Ethically Speaking “The Computer as an Educational Tool: Productivity and Problem Solving” ©Richard C. Forcier and Don E. Descy

Today  What is copyright?  Interpreting the Copyright Act  Basic guidelines  Web sites  Discussion

What is copyright? Copyright is a set of laws designed to protect the financial interests of creators, producers, and distributors of original works of information and art.

 Purpose and character of use (commercial vs. nonprofit)  Nature of the work  Amount and substantiality of portion used related to the whole  Effect on potential market  Spontaneity Interpreting the Copyright Act

Basic Guidelines  Categories (1) Pictures, graphicsPictures, graphics SculpturesSculptures Literary worksLiterary works Audiovisual worksAudiovisual works Dramatic worksDramatic works

Basic Guidelines  Categories (2) Choreographic worksChoreographic works Music and lyricsMusic and lyrics RecordingsRecordings Architectural worksArchitectural works

Time Span  Before 1/2/78: Life of author plus 50 years  After 1/1/78: 28 years with 47-year renewal (75 years total)

Paper  10% of prose up to 1,000 words  250 words from a poem  One illustration from periodical or book

Computer Software  Make one archival copy  Adapt program to local needs  Add features to program  Adapt to another language if it is not available

Multimedia (1)  Portions of lawfully acquired copyrighted works can be used in student/teacher projects for class, distance education, and student self- directed materials.

Multimedia (2)  Copies may be retained for portfolio, assessment, tenure, job interviews.  Educators may use material for up to 2 years without permission.

Multimedia (3)  10% or 3 minutes of motion media  1,000 words of text  30 seconds of music  Five images from an artist  2,500 fields/cells from database

Distance Education  Tapes may be kept for 45 days.  Recordings may not be altered.

Off-Air Videotaping (1)  Retain for 45 days  Use within first 10 days and a second time if necessary  Professional staff may view tape several times.  You may use only part of program.

Off-Air Videotaping (2)  Make a limited number of copies  License from copyright holder  “Cable in the Classroom”

True or False (1)  Fair use in a classroom is fair use at a conference.  You are liable if your superior orders you to copy the work.  If it is on the Web, it is copyrighted.

True or False (2)  Distance education instructors may use copyrighted works (video/photos) without first getting permission.  Copyrighted materials must be registered.  Copyrighted materials must carry a ©.

True or False (3)  U.S. Government publications are not copyrighted.  In that case, stamps are not copyrighted.  It is OK to play a radio in the background in a barber shop.

So what is it worth?  $1,000 and a year in jail  Civil damages of $50,000  Employers and educators can both be held liable.

Web Sites  Copyright and fair use: fairuse.stanford.edu  Cyderspace law for nonlawyers:  U.S. Copyright Office: lcweb.loc.gov/copyright  U.S. House Law Library: law.house.gov/325.htm

Questions?