Dr. Randy D. Ralph Media Coordinator The John A. Carter Media Center Atkins A&T High School Dr. Randy D. Ralph Media Coordinator The John A. Carter Media Center Atkins A&T High School

Protection of intellectual property against infringement did not occur until considerably after the invention of the printing press in 1436 by Gutenberg in Germany. In 1566 the English Star Chamber issued a decree entitled, Ordinances Decreed for Reformation of Divers Disorders in Printing and Uttering of Bookes. It protected “ letters of patent,” putting published works under the protection of the Stationer’s Company, a crown monopoly, which also had ideological control over publishing and the importation and distribution of printed works throughout Great Britain. Protection of intellectual property against infringement did not occur until considerably after the invention of the printing press in 1436 by Gutenberg in Germany. In 1566 the English Star Chamber issued a decree entitled, Ordinances Decreed for Reformation of Divers Disorders in Printing and Uttering of Bookes. It protected “ letters of patent,” putting published works under the protection of the Stationer’s Company, a crown monopoly, which also had ideological control over publishing and the importation and distribution of printed works throughout Great Britain. A Very Brief History

The English Parliament became the first legislative body to establish copyright protection when it enacted The Statute of Anne in International copyright protection began in 1886 with the establishment of the Berne Convention. All nations signatory to the Convention, including the U.S.A., recognize, and enforce the copyright laws of other member nations within their borders. The English Parliament became the first legislative body to establish copyright protection when it enacted The Statute of Anne in International copyright protection began in 1886 with the establishment of the Berne Convention. All nations signatory to the Convention, including the U.S.A., recognize, and enforce the copyright laws of other member nations within their borders. A Very Brief History

Congress first enacted the Copyright Law of the United States in There have been many revisions since that time, the most recent in There has also been a lot of copyright infringement litigation establishing case law. In 1994 the American Geophysical Union sued Texaco in federal court claiming that Texaco photocopied articles from its journals without permission. The court’s decision declared that a single article published within a journal constituted the whole of an author’s work. This set a significant new precedent in the law. Congress first enacted the Copyright Law of the United States in There have been many revisions since that time, the most recent in There has also been a lot of copyright infringement litigation establishing case law. In 1994 the American Geophysical Union sued Texaco in federal court claiming that Texaco photocopied articles from its journals without permission. The court’s decision declared that a single article published within a journal constituted the whole of an author’s work. This set a significant new precedent in the law. A Very Brief History

U.S. Code, Title 17 (1976), protects the rights of the creators or owners of intellectual property against infringement in the United States and its territories. The Copyright Law of the United States The Copyright Law of the United States

But what, exactly, is meant by the terms But what, exactly, is meant by the terms “ intellectual property ” and “ infringement ?”

refers to any creations of the minds of authors, inventors, composers, musicians, artists, or any others, singly or as a group. Intellectual Property It also refers to the owners of works created by others.

ArticlesArticles BooksBooks Blogs or WikisBlogs or Wikis DictionariesDictionaries s s EncyclopediasEncyclopedias FilmsFilms EssaysEssays ArticlesArticles BooksBooks Blogs or WikisBlogs or Wikis DictionariesDictionaries s s EncyclopediasEncyclopedias FilmsFilms EssaysEssays MusicMusic PatentsPatents PerformancesPerformances PhotographsPhotographs PoemsPoems VideosVideos WebsitesWebsites Works of ArtWorks of Art MusicMusic PatentsPatents PerformancesPerformances PhotographsPhotographs PoemsPoems VideosVideos WebsitesWebsites Works of ArtWorks of Art Intellectual Property

refers to a violation of the law, a regulation (criminal breeches), or an agreement (a civil breech). Infringement It also refers to an encroachment on a right of ownership or privilege.

of copyright is a federal offense. It is investigated by the FBI and prosecuted by the U. S. Depart- ment of Justice, whether or not monetary damages are alleged. Infringement

Fair Use The Copyright Law of the United States, Title 17, section 107, defines and lays out exceptions to, and exemptions from, infringe- ment of the rights of copyright holders – the so-called Fair Use Doctrine. Fair Use Doctrine.

Fair Use In the words of Section 107: “ … The of a copyrighted work … for purpose such as critcism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright.” fair use

Fair Use because may promote the public good. fair use Section 107 exempts from infringe- ment, under certain circumstances CriticismJournalism Commentary Scholarship EducationResearch CriticismJournalism Commentary Scholarship EducationResearch

Fair Use Factors Section 107 lists four principal factors to consider in the deter- mination of fair use.

Fair Use Factors 1)the purpose and nature of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.

Fair Use Factors 2)the nature of the copyrighted work.

3)the amount and substantiality of the portion used in relation to the copyrighted work as a whole. Fair Use Factors

4)the effect of the use on the potential market for or value of the copyrighted work. Fair Use Factors

The language of Section 107, with regard to fair use, is vague, at best. Interpretation of the four principal factors can result in completely reasonable, yet conflicting, conclusions. Fair Use Guidelines

For this reason professional organ- izations have promulgated fair use guidelines. The language of guide- lines, however, is generally not found within the law and may not reflect what Congress intended. Fair Use Guidelines

Probably the best known guide- lines developed for fair use by educational institutions are the CONTU Guidelines and the so- called “Classroom Guidelines.” Fair Use Guidelines

The CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements, were adopted in Fair Use Guidelines

The Agreement on Guidelines for Classroom Copying in Not-for-profit Educational Institutions with Respect to Books and Periodicals, often referred to as the "Classroom Guidelines,” were adopted in Fair Use Guidelines

Simple compliance with a set of professional guidelines to fair use, however, does not indemnify any institution against allegations of infringement. Infringement can only be determined in the courts by litigation of challenged usage within the law. Fair Use Guidelines

In the landmark case, American Geophysical Union vs. Texaco Corp., a federal court held, in 1994, that photocopying an article from a journal was a violation of copyright because the article copied was the entire work, not a portion of the work. Fair Use Guidelines

Making xerographic copies of articles from journals and newspapers had long been deemed acceptable in professional guidelines to fair use. The court struck such use down, defining the article as the whole of the work. Fair Use Guidelines

So, simple adherence to a set of accepted guidelines to fair use does not confer any protection against allegations of infringement under the law as it has been interpreted by the New York Federal District Court in the 1994 decision. Fair Use Guidelines

The most authoritative set of guidelines to fair use in education is embodied in Circular 21, Reproduction of Copyrighted Works by Educators and Librarians, from the Copyright Office of the Library of Congress. All educators should familiarize themselves with the contents of these guidelines. The most authoritative set of guidelines to fair use in education is embodied in Circular 21, Reproduction of Copyrighted Works by Educators and Librarians, from the Copyright Office of the Library of Congress. All educators should familiarize themselves with the contents of these guidelines.

Reproduction of Copyrighted Works by Educators and Librarians U.S. Copyright Office Circular 21 is available via the link below: Reproduction of Copyrighted Works by Educators and Librarians U.S. Copyright Office Circular 21 is available via the link below: Reproduction of Copyrighted Works by Educators and Librarians Fair Use Guidelines

The U.S. Copyright office has also published FAQs on copyright, available via the link below: The U.S. Copyright office has also published FAQs on copyright, available via the link below: Fair Use Guidelines

Copyright for Educators Jackie Pierson, program manager for Library/ Media Services at WSFCS has produced a Powerpoint presentation entitled, Copyright for Educators, for use by teachers and administrators within the school system here.Copyright for Educators Follow the link above to view it. Jackie Pierson, program manager for Library/ Media Services at WSFCS has produced a Powerpoint presentation entitled, Copyright for Educators, for use by teachers and administrators within the school system here.Copyright for Educators Follow the link above to view it. Fair Use Guidelines

When in doubt, contact a friendly professional in the Media Center before you act!

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