© 1999 Intel. All rights reserved. Presentation created for the Center High School Computer Applications Class by Judi Edman Yost Institute of Computer Technology Rev. 5/9/01

© 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. So it would seem that it’s “fair use” if… The copying is for educational use; The original material is mainly facts and is published; You use portions to make your point, not whole sections; and You’re not taking potential sales away from the original

© 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. 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 Copyright Permission Form Letter Obtaining Permissions

© 1999 Intel. All rights reserved. Remember... These are guidelines, not laws. However, realize that the further you venture from these guidelines, the more likely you are to be outside of “fair use.”

© 1999 Intel. All rights reserved. What About Software? Use of software does not fall under fair use! Public or private educational institutions are not exempt from the software copyright laws. When you purchase software, you are only purchasing a license to use the software – you don’t own it.

© 1999 Intel. All rights reserved. But I can make copies for my own use…right? Anyone who purchases a license for a single copy of software has the right to load it onto a single computer and to make another copy "for archival purposes only." Any other use than “archival” must be approved by the copyright owner.

© 1999 Intel. All rights reserved. Unless you have specific permission from the copyright owner… It is illegal to Purchase a single user license and load it onto multiple computers or a server, Download copyrighted software from the Internet or bulletin boards, or Load the software your school purchased onto your computer at home.

© 1999 Intel. All rights reserved. What About Shareware? Shareware is software that is passed out freely for evaluation purposes only. You are allowed to try it out before you pay for it. Evaluation time is usually 30 days. If you wish to keep the software program, then you must pay to keep your evaluation copy. Shareware is often fairly inexpensive.

© 1999 Intel. All rights reserved. Freeware is Free…Right? Freeware is also covered by copyright laws and subject to the conditions defined by the holder of the copyright. –You can distribute freeware, but not make any money on it. –You can modify and build other software programs based on the freeware, but those “new” programs cannot be sold for profit.

© 1999 Intel. All rights reserved. Only Public Domain Software is Truly “Free” Copyright rights have been relinquished. There are no distribution restrictions. You can modify the original software and build new software. You can sell your modified software.

© 1999 Intel. All rights reserved. Why Should Students Follow Software Copyright Laws? You should set a good example for others. Future software can only be developed for a reasonable price if the software firm/developer receives payment for its efforts. And then there is the matter of penalties...

© 1999 Intel. All rights reserved. Penalties For the unauthorized use and copying of software, penalties include: –Fines up to the actual amount of damages to the copyright holder, or –Statutory damages up to $100,000 per infringed work where the court finds there was willful infringement. –And if guilty under the criminal sections of the law: Up to one year imprisonment and/or Fines up to $25,000

© 1999 Intel. All rights reserved. Penalties For the unauthorized reproduction or distribution of 10 or more copies of software with a total retail value of $2500, penalties include: –Imprisonment for up to six years, and/or –Fines up to $250,000 Under the NET Act, signed into law on December 16, 1997, a person who willfully infringes on copyrighted material worth at least $1,000 could be subject to criminal prosecution, even if he/she does not profit from the activity.

© 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. Sources Consulted and For More Information... Fair Use Guidelines For Educational Multimedia Complete document provided by Georgia Harper; prepared by the Educational Multimedia Fair Use Guidelines Development Committee, July 17, Fair Use Of Copyrighted Materials by Georgia Harper, University of Texas

© 1999 Intel. All rights reserved. Sources Consulted and For More Information... Fair Use Guidelines For Educational Multimedia: Background and Summary by Chris Dalziel The Copyright Website by Benedict O’Mahoney Copyright Law in the Electronic Environment by Georgia Harper, University of Texas

© 1999 Intel. All rights reserved. Sources Consulted and For More Information... Highlights of the Fair Use Guidelines for Educational Multimedia by Stan Diamond and deg farrelly Big Myths about Copyright Explained by Brad Templeton Duhaime's Law Dictionary by Lloyd Duhaime

© 1999 Intel. All rights reserved. Other Resources Rules Of Thumb For Digitizing And Using Others' Works In Multimedia Materials For Educational Purposes by Georgia Harper, University of Texas Rules Of Thumb For Coursepacks by Georgia Harper, University of Texas A Proposal For Educational Fair Use Guidelines For Digital Images by Georgia Harper, University of Texas m m

© 1999 Intel. All rights reserved. Other Resources And if you still can’t get enough of this subject, check out other sites at: List of Links to Other Copyright Sites by Georgia Harper, University of Texas

© 1999 Intel. All rights reserved. Information on Software Copyright Software Use and the Law by Software & Information Industry Association (SIIA) Digital Anarchy: Part One of an Analysis of Software Piracy by David Laprad The Federation Against Software Theft (FAST) (United Kingdom organization)

© 1999 Intel. All rights reserved. Information on Software Copyright Questions and Answers about Software Piracy by Software & Information Industry Association (SIIA). Commercial, Shareware, Freeware & Public Domain Software by SIIA Permissible Copying of Software by Georgia Harper, University of Texas

© 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.