© 1999-2002 Intel. All rights reserved. Presentation created for the Intel ® Teach to the Future program by Judi Edman Yost Institute of Computer Technology

© 1999-2002 Intel. All rights reserved.

Presentation created for the

Intel® Teach to the Future programby Judi Edman Yost

Institute of Computer Technology

Rev. 10/3/01


What is Copyright?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 March 1, 1989 is copyrighted and protected whether it has a notice or not.


How Long Does Copyright Last?How Long Does Copyright Last?

• Anything created after January 1, 1978 is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death.

• For works made for hire (e.g., copyright held by companies), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.


Published Conditions Public Domain Status

Before 1923 None In public domain

Between 1923 and 1978

Published without a copyright notice

In public domain

Between 1978and

March 1, 1989

Published without copyright notice, and no subsequent registration

In public domain


Published with copyright notice, but not renewed

In public domain (85% of copyrights were not renewed)


Published with copyright notice and was renewed

95 years after publication date


Published with copyright notice

95 years after publication date

After March 1, 1989

None 70 years after death of author; or if work of corporate authorship, either 95 years from publication or 120 years from creation, whichever is shorter


What is not copyrighted?What is not copyrighted?• Works that have not been fixed in a tangible form

of expression (have not been written or recorded)

• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

• Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, etc.)


What is not copyrighted?What is not copyrighted?• Logical, comprehensive compilations (such as the

telephone book)

• Materials or reprints of materials in the public domain (all prior to 1923; most between 1923-1963; additional information at http://www.unc.edu/~unclng/public-d.htm)

• Most U.S. government materials (some items created by contractors for the government might be copyrighted)

• Facts


But…But...But…But...

• Besides the previous list, 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.



What is “fair use”?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.”



“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 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 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.”


So it would seem that it’s “fair use” if…So it would seem that it’s “fair use” if…

• The copying is for educational use;• The original material is mainly facts and

lacks originality;• You use portions to make your

point, not whole sections; and • You’re not taking potential sales away from

the original– You’re not providing copies just so your students

don’t have to pay for the books (or original source materials).


Seems simple…right?Seems simple…right?

Not exactly…So between 1992-1994, a group of publishers and educators gathered to agree to more specific guidelines so educators won’t be sued for copyright infringement when they were thinking their copying was “fair use.”


The result was...The result was...


Fair Use Guidelines for Fair Use Guidelines for Educational MultimediaEducational Multimedia

• The Fair Use Guidelines for Educational Multimedia is not a legal document, but only an interpretation of the Copyright Act of 1976 by CONFU, a group of educational users and copyright owners (who obviously have a stake in this interpretation).


Fair Use Guidelines for Fair Use Guidelines for Educational MultimediaEducational Multimedia

• Although the guidelines have no legal binding, on Sept. 27, 1996, Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, U. S. House of Representatives issued a non-legislative report acknowledging the guidelines.

• The Fair Use Guidelines for Educational Multimedia only applies to educators who produce multimedia.


To make things more complicated…To make things more complicated…

• In late April, 1997, Bruce Lehman, Commissioner of Patents and Trademarks, publicly stated that the Proposed Guidelines negotiated by CONFU participants had failed to achieve consensus support.

• However, proponents say the multimedia guidelines are finished and ready to use.


So what does this all mean?So what does this all mean?

• There is no real line between fair use and unfair use.

• The nature of the disagreement over the Guidelines means that the Guidelines technically cannot be considered “litigation free” if you follow them.


And if you use the Guidelines...And if you use the Guidelines...

• You may be undercutting your rights to a more expansive scope of fair use that may be perfectly legal.

• On the other hand, these conservative Guidelines are not 100% guaranteed to be within the scope of “fair use.”

• …However, they may still be a good place to start. …Really



Students & Educators have Students & Educators have Separate GuidelinesSeparate 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.


Educator GuidelinesEducator Guidelines

• Educators may:– Incorporate portions of lawfully acquired

copyrighted works when producing educational multimedia projects to support their teaching needs; and

– Present their projects in the following situations: Face-to-face instruction, Assigned to students for directed self-study, Remote instruction (with limitations).



• Educators may retain their projects indefinitely for the following purposes:– To perform or display in presentations to their

peers, for example, at workshops and conferences

– To retain in their personal portfolios for personal uses such as promotion or job interviews



• Educators may use their projects for teaching, for a period of up to two years after the first instructional use with a class.

• Instructional use beyond that time period requires permission for each copyrighted portion incorporated in the production.


Limitations on Size/PortionsLimitations on Size/Portionsfor both Educators and Students*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.

*Although all students are to be given instruction on appropriate use, it is understood that students in kindergarten through grade six may not be able to adhere to these limitations.


• 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.




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




• 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.




• Numerical Data Sets– Up to 10% or 2500 fields or cell entries,

whichever is less, from a database or data table.




Copying and Distribution LimitationsCopying 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.


Attribution & AcknowledgementAttribution & 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

e.g., © 2001 Company/Person’s Name


Attribution & AcknowledgementAttribution & 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.


Notice of Use RestrictionsNotice 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.


Future Uses Beyond Fair UseFuture 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.


Rules Of Thumb For CoursepacksRules Of Thumb For Coursepacks

• Limit coursepack materials to– single chapters– single articles from a journal issue– several charts, graphs or illustrations– other similarly small parts of a work.

• Include– any copyright notice on the original– appropriate citations and attributions to the source.

• Obtain permission for materials that will be used repeatedly by the same instructor for the same class.

Guidelines condensed from the University of Texas



• Multiple copies must conform to previous “fair use” rules (not to exceed, in any event, more than one copy per student in a course)

• Plus the following restrictions: – One chart, graph, diagram, drawing, cartoon or

picture per book or per periodical issue– There shall not be more than nine instances of

such multiple copying for one course during one class term.

Guidelines from the University of Texas



• Restrictions (continued): – There shall be no copying of or from works

intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.

– Copying may not be used to create or to replace or substitute for anthologies, compilations or collective works.

Condensed from the Guidelines For Classroom Copying of Books and Periodicals by the University of Texas http://www.utsystem.edu/ogc/intellectualproperty/clasguid.htm

Guidelines from the University of Texas


Obtaining Permission Obtaining Permission When You Need itWhen You Need it

Sample permission letters are available on the Program CD-ROM under

• Resources > Copyright Resources

– Permission letters to copyright owners

– Permission letters to parents to publish student work

– An example letter to use in this training


Remember...Remember...

• These are guidelines, not laws.

• If you feel that any of these guidelines are too restrictive and you want to follow your own “instincts” about what is “fair use,” you are free to do so (within your district guidelines, of course).

• However, realize that the further you venture from these guidelines, the more likely you are to be outside of “fair use.”


What About Software?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.


But I can make copies for my But I can make copies for my own use…right?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.


Unless you have specific Unless you have specific permission from the permission from the copyright owner… copyright owner…

It is It is illegalillegal to 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.


What About Shareware?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.


Freeware is Free…Right?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.


Only Public Domain Software Only Public Domain Software is Truly “Free”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.


Why Should Teachers Follow Why Should Teachers Follow Software Copyright Laws?Software Copyright Laws?

• You should set a good example for your students.

• 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...


PenaltiesPenalties• 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


PenaltiesPenalties• 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.


Another Reason to Follow Another Reason to Follow Software Copyright Law...Software Copyright Law...

• Many software firms offer special sales arrangements to schools and to teachers for their home use, including:– Educational discounts for one copy and/or additional

copies of their software programs,– Reduced-priced lab packs (a quantity of programs sold

together), and/or – Site license agreements (an arrangement that allows a

school to make a specified number of copies for one location at a fixed price).

You don’t need to use illegally-obtained software because…



If you look at Nothing Else...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


Sources ConsultedSources Consultedand For More Information...and For More Information...

“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/fairuse/guidelinedoc.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.html

“Fair Use Guidelines For Educational Multimedia: Background and Summary” by Chris Dalzielhttp://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



“Highlights of the Fair Use Guidelines forEducational 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

“When Works Pass Into the Public Domain in the United States” by Cornell Institute for Digital Collections http://cidc.library.cornell.edu/copyright/


Other ResourcesOther 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.htm


Other ResourcesOther 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


Information on Software CopyrightInformation 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/


Information on Software CopyrightInformation 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



This presentation is copyrighted by Intel.

However, it may be used, with copyright notices intact, for not-

for-profit, educational purposes.

Documents

© 1999-2002 Intel. All rights reserved. Presentation created for the Intel ® Teach to the Future program by Judi Edman Yost Institute of Computer Technology