1. Copyright And Plagiarism Presented by: Jennifer Smith Librarian, Legacy Middle School Library Liaison, East Central ISD San Antonio, TX Email: jennifer.smith@fc.ecisd.netjennifer.smith@fc.ecisd.net Website: http://www.ecisd.net/legacyhttp://www.ecisd.net/legacy

2. Copyright in the News Brianna LaHara--Sued by the Recording Industry Association of America. Settled out of court for $2000, or $2 per song, illegally shared over Kazaa. Jammie Thomas--Sued by the Recording Industry Association of America. Lost her case. Fined $222,000, or $9,250 for each of 24 songs, for sharing music illegally downloaded.

3. What Is Copyright? Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. (Library of Congress)

4. What Is Copyright? (cont.) Federal Law Protection for authors of original works Works can be literary, dramatic, musical, artistic, or other intellectual works Works do not have to be published

5. Rights of Copyright Owners Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

6. Rights of Copyright Owners (cont.) To reproduce the work in copies or phonorecords; To prepare derivative works based upon the work To distribute copies or phonorecords To perform the work publicly To display the copyrighted work publicly

7. Copyright And The Constitution Article 1 Section 8. The Congress shall have power: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

8. How Long Does Copyright Last? Works by a single author: Life of the author plus 70 years Works by more than one author: 70 years after the author who dies last Corporate works: 95 years from publication or 120 years from creation (whichever is shorter) (For works created since 1978)

9. What Is Not Copyrightable? Items not fixed in physical form Titles, names, short phrases, slogans, familiar symbols, list of ingredients Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices (distinguished from descriptions) Common information : calendars, rulers U. S. Government works

10. Public Domain Public domain works are items that can be used without getting permission from the copyright holder. However you must still give credit to the author (bibliography).

11. Fair Use Fair Use exemptions are when students and teachers can break copyright while doing school work.

12. Print Poems less than 250 words Articles, stories, and essays less than 2500 words Longer works: 10% or 1000 words, whichever is less

13. Images/Pictures 5 images per artist 1 chart, graph, diagram, drawing, cartoon, or picture per book or periodical

14. Video 10 % of the work or 3 minutes, whichever is less

15. Music 10% of the work or 30 seconds, whichever is less

16. Ethics vs. Law Ethics: The discipline dealing with what is good and bad and with moral duty and obligation. Law: A rule of conduct or action formally recognized and enforced by a controlling authority. (Merriam-Webster OnLine)

17. What is Plagiarism? Plagiarism is using someone else’s words or ideas as your own. Consequences of Plagiarism: School College Work (Albert Flores)

18. How Do I Avoid Plagiarism? You must credit ALL work that is not your own original creation, even if it is in the public domain. WRITE A BIBLIOGRAPHY

19. Sources Davidson, Hall. The Educator's Guide to Copyright and Fair Use. 13 March 2003. http://www.techlearning.com/db_area/arch ives/TL/2002/10/copyright.html. http://www.techlearning.com/db_area/arch ives/TL/2002/10/copyright.html. Merriam-Webster OnLine. 10 August 2005. http://www.m-w.com. http://www.m-w.com. U.S. Copyright Office. Copyright Basics. 13 March 2003. http://www.loc.gov/copyright/ circs/circ1.html.http://www.loc.gov/copyright/ circs/circ1.html.

20. Copyright in the News Brianna LaHara 12-year-old settles music swap lawsuit http://www.cnn.com/2003/TECH/internet/09/0 9/music.swap.settlement/ Music industry settles copyright lawsuit against 12-year-old girl http://www.usatoday.com/tech/news/ techpolicy/2003-09-09-kid-pays-riaa_x.htm

21. Copyright in the News Jammie Thomas Minn. Woman to Pay for Illegal Music Downloads http://www.npr.org/templates/story/story.php? storyId=15037223 Record companies win music sharing trial http://www.usatoday.com/life/music/2007-10- 04-3788645732_x.htm

22. Copyright in the News Albert Flores Adler, K. “TV meteorologist caught copying websites for his newspaper column.” San Antonio Express News 26 Oct. 2002. Daily nixes weather columnist http://www.texaspress.com/messenger/november02/ne wsbriefs1102.htm http://www.texaspress.com/messenger/november02/ne wsbriefs1102.htm Jakle, J. “After 20 years with KENS-TV, Albert Flores loses his job over plagiarized columns” San Antonio Express News 6 Nov. 2002.

23. Additional Teacher Resources Copyright (check out the great Fair Use Checklist) http://henricostaffdev.org/copyright Copyright Kids http://www.copyrightkids.org Crash Course in Copyright http://www.utsystem.edu/ogc/intellectualproperty/ cprtindx.htm A Fair(y) Use Tale http://cyberlaw.stanford.edu/documentary-film- program/film/a-fair-y-use-tale