This presentation contains copyrightedmaterials used under the Fair Use Guidelines of the United StatesCopyright Law. Further use isprohibited.

©Mary Ellen Alagna, 2010.

What is Copyright?

Copyright is the law that allows authors, musicians, bands, actors, directors, artists, graphic designers, etc. to make money from their work and effort

Copyright prevents others from taking – stealing – others work for free.

It also prevents others from changing or altering a work without permission.

Why do we need copyright?

• Musicians, bands, and other artistic people create works to make money. If they can’t

make a living, most will stop creating.• If a record company can’t make money from

bands, they will cut them.• If copyright exists but isn’t enforced,

musicians will still get their contracts cut.• The result? Less music, art, books, etc.

Copyright Law:

Copyright owner has exclusive use to• Copy• Reproduce• Distribute or sell• Perform• Display• Adapt or prepare new works based on

the original

What Does Copyright Protect?• Literary works:

books, stories• Musical works:

songs, music, performances

• Dramatic works: Plays, stage performances

• Choreography: dance, cheers

• Architectural works

• Software• Sound recordings• Web designs/Graphic art• Video games• TV, movies• Videos• Pantomimes• Photographs• Internet items• Maps, charts

What is NOT protected?

• Facts• Ideas• Words• Names• Slogans – but

they can be trademarked

• Blank forms• Government

works• Lists• Copyright expired

items – since 1923

Myth 1: If it’s copy- righted, I can’t use it.

• Yes, you can use it.• You have to either get

permission to use it or • Follow the Fair Use Guidelines

to use it.

Myth 2: “They” will never know.

Unfortunately, “They” do find out.

Big brother really is watching,even in the middle of Texas.

Disney and Warner Brothers both pay “bounties” for copyright violators.

Their employees MUST turn in violators.

Myth 3: There is no © symbol, so it’s not copyrighted.

Since the USA passed the Copyright Act of 1976 the copyright symbol is no longer needed. All intellectual works that anyone creates is copyrighted when it is fixed – saved to a disk, written on paper - without notice or registration, unless specifically surrendered to someone else.

Myth 4: It’s just about money “They” don’t need.

Copyright isn’t about money. It’s really about the commongood. A democratic societyneeds to advance the knowledgebase and educate its citizens. Copyright encourages theintellectual efforts that furtherthe public good.

Copyright has deep roots in Judeo-Christian world. The practice of private ownershipdates to Ancient Rome.

The first recorded copyright case occurredin Ireland in 567. A monk visited his abbot in a neighboring monastery, liked his Psalter prayer, and secretly madea copy of it. The abbot found out and demanded it’s return, the monk refused, and they went to the King.

The King ruled that a copy is propertyand stated the copy must be returned.This established an author’s right to control copies of his manuscript untilthe first sale.

Technology drives copyright

Copyright wasn’t an issue until Johann Guttenberg invented the first printing press in 1436.

Early copyright laws

• Milton and Locke advocated copyright laws in the 1600’s.

• The first copyright law was passed in England in 1710.

• Our founding fathers included a copyright clause in our constitution.

First U.S. Law

• The first national copyright law was passed by Congress in 1790 and signed by Washington.

• It protected books, maps, and charts for 14 years with a 14 year renewal.

• Amendments added items and years.

Current Law• The Digital Millennium Copyright Act of

1998 governs usage today.• In 1885 an international conference

resulted in the Berne Convention which established international copyright law and was signed by almost all of the world’s major nations.

• The USA finally signed in 1989 due to the 1976 law and the copyright notice.

•Technology has fueled the need for changes.•Copy machines led toFair Use Guidelines.•The first ones were the Fair Use Guidelines forEducational Fair Use in 1976. •They established standards for classroomcopying.

As technology has developed,the Fair Use Guidelines have been expanded to include onesfor music (1976), videotapes(1979), and multimedia (1996).

Myth 5: I copied it from the Internet, so it is OK to use

• Items on the Internet are copyright protected.

• Assume EVERYTHING is copyrighted• Items can be used IF

– Credit the source of info– Use according to guidelines– Ask for permission

Fair Use Guidelines

• Guidelines for education• Exceptions to the copyright Law• Not a law but are a defense • Limited use without obtaining

permission• Must follow ALL four factors

Four Factors

• The purpose and character of use is nonprofit and educational

• The nature of the copyrighted work – what is being copied? Prefer facts or nonfiction

• The amount or portion used• The effect of the use on the

POTENTIAL market

Two Tests of Fair Use:Brevity and Spontaneity

• Use is at the instance and inspiration of the individual

• The inspiration and decision to use the work is so close to the time of use that it is unreasonable to expect the user to obtain permission

Student Limitations• Students may use items for a

multimedia project for a specific course• Students may perform/display their

creations for that specific course• Students may keep their works

indefinitely for their portfolio for college or job interviews

• Teachers may not use their work at conferences without permission

Credit Sources• With or without permission you still

have to CREDIT SOURCE• First, copyright notice on opening

screen• Second, credit on the slide itself with

the © notice and info• Third, credit in the bibliography or

works cited• Using is different from crediting

Portion Limits: TEXT

• Up to 10% or 1000 words – lesser amount

Portion: Motion Media/Video

• 10% or 3 minutes – lesser amount can be included in YOUR project

Portion Limits: Poems

• Entire poem – 250 words max• Only 3 poems by one poet• OR only 5 poems from ONE

anthology - book• Long poems up to 250 words • Only 3 EXCERPTS by 1 poet• OR 5 excerpts from one source

Portion Limits: MusicMelody, lyrics, video

• Up to 10%• Only 30 seconds from a single

work• Alterations cannot change the

basic melody or fundamental character – don’t adapt, play slower

MP3 Files

• Piracy in music and videos• Crackdown by industries• Distribute in copy protected format

Portion Limits: PicturesPhotos, illustrations, art

• OK to use an entire photo, graphic, illustration

• Only 5 images by one artist or photographer

• Only 10% or 15 images from a single collection or book

Numerical Data

• Up to 10%• Up to 2500 fields, cells, entries

from a data table or database

How Long Does Copyright Last

• Life of the creator plus 70 years for works created after 1978

• Works published between 1978 and 1923 are protected for 95 years

• Everything published before 1923 is in the Public Domain

What is the Public Domain?

• No one owns it• Use anything in any way you

choose• All US government works• Authors/creators can choose to put

their work in the public domain by including a notice with it

What to Do?

• Check copyright sources• Books in the library• Web sites• Ask for permission• Form letter is on the share drive• Include the copyright notice and

credit sources

Breaking the Law

• Copying and Pasting• Using a portion that is more than

allowed• Not crediting your sources• Public Performance• Stealing html code• Copying graphics

http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm

Works Cited

Templeton, Brad. 10 Big Myths about Copyright Explained. Oct 2004. 13 Sept 2007.

<http://www.templetons.com/brad/copymyths.html>

UT Austin. Fair Use of Copyrighted Materials. March 2005. 13 Sept 2007.

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