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Copyright Issues Use of Copyrighted Works in Multimedia Projects By: Jennifer Kadien ITEC7445 - Dr. Moore Fall 2012 This presentation has been prepared under fair use exemption of the U.S. Copyright Law and is restricted from further use.
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Overview of Copyright What is it? A law that protects the rights of an author to sell and reproduce their original work Is derived from the Constitution Designed to foster creativity and originality Is there a formal process to secure it? It applies to an original creation automatically once it is created in a fixed form (written, recorded, etc.) and extends for 70 years after the death of the author. How will I know if something is copyrighted? It will include the following three elements: The symbol © The year the work was first created The name of the owner of the copyright EXAMPLE: © 2012 Jennifer Kadien
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Fair Use - A legal doctrine PURPOSE intended to allow the use of copyrighted material for specific purposes Education Parody Commentary News Reporting Research Am I covered by Fair Use? the purpose is educational AND it is a published work(and you referenced it appropriately) AND only a small portion of the work is used AND the owner does not lose money by you using the document/image/etc. OR it is a fact (no need to cite those) Then, YES, you are good!
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Multimedia works include music, text, graphics, illustrations, photographs, and/or audiovisual images combined into a presentation using equipment EXAMPLE: A teacher or professor may assign a project using software (PowerPoint, Prezsi, etc.)to create a presentation that includes images, video clips, music, and audio.
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Guidelines for Multimedia Students and teachers may create multimedia works for instruction (face-to-face, directed self-study, or remote learning) Must be used only for educational purposes by nonprofit schools, colleges, and universities Must give credit to original author (citations) Must include a note on their opening screen This presentation has been prepared under fair use exemption of the U.S. Copyright Law and is restricted from further use.
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Medium Portion Allowed Text Up to 10% or 1000 words, whichever is less Music Up to 10%, but not more than 30 seconds, of the music and lyrics Video Up to 10% or three minutes, whichever is less Photo Photo/illustration in its entirety but no more than 5 images by the same artist; if from a published collective work, no more than 10% or 15 images, whichever is less Data Up to 10% or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table Limitations apply………. Only a certain portion of a copyrighted work may be included in a multimedia presentation
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Scenario #1 Problem A student wishes to include music to enhance their presentation, but the songs they selected from their iPod list are copyrighted Solution Choose a song from the Freesound Project or only include 30 sec of each copyrighted song
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Scenario #2 Problem A student has selected a 5 minute clip they found on YouTube of a current popular movie to include in their presentation Solution Locate an appropriate clip from Open Source Movies to ensure no copyrights are violated or include less than 3 min of the copyrighted version
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Scenario #3 Problem A student includes artwork she found on Google Images that is not part of the Public Domain Solution Choose a work from the National Gallery of Art or Include no more than 5 copyrighted works from any one artist
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Remember Fair Use… Borrowing short copyrighted clips and presenting them in a closed classroom is ok under Fair Use students have permission to publish their multimedia presentations in a password- protected program in which only the instructor and enrolled students have access (i.e. Blackboard)
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What about reproduction? Only two copies can be made of an educational multimedia project One may be placed on reserve The other may be made only for replacement if first copy is lost/damaged/ stolen (If there is more than one creator of the project, each creator may retain their own copy)
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Possible Penalties for Infringement Financial (individual infringement) Damages ranging from $250 to $150,000, plus attorney fees for each infringing copy Criminal (large-scale commercial piracy) If the work was valued at $1000+ you can get up to one year in jail + fines If the value was $2500+ you may be sentences to 5 years + fines
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References Chapman, Paige. (2010, November 7). Professors Publish Guide to Copyright Issues of Multimedia Projects. General format. Retrieved from http://chronicle.com/blogs/wiredcampus/professors-publish-guide-to- copyright-issues-of-multimedia-projects/28254 Copyright Clearance Center. (2008). The Campus Guide to Copyright Compliance. General format. Retrieved from http://www.copyright.com/Services/ copyrightoncampus/basics/ Public Schools of North Carolina. (1997). Copyright in an Electronic Environment. General format. Retrieved from http://www.dpi.state.nc.us/copyright1.html Stanford University Libraries. (2010). Proposed Educational Guidelines on Fair Use. General format. Retrieved from http://fairuse.stanford.edu/Copyright_ and_Fair_Use_Overview/chapter7/7-c.html#3
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