© 1999 Intel. All rights reserved. Presentation created for the Intel ® Teach to the Future program by Judi Edman Yost Institute of Computer Technology Rev. 6/10/00

© 1999 Intel. All rights reserved. If you have drawn a picture, written a song, or taken a photo, you own the copyright (even if you don’t put a © symbol on it). True or false?

© 1999 Intel. All rights reserved. If you have drawn a picture, written a song, or taken a photo, you own the copyright (even if you don’t put a © symbol on it). True

© 1999 Intel. All rights reserved. What do you have to do legally to use a copyrighted work in something you’re going to post to the Internet? a. Copy and paste it. b. Cite the source. c. Get the creator’s permission. d. Nothing

© 1999 Intel. All rights reserved. What do you have to do legally to use a copyrighted work in something you’re going to post to the Internet? c. Get the creator’s permission.

© 1999 Intel. All rights reserved. You can use any picture on the Internet legally in something you’re going to publish. True or false?

© 1999 Intel. All rights reserved. You can use any picture on the Internet legally in something you’re going to publish. False

© 1999 Intel. All rights reserved. How long does copyright last? a. 10 years b. 50 years c. the life of the creator d. the life of the creator + 70 years

© 1999 Intel. All rights reserved. How long does copyright last? d. the life of the creator + 70 years

© 1999 Intel. All rights reserved. You can’t legally use anything copyrighted without contacting the creator and getting permission. True or false?

© 1999 Intel. All rights reserved. You can’t legally use anything copyrighted without contacting the creator and getting permission. Usually true, but not always…

© 1999 Intel. All rights reserved. There is a way for creators to give you permission to share without you having to ask. Someone who owns a copyrighted work can choose to share by licensing their work under Creative Commons.

© 1999 Intel. All rights reserved. Some examples The Beastie Boys, Nine Inch Nails, and others have licensed music under Creative Commons. Everyone who adds things to Wikipedia agrees to share it under a “some rights reserved” license. Some people are writing open licensed textbooks. These could save college students thousands of dollars.

© 1999 Intel. All rights reserved. CC BY – You can use however you want; just cite the source. CC BY SA – You can use however you want, but you must cite the source AND license your work under a sharing license. CC BY ND – You can use the work but you can ’ t change it or put it into a bigger work; also cite the source. CC BY NC – You can use only if it is noncommercial (you can ’ t charge $); cite the source.

© 1999 Intel. All rights reserved. Other Licenses Public domain – You can do whatever you want with it (mostly government stuff) GFDL (Wikipedia uses this) – Share alike license

© 1999 Intel. All rights reserved. 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.

© 1999 Intel. All rights reserved. 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 , 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.

© 1999 Intel. All rights reserved.

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.”

© 1999 Intel. All rights reserved.

“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...”

© 1999 Intel. All rights reserved. “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;

© 1999 Intel. All rights reserved. “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

© 1999 Intel. All rights reserved. “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.”

© 1999 Intel. All rights reserved.

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.

© 1999 Intel. All rights reserved. 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.

© 1999 Intel. All rights reserved. Limitations on Size/Portions for 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.

© 1999 Intel. All rights reserved. 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

© 1999 Intel. All rights reserved. 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

© 1999 Intel. All rights reserved. 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

© 1999 Intel. All rights reserved. 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

© 1999 Intel. All rights reserved. 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.

© 1999 Intel. All rights reserved. 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

© 1999 Intel. All rights reserved. Attribution & Acknowledgement Crediting the source: –Give a full bibliographic description where available (including author, title, publisher, and place and date of publication). The credit and copyright notice information may be combined and shown in a separate section of the educational multimedia project…Except for images: –Copyright notice and the name of the creator must be incorporated into the image so that it appears on the screen when the image is viewed.

© 1999 Intel. All rights reserved. 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.

© 1999 Intel. All rights reserved. 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.

© 1999 Intel. All rights reserved. Obtaining Permission When You Need it Getting Permission Sample Letter Requesting Permission Copyright Permission Form Letter Obtaining Permissions

© 1999 Intel. All rights reserved. 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

© 1999 Intel. All rights reserved. This presentation is copyrighted by Intel. However, it may be used, with copyright notices intact, for not- for-profit, educational purposes. This presentation also contains elements created by Karen Fasimpaur. It is licensed under CC-BY. Background image courtesy of MorgueFile; photo by Carlos Paes.