Copyright/Fair Use Copyright/Fair Use Guidelines for Educators "Certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use."

Presume EVERYTHING IS OWNED [copyrighted, patented, trademarked]

What is Copyright? The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.

“FAIR USE” LETS YOU USE OTHERS’ WORKS…

Sometimes, it’s free. SOMETIMES YOU MUST PAY A FEE. Sometimes you need to ask for permission… …ahead of time.

NO HIGHER AUTHORITY CAN DIRECT YOU TO BREAK THE LAW.

IF YOU BREAK THE LAW, YOU ARE LIABLE, NOT THE SCHOOL…

AND THAT’S BECAUSE… THE SCHOOL PROVIDES INFORMATION AND INSTRUCTION ON COPYRIGHT LAW & FAIR USE…

IN ACCORDANCE WITH THE DMCA… (THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998) & TEACH Act, 2002

Educational purpose is NOT always FAIR USE. …IN A NUTSHELL Educational purpose is NOT always FAIR USE. Out-of- print does NOT mean out-of-copyright. WWW is NOT public domain.

Fair Use v. “fair use” Fair Use is merely a defense against accusations of infringement The public believes “fair use” is something positive -- a set of behaviors that are generally permitted

What is Copyright? Copyright laws grant exclusive rights to the owners of an original work Such as: Literary, musical, artistic

Copyright... Work Must Be: Original expression Fixed in a tangible form Begins: At the moment original work is fixed Example: Graphic created in PhotoShop is protected as soon as saved to disk.

Non-Protected Works Cannot be Copyrighted Ideas Facts Titles Names Short Phrases

Public Domain Non-Protected Works Anything published before 1923 Federal Government Works

Statutory Exceptions Fair Use (§107) Libraries and Archives (§108)

What is Fair Use? 1. Purpose – education vs. commercial 2. Nature – fact vs. fiction 3. Amount – and substantiality 4. Effect – on market or value Four Factors from §107 of the 1976 Copyright Act:

The purpose of these guidelines is to provide guidance on the application of fair use principles by educators, scholars and students who develop multimedia projects using portions of copyrighted works under fair use rather than by seeking authorization for non-commercial educational uses.

Disclaimer: These guidelines are not legally binding. They represent an agreed upon interepretation of the fair use provisions of the Copyright Act. Only the courts can decide whether a particular use of a copyrighted work falls within the fair use exception. The Copyright Office and the U.S. Patent and Trademark Office endorse these guidelines.

Student Use: Students may perform and display their own educational multimedia projects created under Section 2 of these guidelines for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews

There are 'Fair Use' Limitations, the first of which is: 4.2 Portion Limitations Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects under these guidelines regardless of the original medium from which the copyrighted works are taken.

4.2.1 Motion Media Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion.... media work may be reproduced or otherwise incorporated Text Material Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated

4.2.4 Illustrations and Photographs The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated Music, Lyrics, and Music Video Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work),....

4.2.5 Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced or otherwise incorporated Time Limitations Educators may use their educational multimedia projects created for educational purposes......for teaching courses, for a period of up to two years after the first instructional use with a class. Use beyond that time period, even for educational purposes, requires permission... Students may use their educational multimedia projects as noted in Section 3.1.

6.3 Notice of Use Restrictions Educators and students are advised that they must include on the opening screen of their multimedia program and any accompanying print material a notice that says: "Certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use."

IF THESE ARE “FAIR USES”… Then what is PLAGIARISM?

Fair Use or Plagiarism? Why isn’t plagiarism a fair use? Because a complete citation must accompany any fair use of another’s work.

Plagiarism? When you quote directly from a publication Use quotation marks Use proper citation format (Author, 8) OR (author, 1999, 8) OR full footnote or endnote

Plagiarism… …is not always willful. Sometimes the inexperienced writer forgets to attribute his paraphrasing efforts.

Plagiarism When you paraphrase Attribute your source in a footnote or endnote just as if you had quoted directly

Plagiarism… is fraud. It is using someone else’s words or art without attribution and passing it off as your own. Copyright infringement is using & citing someone’s work without permission nor compensation to the rights holder. If there is a citation, it is not plagiarism.

Cyber-plagiarism There are growing numbers of web sites where student papers are available for free, or for a price. Your instructors know how to use these sites. Your instructors know how to search the internet for a “word string” which will point them to these sites…

Cyber-plagiarism Even when these students have donated their papers to these sites, your use of any part of these papers is still plagiarism. SPEAKING OF UNETHICAL CONDUCT…

FILE SHARING RIAA – (Recording Industry Association of America) successfully sued for sharing music using campus servers. The Universities were NOT sued.

FILE SHARING File sharing = distribution Unlawful, unauthorized distribution, reproduction of copyrighted works

FILE SHARING …is a violation of §106 of Title 17, U.S. Code Exclusive right of author/creator to reproduce and distribute

FILE SHARING - THEORY PEER 2 PEER, P2P, Theory: Sampling Previewing Not meant to substitute for purchase of music or movies or software Meant to facilitate long distance collaboration between researchers and creators.

Liability Issues… what you need to know 3 TYPES OF INFRINGEMENT Direct infringement - knowledge of infringement Contributory infringement you must either have knowledge, i.e. faculty directed or you must materially contribute, i.e. university equipment used Innocent infringement - very rare on a university campus Staff (button pusher) responsibility KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY

Recent Legislation jail time was added for willful infringement Digital Millenium Copyright Act passed into law, October DMCA Sonny Bono Term Extension - 20 years TEACH ActTEACH Act – passed November 2002 – some fair use in digital materials

The Sonny Bono Copyright Act The Sonny Bono Copyright Term Extension Act of 1998 extended the duration of U.S. copyrights by 20 years. Before the act, copyrights lasted for the life of the author plus fifty years. (Public Domain)

What should everyone know about copyright? Work is protected from the moment the pen meets the paper No registration with the Library of Congress is required for protection No “ ” is required We are all rights holders!

Your Responsibilities As students and citizens in these labs, or on your own PC, it is your responsibility to: Observe the above restrictions. Learn proper methods of attribution, acknowledgment and citation for each reference in each paper or project. Resist the temptation to ignore any of the limitations “just this once”. Remember: These are not your personal rules. You are only doing as instructed in order to protect the university or school at which you work.

Clearing Up Copyright Misconceptions Registration is NOT required. Copyright Symbol is NOT required. Permission for use is REQUIRED from the copyright holder regardless of: Size/Amount of material used. Credit given to creator. Intent of user is positive or beneficial. Free or non-profit use. Availability on the WWW.

Criticism (film clip during a review) Comment (satire: 2 Live Crew/Roy Orbison) News Reporting Scholarship Research Teaching Fair Use Qualifications: Limitations on the specific rights of copyright owners

Print Media For educational use, a teacher may make a single copy of a chapter, article, short story, etc. Multiple Copies may be made for a class (1 per student) *if it meets the spontaneity test. The inspiration to use the materials MUST have occurred close to the use…prevented purchase or permission. Copying must *not substitute for a purchase. Does not allow for reproduction of consumables: Workbooks, study guides, etc.

Videos You may use a videotaped version of a broadcast for 10 school days. Retain a videotaped copy of a program for 45 days (evaluation purposes)---after which it must be erased. Some channels grant unique rights to educators---check with them directly. (Discovery, History, PBS, etc) May make an archival copy of videos that you have purchased. Media Specialists may not record a program without instruction--- a teacher *must request it.

Passed 1998 Publishing to the Web is the SAME as publishing a book. All of the print regulations apply! All “things” online are protected by copyright! Digital Millenium Copyright Act

Turnitin.Com 5 free trials Reasonable Prices 24 hr turn around time Plagiarism.Org Information Resource Sample Reports

The Power of Parody Parody is the only aspect of Fair Use that is stronger and broader now than it was 20 years ago. Therefore, borrowing to subtract is afforded much more protection than borrowing to build

Fair Use and Parody: What’s a parody? Does it matter if the parody is in bad taste, or not funny?

Annie Leibovitz Naked Gun Case

Why did Leibovitz sue over the “Naked Gun” ads. Did fair use apply? Why or why not? Paramount Pictures superimposed comic actor Leslie Neilsen's face over a portrait of a pregnant Demi Moore to promote the film, "Naked Gun 33 1/3." Photographer Annie Leibovitz sued Paramount over its use of the copyrighted photo, which she originally shot for the cover of Vanity Fair magazine. In this Dec. 19, 1996 order, a federal judge threw out the lawsuit, ruling that Parmount's ad was a parody and a fair use of the copyrighted work.

Gone With the Wind case Suntrust Bank v. Houghton Mifflin (11 th Cir. 2001) According to the 11 th Circuit, should the The Wind Done Gone be treated as a fair use parody even though it was not comic? Why or why not? Do you agree?

Questions?