Weitere ähnliche Inhalte Ähnlich wie Copyright chaos student_version (20) Mehr von Vintage High School (19) Kürzlich hochgeladen (20) Copyright chaos student_version1. Presentation created for the
Intel Teach to the Future program
by Judi Edman Yost
Institute of Computer Technology
© 1999 Intel. All rights reserved.
2. What is plagiarism
• Attempt to pass off
another person’s
words or ideas as
one’s own
© 1999 Intel. All rights reserved.
3. 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.
© 1999 Intel. All rights reserved.
5. What is “fair use”?
The fair use of a copyrighted
work for purposes of…teaching
(including multiple copies for
classroom use)…is not an
infringement of copyright.”
© 1999 Intel. All rights reserved.
7. 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.
© 1999 Intel. All rights reserved.
8. Limitations on Size/Portions
for 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.
© 1999 Intel. All rights reserved.
9. Limitations on Size/Portions
• 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.
© 1999 Intel. All rights reserved.
10. 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
© 1999 Intel. All rights reserved.
11. Limitations on Size/Portions
• 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.
© 1999 Intel. All rights reserved.
12. 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.
© 1999 Intel. All rights reserved.
13. 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
© 1999 Intel. All rights reserved.
14. 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.
© 1999 Intel. All rights reserved.
15. 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.
© 1999 Intel. All rights reserved.
16. 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,
• Download copyrighted software from the
Internet or bulletin boards, or
• Load the software your school purchased
onto your computer at home.
© 1999 Intel. All rights reserved.
17. 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.
© 1999 Intel. All rights reserved.
18. Only Public Domain Software
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.
© 1999 Intel. All rights reserved.
19. Penalties
• 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
© 1999 Intel. All rights reserved.
20. Penalties
• 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.
© 1999 Intel. All rights reserved.
22. Can you correctly identify fair
use in the following
Scenarios?
Following scenarios are compliments of Board of Regents
of University System of Georgia
http://www.usg.edu/admin/legal/copyright/
© 1999 Intel. All rights reserved.
23. 1. 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.
© 1999 Intel. All rights reserved.
24. 1. Showing a Videotape for
Classroom 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.
© 1999 Intel. All rights reserved.
25. 2. Copying a Videotape for
Classroom 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.
© 1999 Intel. All rights reserved.
26. 3. Renting a Videotape That Is in the
Public 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.
© 1999 Intel. All rights reserved.
27. 1. 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.
© 1999 Intel. All rights reserved.
28. 3. Broadcast of Classroom
Presentation 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.
© 1999 Intel. All rights reserved.
29. 6. Incorporation of Photographs in an
Electronic Presentation (Excluding
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.
© 1999 Intel. All rights reserved.
30. 8. 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.
© 1999 Intel. All rights reserved.
31. 13. Use of Music as Content in a
Classroom 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.
© 1999 Intel. All rights reserved.
32. 14. Use of Music in Classroom
Presentations 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.
© 1999 Intel. All rights reserved.
33. 6. Student Project for Distribution on
the 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.
© 1999 Intel. All rights reserved.
34. 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.
© 1999 Intel. All rights reserved.