Dan Sparlin NCDPI The Copyright Conundrum A Dilemma of the Digital Age.

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Presentation transcript:

Dan Sparlin NCDPI The Copyright Conundrum A Dilemma of the Digital Age

NCDPI What’s the Point? To establish Post Offices and post Roads; 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; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

NCDPI Too Many Cooks! Congress Treaties Courts LOC

NCDPI NC SCOS Computer skills Information Skills Language Arts 21st Century Skills

NCDPI Good News, Bad News

NCDPI Is it or isn’t it?

NCDPI Six Fundamental Rights · Reproduction · Adaptation · Publication · Performance · Display · Digital transmission

NCDPI Six Fundamental Rights · Reproduction · Adaptation · Publication · Performance · Display · Digital transmission

NCDPI Six Fundamental Rights · Reproduction · Adaptation · Publication · Performance · Display · Digital transmission

NCDPI Six Fundamental Rights · Reproduction · Adaptation · Publication · Performance · Display · Digital transmission

NCDPI Copyright or License? User Agreements · U-Tube · Software · VHS Rental · Workbooks · Web sites · Creative Commons

NCDPI The Fair Use Exemption News reporting Criticism Parody Research Education

NCDPI Fair Use Test Market Effect Creative vs Factual Quantity Purpose

NCDPI Fair Use Conditions in Education Non-Profit Face-to-Face Instruction Supporting the Curriculum Legally Obtained

NCDPI Another Exception... Parody or criticism Mad Magazine parodies of the lyrics to popular songs of the day

NCDPI SCENARIOS

NCDPI IMAGES FROM THE INTERNET Is it legal for a student to download a photograph from the Internet for use in a multimedia presentation?

NCDPI IMAGES FROM THE INTERNET Opening Fair-Use Statement Credit the Sources

NCDPI Graphics in Multimedia Not Altered Five images per artist 10% or 15 images

NCDPI PODCAST A BOOK Students record a podcast of a children’s book and post it on their class Web site.

NCDPI 4 of the 6 Fundamental Rights Fundamental · Adaptation · Reproduction · Performance · Digital transmission

NCDPI Student or Contracted Work A student creates an official Web site for his school. After accepting and posting the site, the principal finds objectionable material and removes the site. Does this infringe on the student’s copyright?

NCDPI Student or Contracted Work Congress granted “moral rights” to an artist The student holds the copy- right unless a prior agreement specifies otherwise.

NCDPI Recording Videos A teacher records an HBO video and shows it to her class to illustrate a portion of the curriculum. The fair use exemption applies only to network television

NCDPI A Legal Mural? Students create a mural featuring cartoon characters on a wall on school grounds.

NCDPI The Mural Adaptation Trademarks Moral Rights Student Ownership

NCDPI The Concert Text The PTA videotapes the Spring concert and sells DVDs as a fund-raiser.

NCDPI Beethoven Copyright? Permissions from everyone? Arrangement copyrighted? Reproduction rights? Performance rights?

NCDPI Licensing a Performance ASCAP ( BMI ( Movie Licensing USA ( Criterion Pictures ( Motion Picture Licensing Corp. (

NCDPI Student Wiki Students download a photograph from the National Geographic Web site and post it on the Internet as part of their class Wiki on air pollution.

NCDPI Porta Potty Perplexity A company used the above slogans to advertise their portable toilet business. Is this legitimate? Here’s Johnny! World’s Foremost Commodian

NCDPI Copyright Duration? 1998 Sony Bono Extension Act

NCDPI Statute vs. Guidelines Copyright Act of 1976 Kastenmeier Guidelines (1976) Digital Millennium Copyright Act (1998) CONFU Perception vs. Reality

NCDPI Abandon All Hope?

NCDPI Where Do I Turn?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Abandon All Hope?

NCDPI Examples of default styles Text and lines are like this Hyperlinks like this Visited hyperlinks like this Table Text box With shadow

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