Teach to the FutureLinear Linux

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.

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.

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...”

“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;

“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

“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.”

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– You’re not providing copies just so your students

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

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...

Fair Use Guidelines for Educational 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 Educational 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…

• 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?

• 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...

• 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 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.

Educator 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).

Educator Guidelines

• 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

Educator Guidelines

• 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/Portionsfor 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.

• 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.

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

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.

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.

Limitations on Size/Portions

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.

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

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.

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.

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.”

Obtaining Permission When You Need it

Getting Permission http://www.utsystem.edu/OGC/IntellectualProperty/permissn.htm

Sample Letter Requesting Permission http://www.utsystem.edu/OGC/IntellectualProperty/permmm.htm

Resource Permission Template for Teachers http://www.gsn.org/weblib/landmar/DOCS/tchrnote.htm

Resource Permission Template for Students http://www.gsn.org/weblib/landmar/DOCS/stdntnte.htm

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 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 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.

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 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 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 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...

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

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.

Another Reason to Follow 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...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 Consultedand 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

Sources Consultedand For More Information...

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

Sources Consultedand For More Information...

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

Other ResourcesRules 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 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 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 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