For Students

What is Copyright? “The exclusive right to produce or reproduce (copy), to perform in public, or to publish an original literary or artistic work.” (Duhalme’s Law Dictionary)

Copyright “Provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used.” Stephen Fishman, The Copyright Handbook, 1996.

Establishing Copyright In the USA, everything created after 1989 is copyrighted and protected whether it has a copyright notice or not. (Berne Copyright Convention)

What is Fair Use? The way materials are used and shared with others is essential to whether or not their use constitutes "fair use."

Fair Use Four Factors to be considered when determining fair use: 1. Purpose and character of the use (nonprofit educational use vs. commercial purposes) 2.Nature of the copyrighted work 3.Amount and substantiality of the portion used in relation to the work as a whole 4.Effect of the use upon potential market for value of the work.

Intellectual Property Refers to personal rights of ownership acquired from original creation. Examples: copyrights, trademarks, and patents

Ethics The responsible use of Internet resources. Internet ethics seeks to come up with a code of conduct and disclosure obligation for those who communicate on the Internet.

Code of Conduct “Do’s & Don’ts” DON’T: –use a computer to harm other people. –snoop around in other people's computer files. –use a computer to steal or bear false witness. –copy or use proprietary software for which you have not paid. –use other people's computer resources without authorization or proper compensation. DO: –think about the social consequences of the program you are writing or the system you are designing. –use a computer in ways that insure consideration and respect for your fellow humans.

Art or Music Pictures and sounds that come with your software, like the Microsoft Clip Art Gallery. Pictures or music that you have created yourself. Pictures or music that you have written permission from the author to use in your work.

Printed Material Plagiarism- To use and pass off (the ideas or writings of another) as one's own

Scanned Pictures from a Book There is a FAIR USE CLAUSE that allows students and teachers to use some copyrighted things for free for school projects, if you follow some guidelines.

Illustrations & Photographs No more than 5 images from one artist No more than 10% or 15 images from a single published work It may not be altered in any way from the original work

Art or Music Pictures and sounds that come with your software, like the Microsoft Clip Art Gallery. Pictures or music that you have created yourself. Pictures or music that you have written permission from the author to use in your work.

Music and Lyrics Up to 10% but no more than 30 seconds, whichever is less, of a single copyrighted work It may not be looped or altered in any way from the original work

Motion Media (movies) Up to 10% or 3 minutes, whichever is less, of a single copyrighted work

Videotaping Television Shows Cannot be kept for more than 45 days after the recording date. Can only be shown within the first 10 days of that 45-day period. Can only be made through a teacher request, not in anticipation of a need. Can only be shown two times within a single class.

Computer Software & CD-ROMS Use is dictated by a software license that allows the purchaser to use the software under certain specified conditions. The license also stipulates what the purchaser may or may not do with the software.

Citations Always credit the creator and source of any images, poems, lyrics or music you use in your presentation.

Copyright & the Internet Ask and receive permission to use copyrighted materials on your Web site or Use public domain or original media

Penalties Civil damages Up to $100,000 per infringed work and/or Criminal penalties of up to 5 years imprisonment and/or a $250,000 fine