What is it and why should I care?

Copyright Basic Copyright InternetMultimedia Fair Use

Definition 4 Copyright Act of 1976, a federal statute. 4 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... 4 Reproduce the work. 4 Prepare derivative works. –Works that have been altered or changed. 4 Distribute copies or recordings. 4 Perform the work publicly. 4 Display the work publicly.

4 Literary works 4 Musical works, including accompanying words 4 Dramatic works, including accompanying music 4 Pantomimes and choreographic works 4 Pictorial, graphic and sculptural works What can be copyrighted?

4 Motion pictures and other audio visual works 4 Sound recordings 4 Architectural works What can be copyrighted?

What CAN’T be copyrighted? 4 an idea 4 procedure, process, system or method of operation 4 a concept or principle 4 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? 4 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 (Unpublished works prior to 1978 are protected.) 4 Today all materials receive automatic copyright once they are fixed in a “tangible medium”.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? 4 As of January 1, 1978, the length of copyright is the life of the author plus 70 years. 4 For works published before 1978, copyright lasts for 28 years plus renewal of 67 years (95 years total). HUH?

4 General rule of thumb… –If it was published prior to 1923, it is in the public domain (which means no one owns it and any one 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 4 Determine the owner of copyright from the publication or through a copyright office search 4 Send letter/ request

What do you think? 4 How do I register a copyright? 4 Generally, filing a simple form, depositing 2 copies of a published work and paying a filing fee.

What do you think? 4 What are the penalties for knowingly infringing upon copyright? 4 Defendants in copyright infringement cases have been fined anywhere from $500- $100,000, depending upon the severity of the action.

What about the Web?

Copyright law on the “Net”... 4 Copyright law on the Internet is NO different from the law covering materials in any other medium. 4 Rather than copying material, link to it. 4 The most common violations of copyright are the copying of pictures and clipart.

Limitations on “Exclusive Rights” The “Doctrine of Fair Use”

Definition 4 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. 4 Fair use provides cost-free access to the author’s work even during the term of copyright protection.” 4 Requires you to give credit to the author or creator of any material you use.

To be or not to be…. “Fair Use”. 4 Purpose and character of the use 4 Nature of the copyrighted work 4 Amount and substantiality of the portion used 4 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 4 May perform and display their own projects in the course for which they were created. 4 May keep these projects in their own portfolios indefinitely. 4 May use portions of copyrighted materials to produce multimedia projects for classroom use.

Portion Limitations - Definition 4 Amount of copyrighted work that reasonably can be used in a project regardless of the original medium from which the copyrighted works are taken. 4 Applies 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 4 One entire poem of < 250 words 4 No more than three poems by one poet 4 No more than five poems by different poets from any single anthology

4 Up to 250 words 4 no more than three excerpts by a single poet 4 no more than five excerpts by different poets from a single anthology. Poems >250 words Text Material - Poems

Music, Lyrics, and Music Video 4 Up to 10% 4 but no more than 30 seconds of music and lyrics from a single musical work 4 Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

Motion Media 4 Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work.

Illustrations or Photographs 4 A photograph or illustration may be used in its entirety. 4 No more than 5 images by an artist or photographer. 4 Not more than 10% or 15 images, whichever is less, from a single published collected work.

Numerical Data Sets 4 Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table.

Academic Standards

4 Scholars and researchers must give credit not only when quoting someone else’s exact words but also for the ideas those words represent. 4 They cannot paraphrase what someone else says and not give credit for it. 4 Give credit for everything that is not yours exclusively.

The Digital Millennium Copyright Act of 1998

Software 4 Considered a “literary work” 4 Copyright generally controlled by license agreement - READ IT 4 Legal to make ONE back up copy of a piece of software. 4 Freeware is software that is available for free. 4 Shareware is copyrighted software that is available free of charge on a trial basis, usually with the condition that users pay a fee for continued use and support.

Computer Fraud and Abuse Act of 1986

Computer Fraud & Abuse Act Stealing passwords or hacking into a network in order to steal information, commit fraud, or inflict intentional damage is illegal.

Security and Freedom Through Encryption Act (SAFE)

SAFE Allows U.S. citizens to protect their own material using encryption techniques but makes it a Federal crime to use technology to conceal a crime. Encryption – technology that scrambles information so that only the sender and receiver can read it.

Ethics Computer Ethics Appropriate Use Property Issues Privacy

Ethics 4 That branch of philosophy dealing with values relating to human conduct, with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions. 4 An "ethical action" is one that does not have a damaging impact on oneself, other individuals, or on society.

Computer Ethics 4 A set of moral principles that regulate the use of computers. 4 Some common issues of computer ethics include intellectual property rights (such as copyrighted electronic content), privacy concerns, and appropriate use.

Computer Ethics 4 While it is easy to duplicate copyrighted electronic (or digital) content, computer ethics would suggest that it is wrong to do so without the author's approval. 4 While it may be possible to access someone's personal information on a computer system, computer ethics would advise that such an action is unethical. 4 While there isn’t a law against something, ethics would say that doesn’t make it right to do.

Privacy 4 Does my use of the technology violate the privacy of others? 4 Am I giving information to others that I should not? 4 Information inadvertently left accessible does not mean that it is appropriate to access it.

Property Issues 4 Do my actions respect the property of others? 4 Am I taking the correct steps to keep my property safe? 4 The theft or destruction of intellectual property is unethical (and unlawful). 4 Computer viruses, often infecting a computer through downloading software from the Internet can be destructive.

Appropriate Use 4 Does this use of the technology have educational value? 4 An “Acceptable Use Policy” governs the use of the Internet and other information technologies and networks in a school and business. 4 Plagiarism is easier than ever, thanks to the computer, but is not appropriate or ethical.

Plagiarism 4 to steal and pass off (the ideas or words of another) as one's own 4 to use (another's production) without crediting the source 4 to commit literary theft 4 to present as new and original an idea or product derived from an existing source.

Moral Imperatives 1. I will contribute to society and human well-being. 2. I will avoid harm to others. 3. I will be honest and trustworthy. 4. I will be fair and not discriminate. 5. I will honor property rights including copyrights and patents. 6. I will give proper credit for intellectual property. 7. I will respect the privacy of others. 8. I will honor confidentiality. Computing Machinery's Code of Ethics and Professional Conduct (1993)

Johnson's 3 P's of Technology Ethics 1. Privacy - I will protect my privacy and respect the privacy of others. 2. Property - I will protect my property and respect the property of others. 3. a(P)propriate Use - I will use technology in constructive ways and in ways which do not break the rules of my family, church, school, or government.

Sources  South Dakota Department of Education  Ethics - Johnson   ACM (Association for Computing Machinery) Code of Ethics and Professional Conduct

Thank You