Copyright 101

The Law

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Copyright law confers five rights on the creator of the copyrighted work Reproduction Adaptation, or creation of derivative work Distribution of copies by sale, gift, rental, lease, lending Public performance of the work Public display

Fair Use

Fair use provisions of the copyright law grant certain types of users conditional rights to use or reproduce certain copyrighted materials as long as the reproduction or use of those materials meets defined guidelines.

Factors for Fair Use

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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 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.

Amounts

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Motion media--up to 10% or 3 minutes, whichever is less Text material--up to 10% or 1000 words Music, lyrics and music video--up to 10% but no more than 30 seconds from individual musical work Illustations and photographs--no more than five images by an artist/photographer or not more than 10% of the artist’s collective work Numerical data sets--up to 10% or 2500 fields or cell entries, whichever is less, forma a data table or spreadsheet

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After two years, permission for each copyright must be obtained “Educators and students may not use their personally created educational multimedia projects over electronic networks. . .without obtaining permissions for all copyrighted works incorporated in the program.” (Fair Use Guidelines)

Audiovisual Guidelines

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The performance must be presented by instructors or pupils; and The performance must occur in the course of face-to-face teaching activities; and The performance must take place in a classroom or similar place for instruction (including the library); and

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The performance must be of a legally acquired (or legally copied) copy of the work. (The presenter is protected from liability for illegal copies IF the presenter is unaware that the copies were not legally acquired or made.)

Multimedia

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Request permission for all changes of format (transferring nondigital material to computer format).

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Request permission to excerpt from longer works.

Make sure you are getting permission from the correct person.

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Best Advice: Invest in clip art, music and video sold expressly for multimedia productions. These are always copyright cleared for such applications.

Scanning

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The material you scan may be protected by copyright. You may not convert print material into digital form without permission of the copyright holder.

Copying graphic materials such as illustrations or cartoons is also considered a change of format, and as such is not acceptable within the law.

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Purchased clip art may be used in the print version only unless permission is received from the artist or copyright holder. Scanning print clip art would constitute changing formats a right reserved to the copyright holder unless specifically released.

Guidelines for Software

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Maintain copyright and license records on all programs Make one archival copy of each program and store it off-site Don’t install non-network software on a network Don’t lend equipment which would facilitate copying software

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Register shareware Enforce multi-user limitations Restrict outside access to CD ROM databases if the license requires only in-house use

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Monitor use of scanners Anti-piracy hotline 1-800-388-7478

Internet

From CONFU: The Conference on Fair Use “Fair Use Guidelines for Educational Multimedia” 6.1 Caution in Downloading Material from the Internet Educators and students are advised to exercise caution in using digital material from the Internet in producing their own educational multimedia projects, because there is a mix of works protected by copyright and works in the public domain on the network.

Access to works on the Internet does not automatically mean that these can be reproduced and reused without permission or royalty payment and, furthermore, some copyrighted works may have been posted to the Internet without authorization of the copyright holder.

Student Productions

“Students may perform and display their own multimedia projects . . .for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews”

Helpful Hints

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Morris, Mary. “Cleaning Up Copyright.” Cable in the Classroom. September (1994): 15-16.

Stress attitude: Use rather than abuse fair use Put tip sheets explaining copyright guidelines in mailboxes at the beginning of each year Explain fair use Acquire and save articles, pamphlets, and books on copyright law for educational use

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Provide permission request forms and addresses for acquiring copyright clearance on restricted materials Have a standard procedure for handling violations

You Be the Judge

Situation #1

Rather than print out a 38 page essay for a history class to read, the teacher would like to upload the paper onto a secure Web page that the students could access with a password.

Simpson, Carol. “Copyright Question of the Month.” School Library Journal. May (2002): 18.

Answer

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An essay could be reproduced in print form for the class one time under Fair Use, but the length of this essay is far too great

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Putting the essay on the Web is a change of format One option would be to put the book the essay is in on reserve at the library

Situation #2

Do you need permission to put a web link to a commercial website such as ABC News?

Simpson, Carol. “Copyright Question of the Month.” School Library Journal. May (2001): 30.

Answer

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It is good netiquette to ask permission The problem arises if you use frames. “On a frames page, the link looks like it is your own page (the URL at the top never changes from your page), so the other site might complain that you are ‘stealing’ their content.”

Situation #3

Can you make copies of software programs and install the software on additional computers if the software has been discontinued and you can no longer get site licenses?

Simpson, Carol. “Copyright Question of the Month.” School Library Journal. March (2002): 15.

Answer

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You can install the program on replaced computers, but not for additional machines You must get permission from the producer in order to make additional copies.

Preventing Internet Plagiarism

Why should we care?

Standard 8 “Student is information literate and practices ethical behavior in regard to information and information technology” American Association of School Librarians Information Literacy Standards

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Kentucky Experienced Teacher Standard 10.16

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New Teacher Standard 9.16

“Instructs and supervises students in the ethical and legal use of technology”

Statistics

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More than 98% of America’s public schools have Internet access 94% of students between the ages of 12 and 17 with access to the Internet, use it for research 71% cite it as their main source of information for school projects

Statistics

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According to a Rutgers University survey of 4,471 high school students, more than half have stolen sentences and paragraphs from the Internet

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74% admitted to cheating on a test

Minkel, Walter. "Web of Deceit." School Library Journal April (2002): 50-51.

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Many students do not understand what plagiarism is or that it is wrong When teachers do not enforce policies regarding plagiarism and cheating, students believe they can get by with it and that it is acceptable

How Can We Prevent Plagiarism?

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Increase student awareness of cheating and plagiarism Discuss issues surrounding intellectual property and academic integrity Train faculty on how to recognize cheating Train faculty on how to create assignments that don’t lend themselves to cheating

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Make sure your school’s/district’s policy is clearly defined in regards to plagiarism and cheating Disseminate information on plagiarism to parents and the community Clearly define your policy, explaining that you do not tolerate plagiarism

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Know what is out there Be familiar with Copyright basics

Policies on Plagiarism

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In addition to classroom rules and policies regarding plagiarism, there should be a school/district policy Students should sign an Acceptable Use Policy before accessing the Internet

Sample Board Policy

“In attempting to develop a Code of Conduct which protects rights, provides disciplinary procedures, and informs, the Kenton County School District also recognizes the necessity of establishing a fair and honorable learning atmosphere. This atmosphere is one in which the student, parent, and teacher, all doing their part, insure the highest standards of individual learning by protecting the learning environment from cheating/ plagiarism acts which affects the moral fiber and morale of all. They are identified as follows: Cheating: The act of doing something unfair or dishonest in order to gain something for oneself Plagiarism: The act of stealing the work of another to pass it off as one’s own work” Code of Acceptable Behavior and Conduct. Erlanger, KY: Kenton County Schools, 2001.

Sample AUP

“You are not permitted to get from or put onto the network any copyrighted material (including software), or threatening or sexually explicit material. Copyrights must be respected.” - Kenton County’s AUP “Authorship and/or publishers of information in electronic form must be appropriately acknowledged in writing and research.” "District Acceptable Use Policy." 14 April, 1999. Kentucky Department of Education. 18 April, 2002

Recognize Plagiarism

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Use string searches for sentences that you suspect were not written by the student www.google.com

www.metacrawler.com

www.altavista.com

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Use Paper Check Software