1. © 1999-2002 Intel. All rights reserved. Presentation created for the Intel ® Teach to the Future program Adapted from the work of Judi Edman Yost Institute of Computer Technology This program includes copyright protected material used under Fair Use guidelines of US Copyright Law. Further use is prohibited.

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

4. There are four factors that will help determine whether using a copyrighted work without permission is “fair use.”

5. © 1999-2002 Intel. All rights reserved. “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.”

6. © 1999-2002 Intel. All rights reserved. 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

7. © 1999-2002 Intel. All rights reserved. To help us know what is Fair Use, a set of guidelines called the “Fair Use Guidelines to Educational Multimedia” were created

8. © 1999-2002 Intel. All rights reserved. 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.

9. © 1999-2002 Intel. All rights reserved. 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

10. © 1999-2002 Intel. All rights reserved. Music, Lyrics, and Music Video –Up to 10%, but no more than 30 seconds of music and lyrics from a single musical work Ex: 3 minute song -- 180 seconds ÷ 10% = 18 secondsEx: 3 minute song -- 180 seconds ÷ 10% = 18 seconds –Any alterations to a musical work shall not change the basic melody or the fundamental character of the work Limitations on Size/Portions

11. © 1999-2002 Intel. All rights reserved. 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

12. © 1999-2002 Intel. All rights reserved. Terms of Use Example http://www.janbrett.com 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 email or email 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 email or email list or for use in any promotion or advertisement or on any product for which a charge is made.

13. © 1999-2002 Intel. All rights reserved. Attribution & Acknowledgement Crediting the source Crediting the source: Sample Citation –This information should appear under each graphic (clip art or photographs) included: Rain Forest Stream (2002). Pics4Learning. Retrieved February 6, 2005 from http://pics.tech4learning. http://pics.tech4learning –When using a photograph taken by HCPSS staff, include the same information. –If all graphics are from a single source, you may include this information on your title slide instead.

14. © 1999-2002 Intel. All rights reserved. Attribution & Acknowledgement It is appropriate to include the following information at the beginning of a PowerPoint Presentation or on a website: –“This program includes copyright protected material used under Fair Use guidelines of US Copyright Law. Further use is prohibited.”

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

16. © 1999-2002 Intel. All rights reserved. Click here for Sources

17. © 1999-2002 Intel. All rights reserved. Solutions Audio –Purchase copyright free CD’s –Create original compositions (GarageBand) –Download royalty free music online Images –www.pics4learning.com –www.school.discovery.com/clipart –www.classroomclipart.com –Microsoft clipart online –.gov websites –Take your own digital pics

18. © 1999-2002 Intel. All rights reserved. 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

19. © 1999-2002 Intel. All rights reserved. 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

20. © 1999-2002 Intel. All rights reserved. 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/

21. © 1999-2002 Intel. All rights reserved. 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

22. © 1999-2002 Intel. All rights reserved. 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

23. © 1999-2002 Intel. All rights reserved. This presentation is copyrighted by Intel. However, it may be used, with copyright notices intact, for not-for-profit, educational purposes.