Transcript Copyright Chaos

Presentation created for the
Center High School Computer
Applications Class
by Judi Edman Yost
Institute of Computer Technology
© 1999 Intel. All rights reserved.
Rev. 5/9/01
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.
But…But...
• Just because something is on the Web or
posted to Usenet does not mean it is not
copyright protected.
• Even if something is sent to you via email,
it does not mean it is free for you to use.
• You should assume a work is copyrighted
and may not be copied, unless you know
otherwise.
© 1999 Intel. All rights reserved.
© 1999 Intel. All rights reserved.
What is “fair use”?
Sec. 107 of the Fair Use Provision of the
Copyright Act states:
“Limitations on exclusive right: Fair use.
Notwithstanding the provisions of sections 106 and
106A, the fair use of a copyrighted work, including
such use by reproduction in copies or phonorecords
or by any other means specified by that section, for
purposes such as criticism, comment, news
reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not
an infringement of copyright.”
© 1999 Intel. All rights reserved.
© 1999 Intel. All rights reserved.
“In determining whether the use made of a
work in any particular case is a fair use the
factors to be considered shall include – the purpose and character of the use, including
whether such use is of a commercial nature or is
for nonprofit educational purposes...”
© 1999 Intel. All rights reserved.
“In determining whether the use made of a
work in any particular case is a fair use the
factors to be considered shall include – 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;
© 1999 Intel. All rights reserved.
“In determining whether the use made of a
work in any particular case is a fair use the
factors to be considered shall include – 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
© 1999 Intel. All rights reserved.
“In determining whether the use made of a
work in any particular case is a fair use the
factors to be considered shall include – 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.”
© 1999 Intel. All rights reserved.
So it would seem that it’s “fair use” if…
• The copying is for educational use;
• The original material is mainly facts and
is published;
• You use portions to make your
point, not whole sections; and
• You’re not taking potential sales away
from the original
© 1999 Intel. All rights reserved.
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.
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.
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.
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.
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.
Limitations on Size/Portions
• Numerical Data Sets
– Up to 10% or 2500 fields or cell entries,
whichever is less, from a database or data
table.
 A field entry is a specific item of
information in a record of a database file.
 A cell entry is the intersection where a row
and a column meet on a spreadsheet.
© 1999 Intel. All rights reserved.
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.
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.
Attribution & Acknowledgement
• Crediting the source:
– Give a full bibliographic description where
available (including author, title, publisher, and
place and date of publication).
• The credit and copyright notice information
may be combined and shown in a
separate section of the educational
multimedia project…Except for images:
– Copyright notice and the name of the creator
must be incorporated into the image so that it
appears on the screen when the image is
viewed.
© 1999 Intel. All rights reserved.
Notice of Use Restrictions
• The opening screen of a program and
any accompanying print material must
include a notice that:
– Certain materials are included under the
fair use exemption of the U.S. Copyright
Law;
– Materials are included in accordance with
the multimedia fair use guidelines; and
– Materials are restricted from further use.
© 1999 Intel. All rights reserved.
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.
Obtaining Permission
When You Need it
Getting Permission
http://www.utsystem.edu/OGC/IntellectualProperty/permissn.htm
Copyright Permission Form Letter
http://www.utc.edu/Teaching-Resource-Center/copy_per.html
Obtaining Permissions
http://www.cetus.org/fair7.html
© 1999 Intel. All rights reserved.
Remember...
• These are guidelines, not laws.
• However, realize that the further you
venture from these guidelines, the more
likely you are to be outside of “fair use.”
© 1999 Intel. All rights reserved.
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.
But I can make copies for my
own use…right?
• Anyone who purchases a license for a
single copy of software has the right to
load it onto a single computer and to
make another copy "for archival
purposes only."
• Any other use than “archival” must be
approved by the copyright owner.
© 1999 Intel. All rights reserved.
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.
What About Shareware?
• Shareware is software that is passed out
freely for evaluation purposes only.
• You are allowed to try it out before you pay
for it.
• Evaluation time is usually 30 days.
• If you wish to keep the software program,
then you must pay to keep your evaluation
copy.
• Shareware is often fairly inexpensive.
© 1999 Intel. All rights reserved.
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.
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.
Why Should Students Follow
Software Copyright Laws?
• You should set a good example for
others.
• Future software can only be developed
for a reasonable price if the software
firm/developer receives payment for its
efforts.
• And then there is the matter of
penalties...
© 1999 Intel. All rights reserved.
Penalties
• For the unauthorized use and copying of
software, penalties include:
– Fines up to the actual amount of damages to
the copyright holder, or
– 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.
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.
© 1999 Intel. All rights reserved.
If you look at Nothing Else...
Check out the web site created by Georgia Harper, the
manager of the Intellectual Property Section of the
Office of General Counsel for the University of Texas
System. This web site gives a clear introduction on Fair
Use, plus information on liability, whether you need
permission to copy, the University of Texas’ “Rules of
Thumb,” clear examples in the “Four-Factor Test,” and
how to get permission when needed.
Fair Use Of Copyrighted Materials
http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm
© 1999 Intel. All rights reserved.
Sources Consulted
and For More Information...
Fair Use Guidelines For Educational
Multimedia
Complete document provided by Georgia Harper;
prepared by the Educational Multimedia Fair Use Guidelines
Development Committee, July 17, 1996
http://www.utsystem.edu/OGC/IntellectualProperty/ccmcguid.htm
Fair Use Of Copyrighted Materials
by Georgia Harper, University of Texas
http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm
© 1999 Intel. All rights reserved.
Sources Consulted
and For More Information...
Fair Use Guidelines For Educational
Multimedia: Background and Summary
by Chris Dalziel
http://www.libraries.psu.edu/mtss/fairuse/dalziel.html
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
© 1999 Intel. All rights reserved.
Sources Consulted
and For More Information...
Highlights of the Fair Use Guidelines for
Educational Multimedia
by Stan Diamond and deg farrelly
http://www.libraries.psu.edu/mtss/fairuse/fairhigh.html
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
© 1999 Intel. All rights reserved.
Other Resources
Rules Of Thumb For Digitizing And Using Others'
Works In Multimedia Materials For Educational
Purposes
by Georgia Harper, University of Texas
http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#mm
Rules Of Thumb For Coursepacks
by Georgia Harper, University of Texas
http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#course
A Proposal For Educational Fair Use Guidelines For
Digital Images
by Georgia Harper, University of Texas
http://www.utsystem.edu/OGC/IntellectualProperty/imagguid.ht
m
© 1999 Intel. All rights reserved.
Other Resources
And if you still can’t get enough of this subject,
check out other sites at:
List of Links to Other Copyright Sites
by Georgia Harper, University of Texas
http://www.utsystem.edu/OGC/IntellectualProperty/offsite.htm
© 1999 Intel. All rights reserved.
Information on Software Copyright
Software Use and the Law
by Software & Information Industry Association (SIIA)
http://www.spa.org/piracy/programs/sftuse.htm#use
Digital Anarchy: Part One of an Analysis of
Software Piracy by David Laprad
http://www.avault.com/articles/warez1_1.asp
The Federation Against Software Theft (FAST)
(United Kingdom organization)
http://www.fast.org.uk/
© 1999 Intel. All rights reserved.
Information on Software Copyright
Questions and Answers about Software Piracy
by Software & Information Industry Association (SIIA).
http://www.spa.org/piracy/programs/Q&a.htm
Commercial, Shareware, Freeware & Public
Domain Software by SIIA
http://www.spa.org/piracy/programs/share.htm#shareware
Permissible Copying of Software
by Georgia Harper, University of Texas
http://www.utsystem.edu/OGC/IntellectualProperty/mono2.htm
© 1999 Intel. All rights reserved.
© 1999 Intel. All rights reserved.
This presentation is
copyrighted by Intel.
However, it may be used, with
copyright notices intact, for notfor-profit,
educational
purposes.
© 1999 Intel. All rights reserved.