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What is it
and
why should I care?
Copyright
Basic Copyright
InternetMultimedia
Fair UseBasic
CopyrightFair Use
Multimedia Internet
Definition
Copyright is the exclusive right of the author of a creative work to control the copying of that work.
Seems simple enough…well, maybe not...
Copyright provides the creator of a work the exclusive right to... Reproduce the work. Prepare derivative works. Distribute copies or recordings. Perform the work publicly. Display the work publicly.
Literary works Musical works, including
accompanying words Dramatic works, including
accompanying music Pantomimes and
choreographic works Pictorial, graphic and sculptural
works
What can be copyrighted?
Motion pictures and other audio visual works
Sound recordings Architectural works
What can be copyrighted?
What CAN’T be copyrighted? an idea procedure, process, system or
method of operation a concept or principle a discovery
regardless of the form in which it is explained, illustrated, or embodied in a work.
How do I know if a work is copyrighted? Works published in the U.S. prior to 1978
must have a formal copyright notice to receive protection. (Unpublished works prior to 1978 are protected.)
Today all materials receive automatic copyright once they are fixed in a “tangible medium”. (A copyright notice or registration of copyright is NOT required!)
How long does copyright last?
As of January 1, 1978, the length of copyright is the life of the author plus 70 years.
For works published before 1978, copyright lasts for 28 years plus renewal of 67 years (95 years total).
HUH?
General rule of thumb…– If it was published prior to 1923, it is in the
public domain (which means anyone can use it).
– If it was published between 1923 and 1977, it may have up to 95 years of copyright protection.
– If it was published after 1977, it has “life of the author plus 70 years” protection.
How long does copyright last?
When in doubt…
Get
Permission!!!
How to get copyright permission
Determine the owner of copyright from the publication or through a copyright office search
Send letter/email request (handout)
What do you think?
How do I register a copyright?
What are the penalties if the court finds that a teacher or librarian knowingly infringed upon the copyright?
The answers are...
Generally, filing a simple form, depositing 2 copies of a published work and paying a filing fee.
Defendants in copyright infringement cases have been fined anywhere from $500-$100,000, depending upon the severity of the action.
Limitations on “Exclusive Rights”
The Doctrine of
“Fair Use”
Definition
“The Copyright Act provides that the fair use of a copyrighted work for purposes of teaching, scholarship or research is not an infringement of copyright.
Fair use provides cost-free access to the author’s work even during the term of copyright protection.”
Legal Issues & Education Technology
To be or not to be…. “Fair Use”.
Purpose and character of the use Nature of the copyrighted work Amount and substantiality of the
portion used Effect of use on potential market
for or value of the work
Purpose and character of use...
Nature of the work...
Amount of the work used...
Effect on potential earnings...
Creating a Multimedia Work
Educational Multimedia
Fair Use Guidelines
Students Educators
May perform and display their own projects in the course for which they were created.
May keep these projects in their own portfolios indefinitely.
May use portions of copyrighted materials to produce multimedia projects for classroom use.
Portion Limitations - Definition
Amount of copyrighted work that reasonably can be used in a project regardless of the original medium from which the copyrighted works are taken.
Apply cumulatively to each project
Text Material
Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text.
Text Material - Poems
Poems < 250 words One entire poem of
< 250 words
No more than three poems by one poet
No more than five poems by different poets from any single anthology
Up to 250 words
no more than three excerpts by a single poet
no more than five excerpts by different poets from a single anthology.
Poems >250 words
Text Material - Poems
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.
Motion Media
Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work.
Illustrations or 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.
Name ID Age Gender Grade
Bill 2349 16 Male 11
Janine 4387 15 Female 10
Roger 4657 16 Male 11
Frank 3928 17 Male 11
Rose 2948 17 Female 12
Whataboutthe
Web?
Downloading from the Internet
Just because it is on “the Net” doesn’t mean it is without copyright!
Some materials on the Internet have already been posted without authorization of the copyright holder!
Copyright law on the “Net”...
Copyright law on the Internet is NO different from the law covering materials in any other medium.
Rather than copying material, link to it. The most common violations of copyright
are the copying of pictures and clipart.
Other Issues on the Internet
Web pages are considered a work of art and owned by the student, even if part of the school’s web site.
Email is copyrighted. To protect any material on a web page,
email, or listserv, it is good practice to put a copyright disclaimer on it.
The Digital Millennium Copyright Act of 1998
Application - Software
Considered a “literary work” Copyright generally controlled by license
agreement - READ IT Legal to make ONE back up copy of a
piece of software. Freeware vs. shareware
Thank You
