3Federal Law United States Constitution, Article I, 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.Federal Law Title 17, U.S. Code
4Curriculum – NC SCOS Computer skills Information skills Language Arts 21st Century Skills
8Scope of Copyright - Six Fundamental Rights ReproductionAdaptationPublicationPerformanceDisplayDigital transmissionReproduction - making copiesAdaptation - making changesPublication - presenting to publicPerformance - presenting to publicDisplay - presenting to public
9Fair Use Sets limitations on rights of copyright holders Guidelines not absolute
10Fair Use ConditionsNon-profit educational institutions or homebound instructionFace-to-face instruction – students and teachersSupport of curricular objectivesLegally obtained
11TeachersEducators may use their own multimedia presentations to teach in-service classes, for presentations at faculty meetings, workshops, and conferences.Becker, Gary H. Copyright: A Guide to Information and Resources. 3rd Ed. Lake Mary,
12Fair Use Factors/Test Purpose and character of use Nature of copyrighted workAmount copiedCumulative effect of useSynopsis from Carol Simpson’s book, Copyright for Schools: A Practical Guide, 4th Ed.Purpose and Character of UseNonprofit useCriticism, commentary, new reportingNature of workFactual or creativePublished or not publishedAmount of work usedEssence of workEffect of use on market for or value of useCommercial use – transfer of moneySale of yearbooks, band concert videos, t-shirt with cartoon charactersMisrepresentation – making it look like it’s yoursWhat would happen if everyone did what you are doing? – cumulative effect
13Scenario – Online Pictures You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation.Is this a copyright violation?
14Internet Assume everything is copyrighted Use existing guidelines for appropriate media format
16Pictures Used in its entirety No more than 5 images per artist No more than 10% or 5 images
17Scenario – Photocopying You make a copy of an article for everyone in your workshop session.Is this a copyright violation?
18PhotocopyingYou can make a single copy of:book chaptermagazine or newspaper articlepicture from a book, magazine, or newspaper
19ConditionsMay not exceed one per participantSpontaneous
20ConditionsFor scholarly researchUse in teaching or preparation
21PhotocopyingMultiple copies for the classroom of:poem of less than 250 wordscomplete article, story, or essay less than 2,500 words
22Photocopying Multiple copies of: an excerpt from larger work up to 1,000 words or 10% whichever is lessone graphic or picture per book or issue
23PhotocopyingMultiple copies of:combinations of prose, poetry, and illustrations up to 10% of totalmust bear copyright notice
24Scenario – The Presentation You are presenting at a conference using PowerPoint. You include quotes, photographs,music, and videos.ViolationAccess or boot file is part of the program and there is no brevity provision in fair use for computer softwareIs this a copyright violation?
28Video10% of motion media or 3 minutes, whichever is less
29Scenario – The Publication You publish guidelines and distribute them statewide.You used copyrighted text passages and graphics.ViolationAccess or boot file is part of the program and there is no brevity provision in fair use for computer softwareIs this a copyright violation?
30ProbablyPublication is a fundamental rightAsk for and get permission
31Scenario - Web sitesYou create a Web site and add a popular cartoon character for humorIs this a copyright violation?
32Probably Posting on the Internet is publication Cartoon characters are highly creative worksAsk for and get permission
33Citations www.ncwiseowl.org/reference/citations.htm Copyright handoutJohn BrimIn compliance with federal law, including the provisions of Title IX of the Education Amendments of 1972, N C Public Schools administers all state-operated educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or gender, except where exemption is appropriate and allowed by law.