1. Copyright © Texas Education Agency, 2013. All rights reserved. 1 Web Technologies Copyright Guidelines

2. What is Copyright? Copyright is a form of ownership in original works of authorship. Literary Works Dramatic Works Music Art Intellectual Property Copyright © Texas Education Agency, 2013. All rights reserved. 2

3. Why Understand Copyright Guidelines? It seems easy to find a picture you like online or a song and include it on your website. Unless you have permission from the owner of the picture or song, you are violating copyright laws by using it. It is imperative that website designers know what works they can and cannot use, and under what circumstances they can be used. Copyright © Texas Education Agency, 2013. All rights reserved. 3

4. Articles of the Berne Convention Each country had their own copyright laws. Individual laws did little to protect copyright owners in other countries. Most countries agreed to work together to develop uniform standards of copyright laws. Known as the Articles of the Berne Convention Copyright © Texas Education Agency, 2013. All rights reserved. 4

5. Copyright Requirements For a work to qualify for copyright protection, it must satisfy three criteria: be original; be creative to a minimal degree; and be a fixed or tangible form of expression. Copyright © Texas Education Agency, 2013. All rights reserved. 5

6. Original Work Work must be the original work of the author. Even if the work is similar to another work, it can still be protected under copyright laws. The quality of the work is not required for the work to be considered original. Copyright © Texas Education Agency, 2013. All rights reserved. 6

7. Creativity A work must include a degree of creativity in order to quality for copyright protection. Facts are not subject to copyright. How the facts are presented are subject to copyright. Copyright © Texas Education Agency, 2013. All rights reserved. 7

8. Fixed & Tangible An idea is not subject to copyright protection. The work must be in a form that can be seen / viewed / or heard by others. Copyright © Texas Education Agency, 2013. All rights reserved. 8

9. The Copyright Symbol The copyright symbol is the letter C inside a circle. Does not serve any legal purpose It simply reminds viewers that the work is covered by copyright protection and the author does not want their work copied without their permission. Copyright © Texas Education Agency, 2013. All rights reserved. 9

10. The Copyright Symbol Even though the copyright symbol is not required, when used, it should include three things: the Copyright Symbol; the year the work was first published; and the name of the individual or company claiming the rights to the copyright. Copyright © Texas Education Agency, 2013. All rights reserved. 10

11. Copyright Registration It is NOT required that a work be registered with the US Copyright Office to be protected by Copyright Laws. Registration only serves to provide additional protection against copyright violations. Copyright © Texas Education Agency, 2013. All rights reserved. 11

12. Using Copyrighted Works There are generally three circumstances where you can use original works you did not create on your website projects: you have expressed permission to use the work from the owner; the use of the work falls within the Fair Use Guidelines; and/or the work is in the Public Domain. Copyright © Texas Education Agency, 2013. All rights reserved. 12

13. Copyright Violations Using copyrighted material without permission of the owners is called Intellectual Property Theft. There are penalties associated with Intellectual Property Theft. Generally the owner can collect any actual damages that occurred because of the copyright violation. In other cases there can be criminal charges and punitive damages paid as well. Copyright © Texas Education Agency, 2013. All rights reserved. 13

14. Fair Use Guidelines The Fair Use Guidelines allow for limited amounts of certain copyrighted works to be used for educational purposes without obtaining permission. The project in which the copyrighted work is used cannot be made available to the public or distributed; it can only be used in class. Copyright © Texas Education Agency, 2013. All rights reserved. 14

15. Fair Use Guidelines MaterialExtent of Use Motion MediaUp to 10% or 3 minutes, whichever is less Text MaterialUp to 10% or 1000 words, whichever is less Poem An entire poem with less than 250 words, 3 poems by the same author and 5 poems by different authors Music, Lyrics, Music Video Up to 10% of an individual work, no more than 30 seconds per event Illustrations and Photographs Up to 5 images by an artist or photographer may be reproduced or incorporated; up to 10% or 15 images, whichever is less, from a collective work Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted data table may be incorporated Copyright © Texas Education Agency, 2013. All rights reserved. 15

16. Public Domain Any work that is not subject to copyright protection is considered Public Domain. Anyone may use works in the Public Domain for whatever reason without obtaining permission. Copyright © Texas Education Agency, 2013. All rights reserved. 16

17. Public Domain Which works are Public Domain? It was published before 1963 and the copyright was not renewed. It was published between 1923 and 1963 without a copyright notice. It was published before 1978 and did not contain a proper copyright notice. It is was published before 1978 and has been 70 years after the death of the author. The author has explicitly designated the work to be a part of the public domain. The work is published by the government. Copyright © Texas Education Agency, 2013. All rights reserved. 17