Copyright for the Net-Generation Internet and Multimedia Issues

Objectives Students will be able to... Explain the difference between innocent and willful infringement Recognize sources of copyright infringement on the internet Recognize how they can violate copyright when using the internet Recognize how they can violate copyright when creating multimedia presentations State what is permissible under copyright in regards to a multimedia presentation

Copyright Infringement We know that copyright gives the creator of a work six rights: Reproduction Adaptation Distribution Public Performance Public Display Digital Transmission of Sound Recordings Copyright infringement is when an individual, who does not possess the copyright of a work, violates one or more of these six rights. (Simpson, 2005) Review/Activate Prior Knowledge: Ask students to state/explain the six rights of the copyright holder. You may also wish to review the four factors of fair use (1. purpose/character of use, 2. nature of work, 3. amount to be used, and 4. effect on value/market).

Innocent vs. Willful Infringement Innocent Infringement Occurs when an individual unknowingly violates copyright. Ex. A student posts the lyrics of a copyrighted song on his/her Facebook page not realizing that this is illegal. Willful Infringement Occurs when an individual knowingly violates copyright. Ex. A student downloads several of his/her favorite songs from a file sharing website and burns them onto CDs to give to friends. The individual knows that this act takes away potential income from the artist. Ex. 1) By posting the lyrics online the student has violated the right of public display. Ex. 2) The student has violated reproduction, distribution, and digital transmission of sound recordings

Copyright Infringement on the Internet Music File Sharing Burning the music onto CDs Posting Lyrics Posting Music Videos Song Mash-ups Text Posting copyrighted poems in their entirety Digitizing copyrighted books (PDFs) Agreement between Google Books and Publishers http://books.google.com/googlebooks/agreement/ These all violate the 4th factor of fair use: effect on the market/value of the work (licensing/royalty payments) Are often not posted for educational purposes

Copyright Infringement on the Internet Motion Media Posting movies and television shows in their entirety. Viacom vs. Google Viacom sued Google over the thousands of copyrighted clips posted by users on YouTube. Viacom (owns The Daily Show and The Colbert Report) claims that Google made millions from the posted clips. (Sandoval, 2010) Images Desktop wallpapers adapted from video games and movies Posting a book cover (with art) Posting a cartoon or comic strip These all violate the 4th factor of fair use: effect on the market/value of the work (licensing/royalty payments) Are often not posted for educational purposes Desktop wallpapers violate adaptation All violate distribution Song mashups violates adaptation You may also want to inform your students that downloading and copying computer software without permission is illegal

Copyright Infringement and Multimedia Presentations Music Using an entire song Displaying lyrics Text Creating an anthology of copyrighted poems Including the entire text from a book Motion Media Using more than 3 minutes of a television or movie clip without permission Video editing Images Displaying an entire cartoon or comic strip Creating an anthology of more than five images from a single artist These are examples of common mistakes (innocent infringement)

What Can You Do? Music Text Use 10% (up to 30 seconds) of a copyrighted song. You may loop the music clip Text Up to 10 percent or 1000 words (whichever is less) of a novel, story, play, or long poem Poems less than 250 words may be used in their entirety Only three poems by one poet or five poems by different poets Poems greater than 250 words 3 excerpts from one poem or five excerpts from different poets (Simpson, 2005)

What Can You Do? Motion Media Images Up to 10 percent or three minutes (whichever is less) of an individual movie or television show Images Applies to illustrations, cartoons, and photographs No more than five images from a single artist or photographer From a single collective work-no more than 10 percent or 15 images (Simpson, 2005)

What Can You Do? Cite Your Sources! Public Domain Free Materials On the opening slide of your multimedia presentation include a statement that the presentation includes copyrighted work Avoid plagiarism by properly citing quoted and paraphrased text Include a reference/works cited slide listing your sources Public Domain Materials in the public domain are free for you to use (not protected by copyright) Free Materials Use websites like http://freeplaymusic.com/ that offer copyright free materials. Ask Permission Ask the copyright holder for permission to use the material Inform students that asking permission may take more time than they have for a project or that they may never receive a response from the copyright holder. It is always good to have a back-up plan.

Quiz 1. Explain the difference between innocent and willful infringement. Check Answer

Answer Willful infringement is when an individual purposefully/knowingly violates copyright. Innocent infringement is when an individual unknowingly violates copyright.

Quiz 2. Which of the following violates copyright? Using a photo from the NASA website on your Facebook page Posting a poem by Emily Dickinson on your website Creating a desktop wallpaper of your favorite video game characters

Answer Creating a desktop wallpaper of your favorite video games violates the right of adaptation. Photos from NASA are a part of the public domain and poems by Emily Dickinson were written prior to 1923 and are no longer under copyright.

Quiz 3. Which of the following should you not do when creating a multimedia presentation? Use 10% of a poem written after 1923 Use 20% of a song written after 1923 for the background music Use a clip that is 10% of the length of a television show

Answer Copyright guidelines dictate that you may only use 10% or 30 seconds (whichever is less) of a song in a multimedia presentation.

Quiz 4. Which of the following can you do in a multimedia presentation without having to worry about copyright ? Insert a photo from Britannica Online Insert a photo from National Geographic Insert a photo from the USGS

Answer Photos from the USGS are in the public domain and are free for you to use. If you plan on using a large number of images from one source, then you would need to read the National Geographic and Britannica Online copyright policies to see if it is permissible to use photos from their websites. If permission is not given, you may use no more than 10% of the images or write and ask for permission.

References Sandoval, G. (2010, March 24). In viacom vs. google, legal shenanigans abound. CNET. Retrieved from: http://news.cnet.com/ 8301-31001_3-20001015-261.html Simpson, C. (2005). Copyright for schools: A practical guide, fourth edition. Worthington, OH: Linworth Books. End Show

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