Copyright and Education
What is it?
In the United States, anything you create, such as pictures,
text, audio files, multimedia, and so on is automatically protected as soon as
you write (print) or save it to electronic media (disks, servers, CDs, and so
on).
Copyright is the:
Exclusive right to
intellectual property
Granted to authors for a
limited time
Exclusively federal law in
U.S.
Copyright clause of the
Constitution
Article 1, Section 8, Clause
8
Congress has the power to
"promote science and the useful arts by securing for limited times to
authors…the exclusive right to their…writings."
What does it
do?
Protects only an author’s
original expression
Does not extend to any ideas
expressed in the book
Does not cover any
pre-existing material incorporated into the work
Copyright and
Fair Use
Copyright--rights to sale,
display, use of a work
Fair Use--special exemptions
to copyright law
Exclusive
Rights of Author
Every author has five
exclusive rights protected by copyright law
Reproduction of work
Derivative work
Distribution of work (1st
sale)
Performance of work publicly
Display of work publicly
Fair Use
Allows use of portions of work
Purposes
criticism
comment
news reporting
teaching
scholarship
research
Factors of Fair
Use
Purpose--whether the use is of
a commercial nature or is for a nonprofit-educational purpose.
Nature of work--schools
usually copy works that are informational.
Amount used to total work--the
greater the portion of the work copied the less likely it falls under "fair
use."
Effect on potential
market value of work--if you prevent profit, then it is not "fair use"
*********
Multi-media
Fair Use Guidelines
Agreement between higher
education and performance media (CCUMC Multi-Media Guidelines)
9/27/96
Details three areas
permitted use for students
permitted use for educators
peer conference permitted
use
Fair Use
Section 110
Educators have the right to
public performance and display for face to face instruction
Capture for instruction over
time
permission required
Permitted
Use--Students
Produce for a specific course
(computer generated product with presentation controlled by computer)
Perform/display in course
created
Use in portfolio (academic
work, position applications, graduate school interviews)
Permitted
Use--Educators
Instruction in multi-media
development
Curriculum based instruction
face to face activity
self-directed activity
remote instruction on a
secure network (NOT Internet)
Peer
Conferences
Workshops and conferences
Professional portfolio
Time
Limitations
Student--only during class but
can be retained for portfolio
Educator--only for teaching
activity (maximum of 2 years) no limit for retention in portfolio
Limitations of
Source
Motion Media
10% or 3 minutes
(whichever is less)
Text
10% or 1000 words
(whichever is less)
Poem
250 words or less or entire
poem
no more than 3 poems per
poet
no more than 5 poems per
Anthology
Limitations of
Source
Numerical Data Sets
up to 10% or 2500
fields or cells (whichever is less)
Illustrations,
Photographs--10% or 15 images (whichever is less)
No more than 5 images for a
single artist/photographer
Copying and
Distribution Limits
No more than 2 use copies
One of which may be placed
on reserve
One preservation copy
Used to generate replacement
if one of 2 original copies fail
Permission
Required
Guidelines Do Not Apply
Producing for commercial
(sale) use
Replicating beyond copy limits
Distributing copies to others
Producing for use beyond your
educational institution
Transmitting over electronic
networks
Contemplating a future use
that results in wider distribution
Reminders--Caution
Download from the Internet
treat all as copyright
unless noted
World Intellectual Property
Treaty 1998
Digital Millennium Act
Provide credit and copyright
notice information
Reminders--Caution
Reproduction of computer
programs
limited by license/contract
law
Notice of user restrictions
alterations, MUST note
Web Addresses
Information in detail
http://www.libraries.psu.edu/avs/fairuse/guidelinedoc.html
Internet
Guidelines
Assume copyright
Follow fair use
Properly cite resources
www.classroom.net/classroom/CitingNetResources.html
Request permission when in
doubt or if use extends beyond classroom
Internet
Guidelines
Notify webmaster (owner of
site) if intent to "whack"
List site and statement of
reason for need to whack
Request permission if use
beyond research or classroom presentation
Linking
No direct problem in law
unless you don’t give credit
Must link to home page
Do no link to further levels
of web page
Not yet litigated
Web presence implies desire to
link
Copyright
Protects intellectual property
Guarantees exclusive rights to
the author
Protects rights of owners,
inventors, etc.
Protects economic interests
Sources
Chang, et.al.,
"Intellectual Property in the Information Age"
http://homepage.scas.upenn.edu/~cpage/cis590/#1.1
"Bleeding Edge: Software
Issues"
"Bleeding Edge: Fair
Use"
"Bleeding Edge: Web
Issues"
http://benedict.com
Library Association
http://www.libraries.psu.edu/avs/fairuse/guidelinedoc.html
Classroom Connect
http://www.classroom.net/classroom/CitingNetResources.html
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