Copyright and Fair UseAugust 13, 2007: Copyright and Fair Use August 13, 2007 Office of Instructional Technology WV Department of Education Phyllis Justice


History of Copyright: History of Copyright First U.S. Copyright Act in 1790 Fourth major revision became the Copyright Act of 1976 Fair Use -- Section 107 of the 1976 Act 1979 “Guidelines for Off-Air Recording of Broadcasting Programming for Educational Purposes”


History of Copyright: History of Copyright Digital Millennium Copyright Act of 1998 Sonny Bono Copyright Term Extension Act of 1998 Technology, Education and Copyright Harmonization (TEACH) Act of 2002 The Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act of 2007, H.R. 1201 (proposed legislation)


What is Copyright?: What is Copyright? “Basically the legal exclusive right of the author of a creative work to control the copying of that work” From: 10 Big Myths About Copyright Explained, October 2004, http://www.templetons.com/brad/copymyths.html


Protected Under Copyright: Protected Under Copyright Literary Musical Dramatic Pantomimes & choreographic Pictorial, graphic, & sculptural Motion pictures & other audio visual Sound recordings Architectural


Not Protected Under Copyright: Not Protected Under Copyright Ideas Procedures Processes Systems Method of operations Concepts Principles Discoveries


Copyright Ownership Rights: Copyright Ownership Rights Duplication and authorization Adaptation (derivative work) Distribution Public performance Public display


What is a Work For Hire?: What is a Work For Hire? “A work made for hire (sometimes abbreviated to work for hire) is an exception to the general rule that the person who actually creates a work is the legally-recognized author of that work. According to copyright law in most countries, if a work is "made for hire", the employer—not the employee—is considered the legal author. In some countries, this is known as corporate authorship. The employer may be a corporation or an individual.” From: Wikipedia Encyclopedia, wikipedia.org


What is Public Domain?: What is Public Domain? “When a work passes into the public domain it can be used without permission or charge because no one owns it. However, great care must be taken to determine if a work is truly in the public domain.” From: CopyLaw.com; “New Rules for Using Public Domain Materials” by Attorney Lloyd J. Jassin


Works in the Public Domain: Works in the Public Domain Many government works Works on which copyright has expired Author chooses to place the work in the public domain (Example: “America the Beautiful”)


It’s the law!: It’s the law! Since 1989, works created are immediately and automatically copyright protected in the United States. They do not need a copyright symbol (©) or a statement about copyright. 1989 is when the United States signed the Berne Convention of 1886 and therefore this became law in the U.S.


Copyright: Copyright You must assume a work is copyright protected, rather than assume it is not.


Notice of Copyright: Notice of Copyright ©, Copyright, Copr. Year of first publication Name of copyright owner Can add restrictions -- “All rights reserved.” Notice of copyright is NOT required but is recommended Sound recordings use a P in place of the C


Copyright Protect Your Work: Copyright Protect Your Work To protect created publications, put a copyright notice (©) on it and register with the U.S. Copyright office Registering will give you additional rights under the law; there is a cost to register


Resource: www.copyright.gov: Resource: www.copyright.gov


What Is Fair Use?: What Is Fair Use? “The Fair Use Doctrine is one of the most important limitations on the exclusive rights of the copyright holder. It allows that copyright can be infringed because strict application of the law impedes the production and dissemination of works to the public. The Fair Use Doctrine was added as Section 107 of The Copyright Act of 1976 and was based on a history of judicial decisions that recognized that unauthorized infringements of copyright were ‘fair uses.’“ From: "What is Fair Use," American Library Association, October 11, 2006. http://www.ala.org/ala/washoff/woissues/copyrightb/copyrightarticle/whatfairuse.cfm (Accessed August 12, 2007) Document ID: 221986


Copyright and Fair Use: Copyright and Fair Use Fair use reconciles copyright law with freedom of speech “Fair use is a defense rather than an affirmative right” From: Attorney Richard Stim in “Patent, Copyright and Trademark: An Intellectual Property Desk Reference”, 9th Edition, page 190


Not an Infringement of ©: Not an Infringement of © If the work is used for: Criticism Comment News reporting Teaching (including multiple copies for classroom) Scholarship Research


Multiple Copies for Classroom: Multiple Copies for Classroom Non-profit educational institution Tests Brevity Spontaneity Cumulative effects No charge beyond cost of copying Face-to-face instruction Each copy includes a notice of copyright


Fair Use Factors: Fair Use Factors Purpose and character of the use Nature of the work Amount and substantiality of the portion used Market and economic impact


http://www.copyright.iupui.edu: http://www.copyright.iupui.edu


1979 “Guidelines for Off-Air Recording of Broadcasting Programming for Educational Purposes”: 1979 “Guidelines for Off-Air Recording of Broadcasting Programming for Educational Purposes” Guidelines for fair use of off-air taping Committee of representatives from education and copyright owners These are guidelines and not law Not aware of any court cases yet Compromise between the two groups Note: fair use may apply to other broadcasts (like public broadcasting, cable networks, etc.)


In General Guidelines are:: In General Guidelines are: The classroom teacher requests taping (must be a general public broadcast) Tape shown during first 10 consecutive school days after taping and in a classroom(s) Limited in number of copies Tape may not be altered After 10 days and before 45 days can only be viewed for evaluation to purchase After 45 days must be destroyed


Copyright and the Internet: Copyright and the Internet Materials on the Internet are not ALL public domain Copyright of Internet published material belongs to the author/publisher


Protected Under Copyright: Protected Under Copyright E-mail Listserv postings Newsgroup postings Web based bulletin board postings Chat communications Web page content HTML source code Graphics Sound Video Applications and source code Downloadable computer software and files Internet telephone & videoconferencing


Copyright Surprise?: Copyright Surprise? E-mail messages are automatically copyrighted by their author. Therefore, it is against copyright to forward a message without the author’s permission.


Written Permission: Written Permission Do not assume fair use. Obtain written permission from the copyright holder for any Internet material that you wish to copy and/or use.


Copyright Surprises?: Copyright Surprises? Technically “viewing a Web page” could be a violation of copyright -- a reproduction of the author’s work Caching a web page could be a violation of copyright – court case involving Google found that the search engine use of caching was not an infringment of copyright


Internet Copy: Internet Copy Arguably, a copy is made by every person who even reads or views the work on the screen (RAM & cache memory) Unless otherwise indicated, the author probably intends you to view the work on the computer screen However, there is no automatic right to download and/or copy


Written Permission to Copy: Written Permission to Copy Do NOT copy or scan information from any other media type into an Internet format, without first obtaining written permission from the copyright holder Permission by e-mail is acceptable


Downloading: Downloading Observe the terms and conditions of all licenses displayed online for use of copyright materials


Clip Art and Graphics: Clip Art and Graphics Although you may have purchased a CD-ROM or disk that has pictures, it does not mean that you have permission to use them on the web without permission


Downloading From the Internet: Downloading From the Internet Check the copyright, license agreement, conditions for use, etc. for any files downloaded from the Internet – like images, photos, music, software, icons, books, articles, clip art Look for royalty free and/or public domain You can use a search engine and key words like “royalty free” to find sites


Direct Linking: Direct Linking What is direct linking? Using graphics or audio on your web site by linking to the files on someone else’s server. They appear to be coming from your site. Not a good practice and could be an infringement of copyright. Dependent on the other site being “up” and that the linked content does not change.


Linking to Other Sites: Linking to Other Sites Linking to a URL, in general, is not a problem If the linked site is not infringing (breaking ©) If it is a “clean” site – does not have illegal content (Also, do not use a logo, unless you have permission)


Web Page Capturing Software: Web Page Capturing Software Software products that let you save web pages or entire web sites “captured” on the Internet Versions of some web browsers have options to cache all viewed content for “offline” browsing Is it legal to use saved web sites in the classroom? Yes, provided you follow fair use


Digital Millennium Copyright Act: Digital Millennium Copyright Act Signed into law by President Clinton in October 1998. More information online at http://www.dfc.org/.


DMCA Issue One: DMCA Issue One Cannot circumvent a “technological protection measure” anti-piracy devices encryption codes passwords digital watermarks encoded tags “copyright chip”


DMCA Issue One Exceptions: DMCA Issue One Exceptions Exceptions Nonprofit library, archive and educational institution exception Encryption research Security testing Reverse engineering Personal privacy protection Protection of minors


DMCA and Fair Use: DMCA and Fair Use Extend fair use to digital environments preview materials even if they are password protected


DMCA and Online Service Providers (OSP): DMCA and Online Service Providers (OSP) Online Service Providers including corporate intranets interactive Web sites libraries schools other organizations


DMCA and OSP Liability: DMCA and OSP Liability DMCA makes it more difficult to sue an online service provider (including a school) Liability for copyright infringements lies with the customers (students for instance)


Proposed Legislation: Proposed Legislation The Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act of 2007, H.R. 1201 Introduced February 27, 2007 Would make permanent the six exemptions to the anti-circumvention of technological protection measures in the DMCA Act


Sonny Bono Term Extension Act: Sonny Bono Term Extension Act Result: nothing new will enter the public domain until 2019 Extended by 20 years the protection of copyrighted works Life plus 50 extended to Life plus 70 for individuals 75 years extended to 95 years for corporate


http://www.unc.edu/~unclng/public-d.htm: http://www.unc.edu/~unclng/public-d.htm


TEACH Act: TEACH Act Technology, Education, and Copyright Harmonization (TEACH) Act Enacted in 2002 Use of copyrighted works for distance education Extend “fair use” to online education Responsibilities for the administrator, technology supervisor, instructor and maybe librarian


Some Related Search Terms: Some Related Search Terms Working Group on Intellectual Property Conference on Fair Use (CONFU) Coalition of Colleges and University Media Centers (CCUMC) Berne Convention 1990 Visual Artists Rights Act 1997 No Electronic Theft Act H.R. 2265 NAFTA and GATT


Example Sites on Copyrighthttp://access.k12.wv.us/internet/urls/urlcopyr.htm: Example Sites on Copyright http://access.k12.wv.us/internet/urls/urlcopyr.htm


WV Policy 2460http://wvde.state.wv.us/policies/p2460.html: WV Policy 2460 http://wvde.state.wv.us/policies/p2460.html


WV Policy 2460: Acceptable Use: WV Policy 2460: Acceptable Use 3.1.2. Transmission of any material in violation of any U.S. or state law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening, abusive, or obscene material, or material protected by trade secrets.


WV Policy 2460: Web Publishing: WV Policy 2460: Web Publishing 3.4.5. Content of a web site: e. Information such as an e-mail address of the responsible contact person, copyright, and the last date updated should be included. h. All content must comply with copyright, intellectual property, state, federal (specifically the Children’s Online Privacy Protection Act (COPPA) and the Children’s Internet Protection Act (CIPA)) and international law. i. Published copyrighted materials must include the permission granted statement (who, time period, etc.).


Plagiarism: Plagiarism “Copying or imitating the language, ideas, and thoughts of another writer and passing them off as your own original work.” (From: Apex Learning Inc.)


Plagiarism: Plagiarism “Though students have always faced the temptation of copying someone else’s work, technology has made it much easier. A recent survey of 4,500 high school students found that more than half admitted downloading a paper from a Web site or copying a paragraph without citation.” (From: The New York Times 6/28/2001)


MLA Style -- Citing References: MLA Style -- Citing References Information used from the Internet in reports or presentations should be properly cited.


Other Important Federal Legislation: Other Important Federal Legislation COPPA CIPA Section 508 FERPA


COPPA: COPPA Children’s Online Privacy Protection Act Passed in 1998; effective 4/22/2000 Enforced by the Federal Trade Commission (FTC) A Guide for Teachers is available online (http://www.ftc.gov/bcp/conline/pubs/online/teachers.shtm) Rules about the collection, use and disclosure of personal information on minors There are sites that are still not in compliance


CIPA: CIPA Children’s Internet Protection Act Effective April 2001 Enforced by the Federal Communications Commission (FCC) for the federal E-rate program CIPA requires an Internet safety policy and Internet filtering if a school is receiving E-rate discounts on Internet access and/or internal connections


Section 508: Section 508 Web accessibility for the handicapped Federal agencies mandated by June 21, 2001 to be in compliance More information from World Wide Web Consortium (W3C), Web Accessibility Initiative (WAI) at http://www.w3.org/WAI/ U.S. Department of Justice


FERPA: FERPA Federal Educational Rights and Privacy Act Protect privacy of student’s education records Parents have certain rights: inspection of school records; request for changes; letter of dispute Schools may disclose, without consent, “directory” type information Section 507 of the USA PATRIOT Act amends FERPA to allow disclosure under certain circumstances


http://access.k12.wv.us/internet/urls/urlfeder.htm: http://access.k12.wv.us/internet/urls/urlfeder.htm


Contact and Reference: Contact and Reference otis@access.k12.wv.us Phone: 304.957.WVDE (9833) Fax: (304) 558-2584 access.k12.wv.us/internet/urls/urlcopyr.htm