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.

(US Constitution, Article 1, Section 8)

Copyright and the Constitution

Copyright and Fair Use

A Guide for Educators

Presented by Karen Work Richardsonkaren@ivyrun.com

November 19, 2001

The Times Are A-Changing

21st Century Classrooms• Access to resources• Digital technology• Real-life publishing

21st Century Issues• Appropriate use• Fair use• Intellectual property• Attribution

Copyright isn’t…

• About money…– Control is the issue– Instruction versus non-profit

• About giving credit…• About criminal law…

– Civil suits– Some groups extend copyright privileges to

users (PBS)

Test Your Knowledge

• Computer Ethics Quiz: http://www.nevada.edu/~pernellj/quiz.html– Part of a Web Quest on ethics

• http://www.nevada.edu/~pernellj/index.html

• Copyright Issues Quiz: http://cuip.uchicago.edu/wit/2000/curriculum/homeroommodules/copyright/copyrightquiz/copyrighttest.htm

• Fair Use Copyright Quiz: http://www.techlearning.com/content/speak/articles/questions.html

A Highlight: CETUS

• Consortium for Educational Technology in University Systems

• Fair Use Brochure: http://www.cetus.org/fairindex.html

• Includes scenarios and a listserv• Here’s their copyright notice:

– http://www.cetus.org/fair0.html

Web Resources

• Stanford Fair Use Site– http://fairuse.stanford.edu/

• Association of Research Libraries– http://arl.cni.org/info/frn/copy/timeline.html

• PBS Copyright Resource (video use):– http://www.pbs.org/teachersource

/copyright/copyright.shtm• My Links:

http://www.backflip.com/members/witchyrichy

References

• Davidson-Hall, “The Educators’ Lean and Mean No-Fat Guide to Fair Use,” Technology and Learning, Vol. 20 No.2, September 1999, pp.58-64.

• Johnson, Doug. “Developing an Ethical Compass for Worlds of Learning,” Multimedia Schools, Vol.5 No. 1, November/December 1998, pp. 42-47.

Copyright Act of 1976

Copyright owners have the right to reproduce, prepare derivative works, distribute, perform, display, transfer ownership, rent or lend their creations.

Copyright Act of 1976

• Protects original expression• Eligible when creation is fixed in a

tangible form• Length of copyright varies• Cannot sue unless registered

All Rights Reserved

All Rights Reserved is required in Bolivia and Honduras

Copyright © 2001, Karen Work Richardson,

Copyright is not required, may be used instead of symbolSymbol is required in foreign countries; haven’t tested (C)Date is requiredName is required; owner may be different from creator

But there’s no notice…

•Tip! For works published after 1989, a copyright notice is not required so absence of a notice is not grounds for violating copyright.

Quick Copyright Tips

• Limit use of copyrighted materials to your classroom

• Give proper credit• When in doubt, get permission• Use web whacker software carefully• Assume it’s copy written!

Avoiding Plagiarism

Teach good research skills-Notetaking-Appropriate use of quotes-Paraphrasing and summarizing

Make fresh assignments-Diaries and journals-Historical fiction-Investigative reporting

Internet Gem

Purdue’s Writing Lab:http://owl.english.purdue.edu

Their Fair Use Statement:http://owl.english.purdue.edu/lab/fairuse.html\

Have a Policy

• Here’s one from Bellingham, Washington• http://www.bham.wednet.edu/copyrule.htm• Requires written permission or evidence of

public domain• Requires student/parent written permission to

publish student work• Enforce clear publishing standards

Teach Your Children Well

• Do training appropriate to grade level• Give rules (printing, access) AND guidelines

(evaluation skills, appropriate use)• Organize lab area for easy monitoring• Interact with students as they work• Department of Justice:

http://www.usdoj.gov/kidspage/do-dont/netizen.htm

Teach Your Children Well

• Explain intellectual property and fair use• Be a good example• Related technology violations to current

discipline plan• Make the “ten commandments” part of

your computer curriculum

Ten Commandments

• Developed by the Computer Ethics Institute:– http://www.brook.edu/its/cei/cei_hp.htm

• Post these by every computer• An easy way to approach acceptable

use• Discuss specific examples of each one

Ten Commandments

Thou Shalt Not-Use a computer to harm other people-Interfere with other people’s computer work-Snoop around in other people’s files-Use a computer to steal

-Use a computer to bear false witness-Copy or use software for which you have not paid-Use other people’s computer resources without permission-Appropriate other people’s intellectual output

Ten Commandments

Thou Shalt• Think about the

social consequences of the program you are writing or the system you are designing

• Always use a computer in ways that insure consideration and respect for your fellow humans

A few vocab words…

• Public domain• Freeware• Shareware• Commercial software

Want to look for inexpensive or free software?

Try http://www.tucows.com

What Can I Use?

• Logical, comprehensive compilations (telephone books)

• Unoriginal reprints of public domain works• Materials or reprints of materials in the public

domain (all prior to 1923; most between 1923-1963)– Chart of Works in the Publc Domain, http://www.

unc.edu/~unclng/public-d.htm

What Can I Use?

• Freeware (not shareware)• Most U.S. government materials• Facts• Ideas, processes, methods, and

systems described in copyrighted materials

E-texts

• Project Gutenberg– http://www.gutenberg.net/helpex.html#Allo

wed• Most texts are in the public domain so

you may copy and distribute freely• Site itself is copy written

A Public Domain Adventure

• Public Domain Images will sell you public domain materials: http://www.pdimages.com/

• Searched for Tacoma Narrows Bridge: http://www.enm.bris.ac.uk/research/nonlinear/tacoma/tacoma.html

• http://www.civeng.carleton.ca/Exhibits/Tacoma_Narrows/

• http://www.pbs.org/wgbh/nova/bridge/tacoma3.html

• Want a copy of the original film? http://www.camerashoptacoma.com/

And what about the photos?

• Photos and text came from a student report published in 1974– http://www.nwwf.com/profile/piegig01.htm

• Compare to this page:– http://www.enm.bris.ac.uk/research/nonlinear/

tacoma/tacoma.html• Which is a mirror of this site:

– http://www.civeng.carleton.ca/Exhibits/Tacoma_Narrows/DSmith/photos.html

• But where did he get them?

I Have a Dream

• Dr. Martin Luther King’s estate sued CBS for using CBS footage of the speech

• King lost even though he held copyright.• His performance placed it in the public

domain.• http://www.law.pitt.edu/madison/

copyright/mlk.htm

Mapquest and the Queen

• Terms and Conditions: http://www.mapquest.com/cgi-bin/ia_find?link=bcorporate/corporate_copyright&event=no_map

• “This information is provided to you "as is," and you agree to use it at your own risk. MapQuest and its licensors (and their licensors and suppliers, including Her Majesty the Queen in Right of Canada) make no guarantees…”

More on Maps

• Don’t try Yahoo: they use Mapquest• Maps on Us has an incomprehensible

copyright notice but provides the following helpful information on their FAQ page…

Can I put a map on my web page?

• “Due to licensing restrictions, we cannot authorize you to put a map image directly on a web page. However, you can add ``map of'' links to your (non-commercial) web pages. When someone clicks on that link, they will go to our site, and see a map that you have selected. The easiest way to create the url is to use our regular site to create the map you want, and then use the ``Mail It'' link to mail the map to yourself.”

• http://MapsOnUs.switchboard.com/auxcgi/MenuFrameLR.cgi/usr=~3b79dd43.6dc1.6aba.5/c=0?Url=/doc/maps.faq.cgi&Title=FAQ

My Map!• http://MapsOnUs.switchboard.com/bin/maps-map/

usr=~new/mapCentScale=-122.54372%2c47.26393%2c0.40?SelectItems=-&AddMapLabel=-122.54372%2c47.26393%2cTacoma+Narrows+Bridge%2c+Tacoma%2c+WA&SessionSrc=SendMail.m

I Got Carried Away…

The Camera Shop in Tacomahttp://MapsOnUs.switchboard.com/bin/maps-map/usr=~new/mapCentScale=-122.43765%2c47.25451%2c0.40?SelectItems=-&AddMapLabel=-122.43765%2c47.25451%2c1007+Pacific+Ave&SessionSrc=SendMail.m

The Bridge and the Camera Shophttp://MapsOnUs.switchboard.com/bin/maps-map/usr=~new/mapCentScale=-122.43765%2c47.25451%2c2.00?SelectItems=-&AddMapLabel=-122.43765%2c47.25451%2c1007+Pacific+Ave&SessionSrc=SendMail.m

Software

• Buy One, Install One• No more than one user at a time• May be allowed to install it on a

computer at home and work provided no simultaneous use

• Buy a site license or multiple copies if that’s how you plan to use it

Don’t Copy…

• Video from Software Publisher’s Association (SIIA)

• Silly but makes its point• http://www.siia.net/store/describe/d-flop

py.html

Sample Use Policies• Barry’s Clipart

– http://www.barrysclipart.com/Terms/• Bill Nye Recording Rights

– http://nyelabs.kcts.org/teach/faq/faq05_print.html• Smithsonian Image Files Rules

– http://www.si.edu/siphotos/CAPTIONS/oppsrules.html

• National Gallery of Art– http://www.nga.gov/copyright/copy.htm

• Yellowstone National Park– http://www.nps.gov/yell/press/images/index.htm

Smithsonian Image Use

“In keeping with the spirit of the Internet it is the policy of the SI and OPPS to permit casual, non-commercial redistribution of this information; that is, redistribution of information where no commercialism is involved. This means that an Internet user may download a file and share it with others for no personal or commercial gain.”http://www.si.edu/siphotos/CAPTIONS/oppsrules.html

National Gallery of Art

Conditions of Use

The contents of this site, including all images and text, are for personal, educational, non-commercial use only. The contents of this site may not be reproduced in any form without the permission of the National Gallery of Art.

http://www.nga.gov/copyright/copy.htm

Yellowstone National Park“We frequently get requests from the media for graphics that can be used in conjunction with articles and reports on Yellowstone. To help simplify the procedure for acquiring those graphics, this page has been created to provide several publication-quality images in each of the following six categories. They are all in the public domain and are available for use free of charge.”http://www.nps.gov/yell/press/images/index.htm

NPS Photos

From the Government

• From the Library of Congress American Memory Collection– http://memory.loc.gov/ammem/copyrit2.html– LOC doesn’t own copyright so can’t grant permission

• From the National Archives and Records Administration– http://www.nara.gov/nara/terms.html#copyright– Public domain versus copyright

Doing a Search

From the US Copyright Office…• At your own risk• No guarantees• Consult a copyright attorney• My advice: unless it says it isn’t, it is!

Getting Permission

• Suggestions from University of Texas: http://www.utsystem.edu/ogc/IntellectualProperty/permissn.htm

• Copyright Clearance Center: http://www.copyright.com/– Mostly for academic photocopies

What is Fair Use?

• The guidelines apply to use:

• ...without permission,• ...of portions, • ...of lawfully acquired copyrighted works, • ...in educational multimedia projects,• ...created by educators or students,• ...as part of a systematic learning activity,• ...by nonprofit educational institutions.

The Fair Use StatuteNotwithstanding 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.

http://www4.law.cornell.edu/uscode/17/

US Code Copyright Statement: http://www4.law.cornell.edu/uscode/credits.html

Fair Use

• Educators may use copyrighted materials within their own classrooms without express permission from the copyright owner.

Standing on Shaky Ground

• There are limits…• “No real definition of the concept has

ever emerged.” United States Code

Fair Use Standards

• The purpose and character of the use• The nature of the copyrighted work• The amount and substantiality of the

portion used in relation to the work as a whole

• The effect of the use upon the potential market for or value of the work

Purpose Subcategories

• Commercial versus non-profit• Criticism, comment, news reporting,

teaching, scholarship, research (not restrictive)

• Degree of transformation

Purpose and CharacterNonprofitEducationalPersonal

CriticismCommentaryNewsreportingParodyOtherwise "transformative" use

Commercial

Guidelines from the University of Texashttp://www.utsystem.edu/ogc/IntellectualProperty/copypol2.htmIncluded under Fair Use Exemption of US Copyright Law

Nature of MaterialsFactPublished

Mixture of fact and imaginative

ImaginativeUnpublished

Amount of Use

Small Amount More than a small amount

Guidelines from the University of Texashttp://www.utsystem.edu/ogc/IntellectualProperty/copypol2.htmIncluded under Fair Use Exemption of US Copyright Law

Effect of UseTipping towards Fair Use

Original is out of print or otherwise unavailableNo ready market for permissionCopyright owner is unidentifiable

Competes with the originalAvoids payment for permission (royalties) in an established permissions market

Guidelines from the University of Texashttp://www.utsystem.edu/ogc/IntellectualProperty/copypol2.htmIncluded under Fair Use Exemption of US Copyright Law

Students May…

• Use lawfully acquired copyrighted works when producing their own educational multimedia projects for a specified course

• Perform and display their own projects in the course

• Retain them in their own portfolio

Educators May…

• Use lawfully acquired copyrighted works when producing their own educational multimedia projects to support their teaching needs

• Retain them indefinitely for workshops or portfolios

• Retain them for two years for classroom use

Parody

• Parody must comment on the work itself and the humor must come from the meeting of form and content

• Include enough of the original work to link it with the parody but the less similar the more fair use

• Parody can’t destroy the market value for the original

http://www.lsl-law.com/publications/songparodies.cfm

Disclaimer

• Only guidelines• Exceeding these may or may not be fair

use• The bigger the excess, the bigger the

risk

Single Copies

• A chapter from a book• An article from a magazine or

newspaper• A short story, short essay, or short

poem• A chart, graph, diagram, drawing,

cartoon, or picture from a book

Multiple Copy Tests

• Brevity• Spontaneity• Cumulative Effect

Portion Limitations

• 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.

Portion 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.

Portion Limitations• 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.

Portion Limitations• 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.

But it’s on the Web…

• Internet access does not mean works can be reproduced and used without permission or license.

• Some copyrighted works may have been posted without copyright holder’s permission.

Videos in the ClassroomOff-air Record Guidelines:

• May by kept for 45 days • May be shown only within the first 10 days and only

twice • Off-air recordings may be made only at the request of

and used by a teacher. No broadcast program may be recorded off the air more than once at the request of the same teacher, regardless of the number of times that the program is broadcast.

• Duplicate copies may be made if requested by several teachers.

But what about that Cosby episode…From TBS who shows many Cosby reruns… I was wondering how I can go about purchasing videos of episodes

from my favorite series that I watch on the Superstation every day. Can you help?

Unfortunately TBS Superstation does not own the rights to sell any series episodes on video, we only have rights to broadcast. You can try an internet search for more information on purchasing episodes of your favorite series. Also try calling these major video retailers, they do offer some episodes for some series on video. (Time Life and Columbia House)

http://tbs.custhelp.com

I ended up at Columbia House: http://www.columbiahouse.com/sa/ch/homepage.jsp

Nixon’s Resignation

• Available from “The Nixon Project”• Part of the National Archives• “Finding aid” costs $127 • Most news video is under network TV

copyright restriction25th Anniversary of Nixon’s Resignation presented by CNN:

http://www.cnn.com/ALLPOLITICS/stories/1999/08/06/nixon.resigns/

One thing leads to another…

• The Justice department paid the Nixon estate $18 million for the papers seized during Watergate

• Appraisers valued it at $35 million• I read the article at the National Appraisal

Consultants homepage who copied it from the New Jersey Herald with a reference (http://www.nacvalue.com/news.html)

A Bit More Nixon

• Remember our public domain images friends?

• They advertise a picture of Nixon bowling at the White House.

• Here’s mine…• http://faculty.tamu-commerce.edu/saran

takes/nixon-images.html

Other Video Issues

• Entertainment or reward is not permitted under Fair Use: get a license from a distributor or the Motion Picture Licensing Corporation (http://www.mplc.com)

• May use part of a legal copy of a movie in the classroom

• Check out the Home Recording Rights Coalition http://www.hrrc.org/html/hrrc_forum.html

GPN Educational Media

What rights come with my purchase?Rights granted: Audiovisual, public performance, circulation within a single school district and building closed-circuit use are rights granted. For more info, see Rights granted and not granted.

http://gpn.unl.edu/

Disney Teacher StoreDisney videocassettes are protected by copyright and other laws, and all rights thereunder are reserved by the copyright owner. Disney videos sold in this catalog may be shown by nonprofit educational institutions (or their equivalents) for face-to-face instructional purposes. Purchase of videos also includes a license for transmission or broadcast within a single building or school campus, and for showing in connection with other nonteaching school-related activities, as long as no admission fee is charged. http://disney.go.com/educational/teacherstore/orderpolicies.html

Performance

• Must buy or rent scores and scripts• Samuel French:

http://www.samuelfrench.com• Oxford University Press Rental Library:

http://www.oup-usa.org/music/rentallibrary.html– Rental doesn’t grant performance rights

• Boosey & Hawkes: http://www.boosey.com/• Patelson Music House:

http://www.patelson.com

Performance

• And you can’t do Cats at all…• According to the exclusive licensor, the

musical “is not currently available for production.”

• http://www3.rnh.com/theatre/Show_Page1.asp?Show_Title1=Cats

• Online application: http://www.rnh.com/theatre/index.html

Crediting

• Credit the sources• Display the copyright notice for all

incorporated works including fair use• Credit and copyright information may be

combined and shown in a separate section except for images incorporated for remote use

So, who owns the citations?

• The Modern Language Association sells its handbook for $14.95 and its style manual for $25.00.

• So what about this university website?– http://www.wisc.edu/writing/Handbook/elec

mla.html

The University Copyright• All materials on this web site, including images, are

the property of the University of Wisconsin-Madison Writing Center, and are not to be downloaded, reproduced, or used elsewhere. Please don't copy or reproduce what we've come to consider our own little bit of intellectual property. You may, of course, provide hypertext pointers to our materials, as long as proper credit is given for their source.

• http://www.wisc.edu/writing/AboutUs/Copyright.html

Notice of Use Restrictions

• Materials are included under fair use exemption of U.S. Copyright Law

• Materials are included in accordance with the multimedia fair use guidelines.

• Materials are restricted from further use.

The Future

• UCITA: makes shrink-wrap and click-on user agreements binding http://copyright.ala.org/

• Less copyright?– The Right Way

• http://www.poets.org/poems/poems.cfm?prmID=1479– The “Internet” Way

• http://www.nku.edu/~diesmanj/poetryindex.html• http://www.nku.edu/~diesmanj/painters.html

– The Middle Way?• http://www.english.uiuc.edu/maps/poets/g_l/hughes/

hughes.htm