2. © 1999 Intel. All rights reserved. Presentation created for the Intel Teach to the Future program by Judi Edman Yost Institute of Computer Technology

3. © 1999 Intel. All rights reserved. What is plagiarism Attempt to pass off another person’s words or ideas as one’s own

4. © 1999 Intel. All rights reserved. What is Copyright? “The exclusive right to produce or reproduce (copy), to perform in public, or to publish an original literary or artistic work.” Duhaime's Law Dictionary Almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.

5. © 1999 Intel. All rights reserved.

6. What is “fair use”? fair use The fair use of a copyrighted work for purposes of…teaching (including multiple copies for classroom use)…is not an infringement of copyright.”

7. © 1999 Intel. All rights reserved.

8. Students & Educators have Separate Guidelines Students may: –incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course; –perform and display their own projects in the course for which they were created; and –retain them in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.

9. © 1999 Intel. All rights reserved. Limitations on Size/Portions for both Educators and Students Motion Media –Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work. Text Material –Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text.

10. © 1999 Intel. All rights reserved. Text Material - Poems –An entire poem of less than 250 words, –but no more than three poems by one poet, –or five poems by different poets from any single anthology. In poems of greater length: –up to 250 words, –but no more than three excerpts by a single poet, –or five excerpts by different poets from a single anthology. Limitations on Size/Portions

11. © 1999 Intel. All rights reserved. Music, Lyrics, and Music Video –Up to 10% –but no more than 30 seconds of music and lyrics from a single musical work –Any alterations to a musical work shall not change the basic melody or the fundamental character of the work Limitations on Size/Portions

12. © 1999 Intel. All rights reserved. Illustrations and Photographs: –A photograph or illustration may be used in its entirety. –No more than 5 images by an artist or photographer. –Not more than 10% or 15 images, whichever is less, from a single published collected work. Limitations on Size/Portions

13. © 1999 Intel. All rights reserved. Copying and Distribution Limitations Including the original, only a limited number of copies may be made of a project: –Two use copies, one of which may be placed on reserve. –An additional copy for preservation to be used or copied only to replace a use copy that has been lost, stolen, or damaged. –For jointly created projects, each principal creator may retain one copy but only as permitted by use and time restraints previously outlined.

14. © 1999 Intel. All rights reserved. Attribution & Acknowledgement Credit the sources and display the copyright notice © and copyright ownership information for all incorporated works including those prepared under fair use. Copyright ownership information includes: – © (the copyright notice) – year of first publication – name of the copyright holder

15. © 1999 Intel. All rights reserved. Future Uses Beyond Fair Use If there is a possibility that a project could result in broader dissemination [for instance, publication on the Internet], whether or not as a commercial product, individuals should take steps to obtain permissions during the development process rather than waiting until after completion of the project.

16. © 1999 Intel. All rights reserved. What About Software? Use of software does not fall under fair use! Public or private educational institutions are not exempt from the software copyright laws. When you purchase software, you are only purchasing a license to use the software – you don’t own it.

17. © 1999 Intel. All rights reserved. Unless you have specific permission from the copyright owner… It is illegal to Purchase a single user license and load it onto multiple computers or a server, Download copyrighted software from the Internet or bulletin boards, or Load the software your school purchased onto your computer at home.

18. © 1999 Intel. All rights reserved. Freeware is Free…Right? Freeware is also covered by copyright laws and subject to the conditions defined by the holder of the copyright. –You can distribute freeware, but not make any money on it. –You can modify and build other software programs based on the freeware, but those “new” programs cannot be sold for profit.

19. © 1999 Intel. All rights reserved. Only Public Domain Software is Truly “Free” Copyright rights have been relinquished. There are no distribution restrictions. You can modify the original software and build new software. You can sell your modified software.

20. © 1999 Intel. All rights reserved. Penalties For the unauthorized use and copying of software, penalties include: –Statutory damages up to $100,000 per infringed work where the court finds there was willful infringement. –And if guilty under the criminal sections of the law: Up to one year imprisonment and/or Fines up to $25,000

21. © 1999 Intel. All rights reserved. Penalties For the unauthorized reproduction or distribution of 10 or more copies of software with a total retail value of $2500, penalties include: –Imprisonment for up to six years, and/or –Fines up to $250,000 Under the NET Act, signed into law on December 16, 1997, a person who willfully infringes on copyrighted material worth at least $1,000 could be subject to criminal prosecution, even if he/she does not profit from the activity.

22. © 1999 Intel. All rights reserved.

23. Can you correctly identify fair use in the following Scenarios? Following scenarios are compliments of Board of Regents of University System of Georgia http://www.usg.edu/admin/legal/copyright/ http://www.usg.edu/admin/legal/copyright/

24. © 1999 Intel. All rights reserved. 1. Journal Article for Classroom Use SCENARIO E: A professor copies one article from a periodical for distribution to the class. QUESTION: Is this fair use? ANSWER: Yes. Distribution of multiple copies for classroom use is a fair use.

25. © 1999 Intel. All rights reserved. 1. Showing a Videotape for Classroom Instruction SCENARIO J: A teacher wishes to show a copyrighted motion picture to her class for instructional purposes. QUESTION: Is this a fair use? ANSWER: Yes. It is fair use since it is for classroom instruction and no admission fee is charged. Tuition and course fees do not constitute admission fees.

26. © 1999 Intel. All rights reserved. 2. Copying a Videotape for Classroom Instruction SCENARIO K: A teacher makes a copy of the videotape described in SCENARIO J for a colleague to show in her class at the same time. QUESTION: May she do so? ANSWER: No. This is not a fair use. The teacher may lend her personal copy of the videotape to a colleague for this purpose.

27. © 1999 Intel. All rights reserved. 3. Renting a Videotape That Is in the Public Domain for Nonclassroom Use SCENARIO L: A professor wishes to raise funds for a scholarship. She rents a copyrighted videocassette of a motion picture and charges admission fees. QUESTION: May she do so? ANSWER: No. This is not a fair use because it infringes the copyright owner's right to market the work.

28. © 1999 Intel. All rights reserved. 1. Classroom Presentation SCENARIO N: A teacher or student prepares and gives a presentation that displays photographs. Permission was not obtained to use the photographs. QUESTION: Can the photographs be included in the initial presentation, if it is in a traditional classroom? ANSWER: Yes. The copyright fair use provision explicitly provides for classroom use of copyrighted material. Instructors and students may perform and display their own educational projects or presentations for instruction.

29. © 1999 Intel. All rights reserved. 3. Broadcast of Classroom Presentation to Home or Office QUESTION: What if the presentation discussed in SCENARIO N is broadcast to students at their homes or offices? Would such use be a fair use? ANSWER: Yes. This use would be considered fair use if the individuals are enrolled in a course and viewing the presentation for purposes of criticism, comment, teaching or instruction, scholarship, or research.

30. © 1999 Intel. All rights reserved. 6. Incorporation of Photographs in an Electronic Presentation (Excluding the Internet) QUESTION: What if the SCENARIO N presentation is included in an electronic presentation such as Microsoft's Power Point? ANSWER: Yes. This should be considered fair use as long as the electronic presentation is for educational or instructional use.

31. © 1999 Intel. All rights reserved. 8. Use of Copyrighted Music SCENARIO O: A teacher or student creates a presentation and incorporates copyrighted music into the background. Assume that permission was not obtained to use the music for the presentation. QUESTION: Can the music be included in the teacher's or student's initial presentation? ANSWER: Yes. This is fair use if instruction is occurring.

32. © 1999 Intel. All rights reserved. 13. Use of Music as Content in a Classroom Presentation SCENARIO Q: A professor teaches an opera course, and the professor creates a presentation. The presentation contains the works of ten contemporary artists and is presented to a new class every semester. QUESTION: Is this a fair use? ANSWER: Yes, as long as the use of the presentation continues to be for instruction.

33. © 1999 Intel. All rights reserved. 14. Use of Music in Classroom Presentations on the Internet QUESTION: The opera classroom presentation (SCENARIO Q) or the presentation containing background music (SCENARIO O) is placed on the Internet? Is this a fair use? ANSWER: Depends. This would be fair use so long as access is restricted, e.g., by use of a password or PIN or other means.

34. © 1999 Intel. All rights reserved. 6. Student Project for Distribution on the Internet SCENARIO T: A student is taking a distance learning class in which the instructor has required that a particular assignment be created for unlimited distribution on the Web. QUESTION: If a student includes an audio segment of copyrighted music (video, news broadcast, non- dramatic literary work), is this a fair use? ANSWER: No. Since the teacher specifically stated that the project is being created for distribution over the Web, this is not a fair use of any of the listed copyrighted materials and permission should be obtained.

35. © 1999 Intel. All rights reserved. This presentation is copyrighted by Intel. However, it may be used, with copyright notices intact, for not-for-profit, educational purposes. *This is a condensed and modified version of the original presentation.