Top Ten Copyright Myths Vickie McCarthy Region IV Education Service Center 2/4/2019 Created by Region IV Education Service Center

Why Has Copyright become an Issue? Due to the ease of copying graphics, images, text and video from the Internet, there has been a heightened concern about copyright violation. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center What is Copyright? Copyright Guarantees for the Creator of a Work the Rights to: Copy Reproduce Distribute or sell Perform and display publicly Prepare new works based on the protected work 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center What is Copyrighted? Literary works Musical works, including words Dramatic works, including music Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures and audiovisual works Sound recordings 2/4/2019 Created by Region IV Education Service Center

What Cannot be Protected by Copyright? Works, ideas, and facts are in public domain. Words, names, slogans, or other short phrases also cannot be copyrighted. However, slogans, for example, can be protected by trademark law. Blank forms. 2/4/2019 Created by Region IV Education Service Center

“It’s For An Educational Purpose” 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Fair Use Allows you to use material for : criticism comment news reporting teaching scholarship research 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Four Fair Use Factors Purpose and Character of the Use Nonprofit or Educational Purposes The Nature of the Copyrighted Work Factual or Artistic The Amount That Is Used Less is More! Adhere to Guidelines The Effect of the Use on the Potential Market Are you preventing the creator from profiting financially? 2/4/2019 Created by Region IV Education Service Center

What are the Rules for Fair Use for Instructors? Copying by teachers must meet the tests of brevity and spontaneity: Brevity refers to how much of the work you can copy. Spontaneity refers to how many times you can copy. One Semester Rule You are expected to request permission as soon as possible. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center What Can Be Copied? A chapter from a book (never the entire book). An article from a periodical or newspaper. A short story, essay, or poem. One work is the norm whether it comes from an individual work or an anthology. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center What Should Be Avoided? Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals. Copying the same works from semester to semester. Copying the same material for several different courses at the same or different institutions. Copying more than nine separate times in a single semester. 2/4/2019 Created by Region IV Education Service Center

“I got if from the Internet” 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Internet Copyright You cannot print web pages, photos, or other information from the internet without permission from the source These are considered literary works under the copyright law The Internet IS NOT the public domain. There are both uncopyrighted and copyrighted materials available. Assume a work is copyrighted. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Tips for the Internet Always credit the source of your information Find out if the author of a work (e.g., video, audio, graphic, icon) provides information on how to use his or her work. If explicit guidelines exist, follow them. Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center “I’m not selling it” 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center You may not be making any profit-but are you preventing someone else from Making a profit! It's still a violation if you give it away -- and there can still be heavy damages if you hurt the commercial value of the property. 2/4/2019 Created by Region IV Education Service Center

“I just used half of the song” 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Fair Use Guidelines Music, Lyrics, and Music Video: Up to 10 Percent of the Work but No More Than 30 Seconds of the Music or Lyrics From an Individual Musical Work. Illustrations or Photographs: No More Than Five Images From One Artist or Photographer. No More Than 10% or 15 Images, Whichever Is Less, From a Collection. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Fair Use Guidelines Text material: Up to 10 percent of the total or 1,000 words, whichever is less. 3 poem limit per poet, 5 poem limit by different poets from an anthology. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Fair Use Guidelines Numerical data sets: up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: no more than two copies may be made of a project. Motion media: Up to 10 percent of the total or three minutes, whichever is less. 2/4/2019 Created by Region IV Education Service Center

“It doesn’t have the little ©” 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center © In the United States, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. You should assume for other people's works is that they are copyrighted and may not be copied unless you know otherwise. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center “Who’s gonna know?" 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Basic Books, Inc. v. Kinko’s Graphics Corporation United States District Court for the Southern District of New York March 28, 1991 Encyclopaedia Britannica v. Crooks United States District Court for the Western District of New York March 10, 1983 School Districts in Texas 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center “I cited the source” 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Nowhere in copyright law does it say that if you give credit to the author you are not in violation of the law. The only exception is if you have a licensing agreement with an author, publication, or company. 2/4/2019 Created by Region IV Education Service Center

When Should You Get Permission? When you intend to use the project for commercial or noneducational purposes. When you plan to distribute the project beyond the scope of the guidelines. 2/4/2019 Created by Region IV Education Service Center

“I just made a couple of copies" 2/4/2019 Created by Region IV Education Service Center

Guidelines covering the area of making copies for students in class. Under these guidelines, a teacher may make a single photocopy of a chapter of a book, an article from a magazine, journal or newspaper, a short story, short essay, or a short poem. The teacher may also make a copy of a picture, chart or graph from any of the aforementioned materials. Multiple copies of short works and excerpts must meet strict standards of brevity, cumulative and spontaneity. 2/4/2019 Created by Region IV Education Service Center

“But the Author’s Dead?” 2/4/2019 Created by Region IV Education Service Center

The duration of United States copyright is: The Sonny Bono Copyright Term Extension Act signed in 1998 extends the protection of copyrighted work by 20 years. Works are now protected for the life of the author plus 70 years (previously 50) 2/4/2019 Created by Region IV Education Service Center

“What about my Distance Ed. Class?” 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Distance Education Information must be… Regular part of systemic instructional activity by a non-profit institution or governmental body. Must be directly related to instruction and of material assistance to the content. Primarily for reception to participants with disabilities or special circumstances that prevent attendance in the classroom.**(being redefined by technological differences -i.e. graduate courses) 2/4/2019 Created by Region IV Education Service Center

Limitations in DE transmission Transmission of entire copyrighted work or a large portion can be transmitted only once for a distance learning course. Subsequent performances, displays or access, permission must be obtained. Receiving institutions may record or copy the performance and retain the copy for 15 days for students enrolled in the course only. 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Permission Required Commercial Uses Dissemination of recorded courses Uncontrolled access to the class Use beyond 15-day limitation 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Internet Resources Copyright Implementation Manuel http://groton.k12.ct.us/mts/cimhp01.htm Stanford University Fair Use http://fairuse.stanford.edu/ Tell It To The Judge Copyright Quiz http://www.news.com/Quiz/Entry/ The Copyright Website http://www.benedict.com/ Managing Copyright in Schools http://courses.unt.edu/csimpson/NECC/index.htm 10 Copyright Myths http://www.templetons.com/brad/copymyths.html 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Internet Resources Copyright and Fair Use in the Classroom http://www.umuc.edu/library/copy.html Crash Course in Copyright http://www.lib.utsystem.edu/copyright/ Citing Electronic Sources http://www.wilpaterson.edu/wpcpages/library/citing.htm Copyright in a Digital World http://www-ninch.cni.org/ISSUES/COPYRIGHT.html Copyright Facts http://publications.urel.wsu.edu/copyright/CopyrightFacts/copyrightfacts.html Copyright Permission Letters http://www.loc.gov/copyright/forms/ 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Summary Best practice is to get permission from the source for everything you use! Always keep records of permission agreements. Give credit where credit is due! Adhere to the 4 Fair Use Factors and Guidelines Only the Courts can determine Fair Use Copyright violation is a Civil violation not Criminal! 2/4/2019 Created by Region IV Education Service Center

Created by Region IV Education Service Center Power Point Resources This presentation contained graphics from Microsoft Clip Art Gallery (Copyright, 2000, Microsoft Corp.) Exempted under the Fair Use to US Copyright laws. Facts reproduced under the Fair Use Copyright Act from the following web site: United States Copyright Office Library of Congress (200, Jan. 10). Copyright Basics. Available online at: http://lcweb.loc.gov/copyright/ 2/4/2019 Created by Region IV Education Service Center