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Copyright or Wrong? John Brim Instructional Technology Division
North Carolina Department of Public Instruction
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Federal Law United States Constitution, Article I, Section 8
The Congress shall have Power…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. Federal Law Title 17, U.S. Code
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Copyright Review
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Scope of Copyright - Six Fundamental Rights
Reproduction Adaptation Publication Performance Display Digital transmission Reproduction - making copies Adaptation - making changes Publication - presenting to public Performance - presenting to public Display - presenting to public
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Fair Use Sets limitations on rights of copyright holders
Guidelines not absolute
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Fair Use Conditions Non-profit educational institutions or homebound instruction Face-to-face instruction – students and teachers Support of curricular objectives Legally obtained
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Fair Use Factors/Test Purpose and character of use
Nature of copyrighted work Amount copied Cumulative effect of use Synopsis from Carol Simpson’s book, Copyright for Schools: A Practical Guide, 4th Ed. Purpose and Character of Use Nonprofit use Criticism, commentary, new reporting Nature of work Factual or creative Published or not published Amount of work used Essence of work Effect of use on market for or value of use Commercial use – transfer of money Sale of yearbooks, band concert videos, t-shirt with cartoon characters Misrepresentation – making it look like it’s yours What would happen if everyone did what you are doing? – cumulative effect
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Scenario – Online Pictures
You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation. Is this a copyright violation?
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Internet Assume everything is copyrighted
Use existing guidelines for appropriate media format
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Multimedia Citation Copyright statement Credit the sources
Display copyright notice ©
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Pictures Used in its entirety No more than 5 images per artist
No more than 10% or 5 images
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Photocopying You can make a single copy of: book chapter magazine or newspaper article picture from a book, magazine, or newspaper
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Conditions For scholarly research Use in teaching or preparation
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Photocopying Multiple copies for the classroom of: poem of less than 250 words complete article, story, or essay less than 2,500 words
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Photocopying Multiple copies of:
an excerpt from larger work up to 1,000 words or 10% whichever is less one graphic or picture per book or issue
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Photocopying Multiple copies of: combinations of prose, poetry, and illustrations up to 10% of total must bear copyright notice
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Text Up to 10% or 1000 words, whichever is less
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Issue - Pictures Up to 5 or 10% of images from single artist
Up to 15 images from a collection
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Issue - Music 10% but no more than 30 seconds
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Video 10% of motion media or 3 minutes, whichever is less
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Scenario - Web sites You create a Web site and add a popular cartoon character for humor Is this a copyright violation?
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Probably Posting on the Internet is publication
Cartoon characters are highly creative works Ask for and get permission
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Citations www.ncwiseowl.org/reference/citations.htm
Copyright handout John Brim In compliance with federal law, including the provisions of Title IX of the Education Amendments of 1972, N C Public Schools administers all state-operated educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender, except where exemption is appropriate and allowed by law.
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