.d.). Digital Millennium Copyright Explained. . Retrieved 10 November 2012 from http://
normancreaney.wordpress.com/information-technology-the-law/digital-millennium-copyright-act-explained/
o http://www.copyright.gov/fls/fl102.html. (2012, June). Retrieved 11 November 2012 from http://www.copyright.gov
o Kelly, Warner. (2012, February 15). Retrieved 11 November 2012 from http://www.aaronkellylaw.com/online-
intellectual-property/dmca-wiki-summary/
o Library of congress. (n.d.). Retrieved 9 November 2012 from http://www.loc.gov/teachers/usingprimarysources/
copyright.html Maglof, Lisa. (n.d.). Retrieved 25 November 2012 from http://info.legalzoom.com/happens-break-
copyright-laws-20309.html
o Starr, L. (2010, May 25). The educators guide to copyright and fair use . Retrieved 10 November 2012 from http://
www.educationworld.com/a_curr/curr280.shtml/
o Teaching copyright. (2011, October 19). Electric frontier foundation. Retrieved 10 November from from http://
www.teachingcopyright.org/curriculum/hs
o University of Washington (2012). The Teach Act. Retrieved 25 November 2012 from
http://depts.washington.edu/uwcopy/Copyright_Law/TEACH_Act/
• Images obtained from the following sources (unless otherwise noted with
the image itself)
o http://openclipart.org/
o http://office.microsoft.com/en-us/images/?CTT=97
