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BMA-IBT-2 2.2 DEMONSTRATE ETHICAL AND LEGAL ACTIONS WITH REGARDS TO PLAGIARISM, FAIR USE, AND COPYRIGHT LAWS

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Why Care?

• ETHICS• LAW• CURRICULUM

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Federal Law

United States Constitution, Article I, Section 8

The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

Federal Law Title 17, U.S. Code

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Copyright Review

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Copyright –

is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

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Copyright protects

original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture

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Scope of Copyright - Six Fundamental Rights

1.Reproduce the work

2.Prepare derivative works based upon the work

3.Distribute copies of the work to the public

4. Perform the work publicly

5. Display the copyrighted work publicly

6. Perform the work publicly by means of digital audio transmition.

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Fair Use

• Sets limitations on rights of copyright holders

• Guidelines not absolute

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Fair Use Conditions

1. Non-profit educational institutions or homebound instruction

2. Face-to-face instruction – students and teachers

3. Support of curricular objectives

4. Legally obtained

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Teachers

Educators may use their own multimedia presentations to teach in-service classes, for presentations at faculty meetings, workshops, and conferences.

Becker, Gary H. Copyright: A Guide to Information and Resources. 3rd Ed. Lake Mary, 2003. 58-59.

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Fair Use Factors/Test

1. Purpose and character of use

2. Nature of copyrighted work

3. Amount copied

4. Cumulative effect of use

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Scenario – Online Pictures

You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation.

Is this a copyright violation?

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Internet

Assume everything is copyrighted

Use existing guidelines for appropriate media format

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Pictures

Used in its entirety

No more than 5 images per artist

No more than 10% or 5 images

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Scenario – The Presentation

You are presenting at a conference using PowerPoint. You include quotes, photographs,

music, and videos.

Is this a copyright violation?

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Text

Up to 10% or 1000 words, whichever is less

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Issue - Pictures

Up to 5 or 10% of images from single artist

Up to 15 images from a collection

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Issue - Music

10% but no more than 30 seconds

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Video

10% of motion media or 3 minutes, whichever is less

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Scenario – The Publication

You publish guidelines and distribute them statewide.

You used copyrighted text passages and graphics.

Is this a copyright violation?

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Probably

Publication is a fundamental right

Ask for and get permission

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Scenario - Web sites

You create a Web site and add a popular cartoon character for humor

Is this a copyright violation?

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Probably

Posting on the Internet is publication

Cartoon characters are highly creative works

Ask for and get permission