Copyright Donna Min Shiroma School Library Services Advanced Technology Research Branch Office of Curriculum, Instruction and Student Support © September 2007, HDOE Donna Min Shiroma School Library Services Advanced Technology Research Branch Office of Curriculum, Instruction and Student Support © September 2007, HDOE

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 This protection applies to both published and unpublished works.

Copyright Policies US Copyright Act of 1976 states that a copyright owner has the exclusive right to reproduce, distribute, transfer ownership, or display his or her creations. Permission to duplicate or change copyright works must be obtained. BOE policy 2525 of set the expectation that all Department employees, school volunteers and students will comply with copyright law.

Copyright Policy 2525 All Department of Education employees, school volunteers, and students shall comply with the United States Copyright Law (Title 17, US Code, Section 101, et. seq.). No Department employee, school volunteer, or student may duplicate or perform copyrighted works unless expressly authorized by Sections 107 through 121 of Title 17, U. S. Code or written permission granted by the copyright owner.

Regulations All Department of Education employees are prohibited from copying copyrighted works unless the action is authorized by (a) specific exemptions in the copyright law, (b) the principle of fair use, (c) the fair use guidelines as defined by Title 17, US Code, Section 107, or (d) licenses or written permission from the copyright owner. #2 deals with performance; other regulations explain what the DOE and the school must do to ensure compliance

What is Copyright? Copyright protection exists from the moment a work is created in a fixed, tangible form of expression. This includes Web published works. The copyright immediately becomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. Important Note: Copyright protects the author/creator!

What is Fair Use? Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright- protected works do not require permission from the copyright holder or its agent. Works can be used for commentary, parody, news reporting, research and education. Fair use is not really an exception, but rather a "legal defense."

What is Fair Use? What does it cover? Purpose and Character of the work - commercial vs. nonprofit educational Nature of the copyrighted work - creative, educational, published? Amount of the work - how much was used? Effect on the work’s potential market value

What is Public Domain? Material that may be freely used and copied without compensation to anyone. Public domain includes government publica- tions; material with expired, unrenewed copyright, or the creator decides to make his property "public domain." The opposite of copyrighted material. In copyright the author retains control over how his or her work is used.

What is Trademark? A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

Intellectual Property Important note regarding Intellectual Property: In the case of works for hire, the employer—not the writer—is considered the author. Therefore, work done as a part of your job, completed during work hours, is considered owned by the employer. Copyright in this case is held by the Department.

GLO #6 Effective and Ethical Users of Technology (The ability to use a variety of technologies effectively and ethically.) GLO 6: Ethical Use

IndicatorDescriptor Understands and respects legal and ethical issues Consistently demonstrates knowledge of the legal and ethical issues regarding the use of technology and information (e.g., follows school rules covering language, privacy, copyright, citation of sources)

Forms Permission to Reproduce Copyrighted Material WVdEc0_b3ePDmJjCnoeBw/copyrigh t_request.pd Permission to Link (no form/request from the webmaster)

Questions? School Library Services Intellectual Property Site: School Library Services Intellectual Property Site: