Presentation created for the Intel ® Teach to the Future program Adapted from the work of Judi Edman Yost Institute of Computer Technology Presentation created for the Intel ® Teach to the Future program Adapted from the work of Judi Edman Yost Institute of Computer Technology Today we are Learning about Copyright! Guess what?! Even this was copyrighted!

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 March 1, 1989 is copyrighted and protected whether it has a notice or not. “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 March 1, 1989 is copyrighted and protected whether it has a notice or not. This means being able to use someone else’s work EVERYTHING IS COPYRIGHTED!

We get to borrow someone’s work for free! But what’s Fair Use?

What is “fair use”? Sec. 107 of the Fair Use Provision of the Copyright Act states: for purposes such as teaching (including multiple copies for classroom use), is not an infringement of copyright.” “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.” Sec. 107 of the Fair Use Provision of the Copyright Act states: for purposes such as teaching (including multiple copies for classroom use), is not an infringement of copyright.” “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.” Fair use is when we use work in our classroom for lessons or research.

There are four factors that will help determine whether using a copyrighted work without permission is “fair use.” YAY! A cheat sheet!

“In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 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.” “In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 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.” Are you going to make any money? What are you using? How much are you using? Who is your audience?

To help us know what is Fair Use, a set of guidelines called the “Fair Use Guidelines to Educational Multimedia” were created Finally something I can understand!

Limitations on Size/Portions Motion Media Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work. 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. About 2 minutes from each movie! About 800 words from each written work!

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. 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 3 short poems by one author 5 short poems from one book Only Use 250 words! 3 parts from one poet 5 parts from one book

Music, Lyrics, and Music Video Up to 10%, but no more than 30 seconds of music and lyrics from a single musical work Up to 10%, but no more than 30 seconds of music and lyrics from a single musical work Ex: 3 minute song seconds ÷ 10% = 18 seconds Ex: 3 minute song seconds ÷ 10% = 18 seconds Any alterations to a musical work shall not change the basic melody or the fundamental character of the work Any alterations to a musical work shall not change the basic melody or the fundamental character of the work Music, Lyrics, and Music Video Up to 10%, but no more than 30 seconds of music and lyrics from a single musical work Up to 10%, but no more than 30 seconds of music and lyrics from a single musical work Ex: 3 minute song seconds ÷ 10% = 18 seconds Ex: 3 minute song seconds ÷ 10% = 18 seconds Any alterations to a musical work shall not change the basic melody or the fundamental character of the work Any alterations to a musical work shall not change the basic melody or the fundamental character of the work Limitations on Size/Portions About seconds per song Don’t change the song!

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. 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 You can use the entire image. Only 5 per artist No more than 15 images from one Website!

Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table. Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table. Limitations on Size/Portions You can only use a small part of data tables, graphs, and charts!

Terms of Use Example Jan Brett grants to you a non-exclusive license to use and display for your personal use the artwork and text on these pages, and to download and print materials available through these pages, all solely for your personal, classroom, or library non-commercial use. Jan Brett grants to you a non-exclusive license to use and display for your personal use the artwork and text on these pages, and to download and print materials available through these pages, all solely for your personal, classroom, or library non-commercial use. You may create as many copies as you wish, but you may not transfer, assign, sub-license, or sell the rights granted under this license. You may create as many copies as you wish, but you may not transfer, assign, sub-license, or sell the rights granted under this license. This license permits the display and printing of the artwork and text on your personal, school, or library computer, but not the re-use or incorporation or framing of the artwork or text on another Internet site or or list or for use in any promotion or advertisement or on any product for which a charge is made. This license permits the display and printing of the artwork and text on your personal, school, or library computer, but not the re-use or incorporation or framing of the artwork or text on another Internet site or or list or for use in any promotion or advertisement or on any product for which a charge is made. Jan Brett grants to you a non-exclusive license to use and display for your personal use the artwork and text on these pages, and to download and print materials available through these pages, all solely for your personal, classroom, or library non-commercial use. Jan Brett grants to you a non-exclusive license to use and display for your personal use the artwork and text on these pages, and to download and print materials available through these pages, all solely for your personal, classroom, or library non-commercial use. You may create as many copies as you wish, but you may not transfer, assign, sub-license, or sell the rights granted under this license. You may create as many copies as you wish, but you may not transfer, assign, sub-license, or sell the rights granted under this license. This license permits the display and printing of the artwork and text on your personal, school, or library computer, but not the re-use or incorporation or framing of the artwork or text on another Internet site or or list or for use in any promotion or advertisement or on any product for which a charge is made. This license permits the display and printing of the artwork and text on your personal, school, or library computer, but not the re-use or incorporation or framing of the artwork or text on another Internet site or or list or for use in any promotion or advertisement or on any product for which a charge is made. Be Aware! Some authors have their own rules!

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 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 Hold Option Key and G - © © 2007 HCPSS

Click here for Sources TOTALLY!

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 “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 Even teachers had to give credit to sources they use!

Sources Consulted and For More Information... “Copyright Basics” by the U.S. Copyright Office “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 “Copyright Basics” by the U.S. Copyright Office “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 And the sources go on!

Sources Consulted and For More Information... “Highlights of the Fair Use Guidelines for Educational Multimedia” by Stan Diamond and deg farrelly “10 Big Myths about Copyright Explained” by Brad Templeton “Duhaime's Law Dictionary” by Lloyd Duhaime “When Works Pass Into the Public Domain in the United States” by Cornell Institute for Digital Collections “Highlights of the Fair Use Guidelines for Educational Multimedia” by Stan Diamond and deg farrelly “10 Big Myths about Copyright Explained” by Brad Templeton “Duhaime's Law Dictionary” by Lloyd Duhaime “When Works Pass Into the Public Domain in the United States” by Cornell Institute for Digital Collections ON AND ON!

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 “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 AND ON!

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 htm htm 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 htm htm And for those of you who want to read more at home!

This presentation is copyrighted by Intel. However, it may be used, with copyright notices intact, for not-for-profit, educational purposes. THE END!