1. © 1999-2002 Intel. All rights reserved. Slide # 1 Presentation created for the Intel ® Teach to the Future program by Judi Edman Yost Institute of Computer Technology

2. © 1999-2002 Intel. All rights reserved. Slide # 2 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.

3. © 1999-2002 Intel. All rights reserved. Slide # 3 How Long Does Copyright Last? Anything created after January 1, 1978 is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. For works made for hire (e.g., copyright held by companies), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.

4. © 1999-2002 Intel. All rights reserved. Slide # 4 What is not copyrighted? Works have not been written or recorded Ideas, procedures, methods, concepts, principles, discoveries, or devices Works that are “common property” and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, etc.) Logical, comprehensive compilations (such as the telephone book) Materials or reprints of materials in the public domain (all prior to 1923; most between 1923-1963) Most U.S. government materials (some items created by contractors for the government might be copyrighted) Facts

5. © 1999-2002 Intel. All rights reserved. Slide # 5

6. © 1999-2002 Intel. All rights reserved. Slide # 6 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.”

7. © 1999-2002 Intel. All rights reserved. Slide # 7

8. © 1999-2002 Intel. All rights reserved. Slide # 8 “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.”

9. © 1999-2002 Intel. All rights reserved. Slide # 9 So it would seem that it’s “fair use” if… The copying is for educational use; The original material is mainly facts, lacks originality, and is published; You use portions to make your point, not whole sections; and You’re not taking potential sales away from the original

10. © 1999-2002 Intel. All rights reserved. Slide # 10 To help us know what is Fair Use, a set of guidelines called the “Fair Use Guidelines to Educational Multimedia” were created.

11. © 1999-2002 Intel. All rights reserved. Slide # 11 Limitations on Size/Portions 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.

12. © 1999-2002 Intel. All rights reserved. Slide # 12 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

13. © 1999-2002 Intel. All rights reserved. Slide # 13 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

14. © 1999-2002 Intel. All rights reserved. Slide # 14 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

15. © 1999-2002 Intel. All rights reserved. Slide # 15 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

16. © 1999-2002 Intel. All rights reserved. Slide # 16 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  e.g., © 2001 Company/Person’s Name

17. © 1999-2002 Intel. All rights reserved. Slide # 17 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 in on a separate page/slide…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.

18. © 1999-2002 Intel. All rights reserved. Slide # 18 Future Uses Beyond Fair Use If there is a possibility that a project could result in broader dissemination [for instance, publication on the Internet]: obtain permissions when you create it, rather than waiting.

19. © 1999-2002 Intel. All rights reserved. Slide # 19 Click here for Sources

20. © 1999-2002 Intel. All rights reserved. Slide # 20 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, 1996 http://www.utsystem.edu/OGC/IntellectualProperty/ccmcguid.htm http://www.utsystem.edu/OGC/IntellectualProperty/ccmcguid.htm “Fair Use Of Copyrighted Materials” by Georgia Harper, University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm

21. © 1999-2002 Intel. All rights reserved. Slide # 21 Sources Consulted and For More Information... “Copyright Basics” by the U.S. Copyright Office http://www.loc.gov/copyright/circs/circ1.html http://www.loc.gov/copyright/circs/circ1.html “Fair Use Guidelines For Educational Multimedia: Background and Summary” by Chris Dalziel http://www.libraries.psu.edu/mtss/fairuse/dalziel.html http://www.libraries.psu.edu/mtss/fairuse/dalziel.html “The Copyright Website” by Benedict O’Mahoney http://www.benedict.com/ http://www.benedict.com/ “Copyright Law in the Electronic Environment” by Georgia Harper, University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/faculty.htm http://www.utsystem.edu/OGC/IntellectualProperty/faculty.htm

22. © 1999-2002 Intel. All rights reserved. Slide # 22 Sources Consulted and For More Information... “Highlights of the Fair Use Guidelines for Educational Multimedia” by Stan Diamond and deg farrelly http://www.libraries.psu.edu/mtss/fairuse/fairhigh.html http://www.libraries.psu.edu/mtss/fairuse/fairhigh.html “10 Big Myths about Copyright Explained” by Brad Templeton http://www.templetons.com/brad/copymyths.html http://www.templetons.com/brad/copymyths.html “Duhaime's Law Dictionary” by Lloyd Duhaime http://www.duhaime.org/diction.htm http://www.duhaime.org/diction.htm “When Works Pass Into the Public Domain in the United States” by Cornell Institute for Digital Collections http://cidc.library.cornell.edu/copyright/ http://cidc.library.cornell.edu/copyright/

23. © 1999-2002 Intel. All rights reserved. Slide # 23 Other Resources “Rules Of Thumb For Digitizing And Using Others' Works In Multimedia Materials For Educational Purposes” by Georgia Harper, University of Texas http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#mm http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#mm “Rules Of Thumb For Coursepacks” by Georgia Harper, University of Texas http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#course http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#course “A Proposal For Educational Fair Use Guidelines For Digital Images” by Georgia Harper, University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm http://www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm

24. © 1999-2002 Intel. All rights reserved. Slide # 24 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 http://www.utsystem.edu/OGC/IntellectualProperty/offsite.htm http://www.utsystem.edu/OGC/IntellectualProperty/offsite.htm

25. © 1999-2002 Intel. All rights reserved. Slide # 25 This presentation is copyrighted by Intel. However, it may be used, with copyright notices intact, for not-for-profit, educational purposes.