Teach to the Future

Institute of Computer Technology

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 April 1, 1989 is
copyrighted and protected whether it
has a notice or not.

ButBut...
Just because something is on the Web or
posted to Usenet does not mean it is not
copyright protected.
Even if something is sent to you via email,
it does not mean it is free for you to use.
You should assume a work is copyrighted
and may not be copied, unless you know
otherwise.

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.

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...

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;

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

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.

So it would seem that its fair use if

The copying is for educational use;
The original material is mainly facts and is
published;
You use portions to make your
point, not whole sections; and
Youre not taking potential sales away from
the original
Youre not providing copies just so your students
dont have to pay for the books (or original source
materials).

Seems simpleright?
Not exactly
So between 1992-1994, a group of
publishers and educators gathered
to agree to more specific
guidelines so educators wont be
sued for copyright infringement
when they were thinking their
copying was fair use.

The result was...

Fair Use Guidelines for

Educational Multimedia
The Fair Use Guidelines for Educational
Multimedia is not a legal document, but
only an interpretation of the Copyright Act
of 1976 by CONFU, a group of
educational users and copyright owners
(who obviously have a stake in this
interpretation).

Fair Use Guidelines for

Educational Multimedia
Although the guidelines have no legal binding,
on Sept. 27, 1996, Subcommittee on Courts and
Intellectual Property, Committee on the Judiciary,
U. S. House of Representatives issued a nonlegislative report acknowledging the guidelines.
The Fair Use Guidelines for Educational
Multimedia only applies to educators who
produce multimedia.

To make things more complicated

In late April, 1997, Bruce Lehman,
Commissioner of Patents and Trademarks,
publicly stated that the Proposed
Guidelines negotiated by CONFU
participants had failed to achieve
consensus support.
However, proponents say the multimedia
guidelines are finished and ready to use.

So what does this all mean?

There is no real line between fair use
and unfair use.
The nature of the disagreement over
the Guidelines means that the
Guidelines technically cannot be
considered litigation free if you follow
them.

And if you use the Guidelines...

You may be undercutting your rights to a
more expansive scope of fair use that
may be perfectly legal.
On the other hand, these conservative
Guidelines are not 100% guaranteed to
be within the scope of fair use.
However, they may still be a good
place to start.
Really

Students & Educators have

Separate Guidelines
Students may:
incorporate portions of lawfully acquired copyrighted
works when producing their own educational
multimedia projects for a specific course;
perform and display their own projects in the course
for which they were created; and
retain them in their own portfolios as examples of
their academic work for later personal uses such as
job and school interviews.

Educator Guidelines
Educators may:
Incorporate portions of lawfully acquired
copyrighted works when producing educational
multimedia projects to support their teaching
needs; and
Present their projects in the following situations:
Face-to-face instruction,
Assigned to students for directed self-study,
Remote instruction (with limitations).

Educator Guidelines
Educators may retain their projects
indefinitely for the following purposes:
To perform or display in presentations to their
peers, for example, at workshops and
conferences
To retain in their personal portfolios for personal
uses such as promotion or job interviews

Educator Guidelines
Educators may use their projects for
teaching, for a period of up to two years
after the first instructional use with a class.
Instructional use beyond that time period
requires permission for each copyrighted
portion incorporated in the production.

Limitations on Size/Portions
for both Educators and Students
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.

Limitations on Size/Portions
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
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
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
Numerical Data Sets
Up to 10% or 2500 fields or cell entries,
whichever is less, from a database or data
table.
A field entry is a specific item of
information in a record of a database file.
A cell entry is the intersection where a row
and a column meet on a spreadsheet.

Copying and Distribution Limitations

Including the original, only a limited number
of copies may be made of a project:
Two use copies, one of which may be placed on
reserve.
An additional copy for preservation to be used or
copied only to replace a use copy that has been
lost, stolen, or damaged.
For jointly created projects, each principal creator
may retain one copy but only as permitted by use
and time restraints previously outlined.

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

Notice of Use Restrictions

The opening screen of a program and
any accompanying print material must
include a notice that:
Certain materials are included under the
fair use exemption of the U.S. Copyright
Law;
Materials are included in accordance with
the multimedia fair use guidelines; and
Materials are restricted from further use.

Future Uses Beyond Fair Use

If there is a possibility that a project could
result in broader dissemination [for
instance, publication on the Internet],
whether or not as a commercial product,
individuals should take steps to obtain
permissions during the development
process rather than waiting until after
completion of the project.

Remember...
These are guidelines, not laws.
If you feel that any of these guidelines are
too restrictive and you want to follow your
own instincts about what is fair use,
you are free to do so (within your district
guidelines, of course).
However, realize that the further you
venture from these guidelines, the more
likely you are to be outside of fair use.

Obtaining Permission
When You Need it
Getting Permission http://www.utsystem.edu/OGC/
IntellectualProperty/permissn.htm

Sample Letter Requesting Permission http://www.

utsystem.edu/OGC/IntellectualProperty/permmm.htm

Resource Permission Template for Teachers

http://www.gsn.org/weblib/landmar/DOCS/tchrnote.htm

Resource Permission Template for Students

http://www.gsn.org/weblib/landmar/DOCS/stdntnte.htm

What About Software?

Use of software does not fall under
fair use!
Public or private educational institutions
are not exempt from the software
copyright laws.
When you purchase software, you are
only purchasing a license to use the
software you dont own it.

But I can make copies for my

own useright?
Anyone who purchases a license for a
single copy of software has the right to
load it onto a single computer and to
make another copy "for archival
purposes only."
Any other use than archival must be
approved by the copyright owner.

Unless you have specific

permission from the
copyright owner
It is illegal to
Purchase a single user license and load it
onto multiple computers or a server,
Download copyrighted software from the
Internet or bulletin boards, or
Load the software your school purchased
onto your computer at home.

What About Shareware?

Shareware is software that is passed out
freely for evaluation purposes only.
You are allowed to try it out before you pay for
it.
Evaluation time is usually 30 days.
If you wish to keep the software program,
then you must pay to keep your evaluation
copy.
Shareware is often fairly inexpensive.

Freeware is FreeRight?
Freeware is also covered by copyright
laws and subject to the conditions
defined by the holder of the copyright.
You can distribute freeware, but not make
any money on it.
You can modify and build other software
programs based on the freeware, but those
new programs cannot be sold for profit.

Only Public Domain Software

is Truly Free
Copyright rights have been relinquished.
There are no distribution restrictions.
You can modify the original software and
build new software.
You can sell your modified software.

Why Should Teachers Follow

Software Copyright Laws?
You should set a good example for your
students.
Future software can only be developed
for a reasonable price if the software
firm/developer receives payment for its
efforts.
And then there is the matter of
penalties...

Penalties
For the unauthorized use and copying of
software, penalties include:
Fines up to the actual amount of damages to
the copyright holder, or
Statutory damages up to $100,000 per
infringed work where the court finds there was
willful infringement.
And if guilty under the criminal sections of the
law:
Up to one year imprisonment and/or
Fines up to $25,000

Penalties
For the unauthorized reproduction or distribution
of 10 or more copies of software with a total retail
value of $2500, penalties include:
Imprisonment for up to six years, and/or
Fines up to $250,000

Under the NET Act, signed into law on December

16, 1997, a person who willfully infringes on
copyrighted material worth at least $1,000 could
be subject to criminal prosecution, even if he/she
does not profit from the activity.

Another Reason to Follow

Software Copyright Law...
You dont need to use illegally-obtained software
because
Many software firms offer special sales arrangements
to schools and to teachers for their home use,
including:
Educational discounts for one copy and/or additional copies
of their software programs,
Reduced-priced lab packs (a quantity of programs sold
together), and/or
Site license agreements (an arrangement that allows a
school to make a specified number of copies for one
location at a fixed price).

If you look at Nothing Else...

Check out the web site created by Georgia Harper, the
manager of the Intellectual Property Section of the Office
of General Counsel for the University of Texas System.
This web site gives a clear introduction on Fair Use, plus
information on liability, whether you need permission to
copy, the University of Texas Rules of Thumb, clear
examples in the Four-Factor Test, and how to get
permission when needed.

Fair Use Of Copyrighted Materials

http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm

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

Fair Use Of Copyrighted Materials

by Georgia Harper, University of Texas http://www.utsystem.edu
/OGC/IntellectualProperty/copypol2.htm

Sources Consulted
and For More Information...
Fair Use Guidelines For Educational
Multimedia: Background and Summary

by

The Copyright Website

by

Chris Dalziel
http://www.libraries.psu.edu/mtss/fairuse/dalziel.html
Benedict OMahoney

http://www.benedict.com/

Copyright Law in the Electronic Environment

by Georgia Harper, University of Texas http://www.utsystem.edu

/OGC/IntellectualProperty/faculty.htm

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

10 Big Myths about Copyright Explained

by
Brad Templeton http://www.templetons.com/brad/copymyths
.html

Duhaime's Law Dictionary

by Lloyd Duhaime
.org/diction.htm

http://www.duhaime

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

Rules Of Thumb For Coursepacks

by

Georgia Harper, University of Texas http://www.utsystem.edu/ogc/

intellectualproperty/copypol2.htm#course

A Proposal For Educational Fair Use Guidelines For

Digital Images

by

http://www.utsystem.edu/OGC/
IntellectualProperty/imagguid.htm
Georgia Harper, University of Texas

Other Resources
And if you still cant 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

Information on Software Copyright

Software Use and the Law
by Software & Information Industry Association (SIIA)
http://www.spa.org/piracy/programs/sftuse.htm#use

Digital Anarchy: Part One of an Analysis of

Software Piracy by David Laprad http://www.avault
.com/articles/warez1_1.asp

The Federation Against Software Theft (FAST)

(United Kingdom organization)
/

http://www.fast.org.uk

Information on Software Copyright

Questions and Answers about Software Piracy
by Software & Information Industry Association (SIIA).

http://www.spa.org/piracy/programs/Q&a.htm

Commercial, Shareware, Freeware & Public

Domain Software by SIIA
http://www.spa.org/piracy/programs/share.htm#shareware

Permissible Copying of Software

by Georgia Harper, University of Texas http://www.utsystem

.edu/OGC/IntellectualProperty/mono2.htm