The ABC’s of Intellectual Property in the Classroom Zenia C. Bahorski Ph.D. Konnie G. Kustron J.D.

The ABC’s of Intellectual Property in the Classroom Abstract: – Learn about the intellectual property that exists in the classroom. Educate yourself on the legal rights you have in your creative works. Understand what types of materials are excluded from legal protection and are found in the public domain. Lastly, find out how to protect your copyright by registering your work. This presentation should not be considered legal advice. All cited authorities should be verified and updated. Always consult with your respective counsel to determine your duties under applicable state and federal law. April, 2012Copyright 2012, Bahorski & Kustron2

Copyright - Outline Why is Copyright Important? What Gives us the “Right” of Copyright? What is Included Under Intellectual Property? What is Copyright? Who Can Claim Copyright? What Rights Does Copyright Confer? What Works are Protected by Copyright? What Works are NOT Protected by Copyright? What is the Duration of Copyright? How is a Copyright Obtained? Fair Use: Modeling Good Behavior RISK Management Classroom Examples Legalities of Infringement A Word of Caution April, 2012Copyright 2012, Bahorski & Kustron3

Why is Copyright Important? Teachers/students should know existing laws –Who owns what? Teachers/students should advocate social responsibilities and encourage other to do so –Who can use what? And… Because the NBEA says so –Students need to know this “ to become knowledgeable and ethical decision makers” ( Business Education Standards, para. 3) And… Because it is the “right thing to do.” April, 2012Copyright 2012, Bahorski & Kustron4

What Gives us the “Right” of Copyright? United States Constitution, Article 1, Section 8: –The Congress shall have Power… To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries April, 2012Copyright 2012, Bahorski & Kustron5

What is Included Under Intellectual Property? Copyright Trademarks Patents Trade Secrets April, 2012Copyright 2012, Bahorski & Kustron6 Source: Wikipedia® Commons

What is Copyright? Form of protection extended to “original works of authorship” Both published and unpublished works are eligible for copyright protection April, 2012Copyright 2012, Bahorski & Kustron7

Who Can Claim Copyright? Copyright protection attaches immediately with the original work of authorship is fixed in a tangible form April, 2012Copyright 2012, Bahorski & Kustron8

Who Can Claim Copyright? Author of the work Someone who has commissioned a work for hire April, 2012Copyright 2012, Bahorski & Kustron9

Who Can Claim Copyright? Teacher Teacher prepared materials – Quizzes – Projects – Activities – Lectures (prepared) Student Student created assignments Group projects are jointly owned by the group IF MINOR: – Minors can “claim” a copyright – Minors cannot “enforce” the copyright through litigation April, 2012Copyright 2012, Bahorski & Kustron10

What Rights Does Copyright Confer? Exclusive right to: Reproduce the work Produce derivative works Copy the work Publicly perform the work Publicly display the work April, 2012Copyright 2012, Bahorski & Kustron11

What Works are Protected by Copyright? Literary Works Musical Works Dramatic Works Pantomimes & Choreography Pictorial, Sculptural, Graphic Works Motion Pictures Sound Recordings Architectural Works April, 2012Copyright 2012, Bahorski & Kustron12

What Works are NOT Protected by Copyright? Blank forms Processes Ideas Methods Slogans Titles Federal documents X April, 2012Copyright 2012, Bahorski & Kustron13

What is the Duration of Copyright? After 1/1/78 Life of author plus 70 years Before 1/1/78 Total term of 95 years (changed 1998) April, 2012Copyright 2012, Bahorski & Kustron14

How is a Copyright Obtained? Formal copyright registration is not required in order to have a valid copyright Benefits of Registration: –P–Public record is required to bring suit against an infringer –C–Copyrighted work is protected from anyone bringing an infringed copy from outside the U.S. –I–If registered within 3 months of publication or prior to infringement, statutory damages and attorney’s fees April, 2012Copyright 2012, Bahorski & Kustron15

How is a Copyright Obtained? How to Register: –Appropriate form –File a copy At least one copy of book, manuscript, online work, poetry, or other Pictures of 3-dimensional works –Pay a nonrefundable fee $35.00 for filing online $65.00 for filing by mail (regular forms) $50.00 filing for Form CO –2D Barcode by mail –replaces regular forms April, 2012Copyright 2012, Bahorski & Kustron16

How is a Copyright Obtained? Copyright Symbol: © –Copyright symbol is not required As of March 1, 1989 Published AND Unpublished works are automatically copyrighted AS SOON AS the work is “fixed” in the form of a copy of the work –Advantages of the copyright symbol Informs public that the work is protected by copyright Identifies the copyright owner –Infringer can’t base defense on “innocent infringement” April, 2012Copyright 2012, Bahorski & Kustron17

Creative Commons bysancnd April, 2012Copyright 2012, Bahorski & Kustron18

What are the Limitations of Fair Use? 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4.the effect of the use upon the potential market for or value of the copyrighted work (U.S. Copyright Office, Circular 92, p. 19). April, 2012Copyright 2012, Bahorski & Kustron19

What are the Limitations of Fair Use? Single copies made for research or teaching (Faculty and students) – A chapter from a book – An article from a periodical or newspaper – A short story, short essay or short poem, whether or not from a collective work – A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper (U.S. Copyright Office, Circular 21, 1995, p. 8) April, 2012Copyright 2012, Bahorski & Kustron20

What are the Limitations of Fair Use? Multiple copies made for students in class 1.The copying meets the tests of brevity and spontaneity – Brevity: – Poem – Less than 250 words and if printed on not more than 2 pages: Complete – Longer than 250 words: Limited to 250 words – Prose: – Less than 2500 words: Complete work – Longer than 2500 words: Maximum of 10% or 1000 words, whichever is less – Spontaneity: Only if there is no time to get permission (U.S. Copyright Office, Circular 21, 1995, p. 8) April, 2012Copyright 2012, Bahorski & Kustron21

What are the Limitations of Fair Use? Multiple copies made for students in class (or made by students for peer’s as part of an assignment) 2. Meets the cumulative effects test – Prohibits the use of copies that will “substitute for the purchase of books, publishers’ reprints or periodicals” 3.Each copy includes a notice of copyright (U.S. Copyright Office, Circular 21, 1995, p. 8) April, 2012Copyright 2012, Bahorski & Kustron22

Fair Use: Modeling Good Behavior IS it reasonable to assume that only “part” of a copyrighted work is sufficient? – Example: Mona Lisa’s smile? Use of an image or document – Passing it out – Displaying in class – ALWAYS indicate its source! April, 2012Copyright 2012, Bahorski & Kustron23 Source: Wikipedia® Commons

RISK Management DOCUMENT ITS PURPOSE: – IF you can “substantiate” its use (it is germane to the lesson objective), then it “should” be OK RISK MANAGEMENT: – IF it is available online: send the students to the online version – IF it is not available in print: Is anything else available that would serve the same purpose? April, 2012Copyright 2012, Bahorski & Kustron24

Classroom “Examples” How to teach ethical principles associated with copyright? Who owns the “assignment?” April, 2012Copyright 2012, Bahorski & Kustron25

Classroom Example 1: What is Intellectual Property? What is intellectual property? –Have students bring in examples of a copyrighted work, a patented item, or a trademark –Discuss Origins of Intellectual Property Duration of Intellectual Property Ownership What it takes to “Register” Ownership April, 2012Copyright 2012, Bahorski & Kustron26

Project Example 2: What is “Fair Use”? What are the limitations of using others' intellectual property? –Have the students define the Principles of Fair Use (using examples from online sources) - (see fair use computer activity) April, 2012Copyright 2012, Bahorski & Kustron27

Project Example 3: Modeling “Good Behavior” Investigating Intellectual Property –Cite the Sources Activity - Have the students: Prepare an APA formatted mini-report on a subject of your or their choosing. Include a model of: –A cover page –The report –A References page From 3 sources: Go out and “copy” and “paste” –an embedded quote, –a block quote, –and a paraphrased statement April, 2012Copyright 2012, Bahorski & Kustron28

Sample of Modeling Running Head: SHORT TITLE 1 Longer Title of Document Your First and Last Name Institution Name April, 2012Copyright 2012, Bahorski & Kustron29

Legalities of Infringement Your Rights Are Infringed: Send a Cease and Desist Letter Was a copyright filed with the Copyright Office? – IF YES, You may: File Lawsuit: Request Injunction and damages “May” be awarded attorney fees – IF NO, You may: File to Request Injunction Copyright Basics, p. 7 You Infringe: You may be sued! You may be responsible for damages! You may be required to license the materials and pay April, 2012Copyright 2012, Bahorski & Kustron30

A Word of Caution Student work is covered by copyright! – Turnitin ® ? – Get permission! April, 2012Copyright 2012, Bahorski & Kustron31

Contact Information Zenia C. Bahorski Ph.D. Department of Computer Science Eastern Michigan University Ypsilanti, MI Konnie G. Kustron J.D. School of Technology Studies Eastern Michigan University Ypsilanti, MI Web Page (Resources): Images: iStockphoto® Microsoft®Clipart Wikipedia® Commons April, 2012Copyright 2012, Bahorski & Kustron32