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Using Copyright Protected Using Copyright Protected Materials For EducationMaterials For Education
Assignment 10: Major ProjectAssignment 10: Major Project
bybyDave WinogronDave Winogron
EDD 8434 – 25594 – OL3EDD 8434 – 25594 – OL3School Law – Dr. Robert J. School Law – Dr. Robert J.
SafranskySafransky
Nova Southeastern UniversityNova Southeastern UniversityDecember 2, 2007December 2, 2007
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Copyright –Copyright –
legal protection granted legal protection granted creators or authors creators or authors
of original worksof original works
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What does copyright protect?What does copyright protect?
literary worksliterary works
musical works including lyricsmusical works including lyrics
dramatic works including dramatic works including accompanying music accompanying music
pantomimes and pantomimes and choreographic works choreographic works
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What does copyright What does copyright protect?protect?
pictorial, graphic, pictorial, graphic, and sculptural works and sculptural works
motion pictures and other motion pictures and other audiovisual worksaudiovisual works
sound recordings sound recordings
architectural worksarchitectural works
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Copyright – Copyright –
legal protection granted legal protection granted creators or authors creators or authors of original worksof original works
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Copyright – Copyright –
legal protection granted legal protection granted creators or authors creators or authors of original worksof original works
protection for publishedprotection for publishedand unpublished workand unpublished work
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Copyright’s main purposes:Copyright’s main purposes:
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Copyright’s main purposes:Copyright’s main purposes:
protection of author's right protection of author's right to benefit from valuable to benefit from valuable
workwork
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Copyright’s main purposes:Copyright’s main purposes:
protection of author's right protection of author's right to benefit from valuable to benefit from valuable
workwork
protection of author's right protection of author's right to control how work is usedto control how work is used
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Why should educators be Why should educators be concerned with copyright?concerned with copyright?
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Why should educators be Why should educators be concerned with concerned with
copyright?copyright?
student learning experiences student learning experiences enhanced by outside enhanced by outside
resourcesresources
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Why should educators be Why should educators be concerned with concerned with
copyright?copyright?
student learning experiences student learning experiences enhanced by outside enhanced by outside
resources resources
these resources are often these resources are often copyrighted materialscopyrighted materials
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Why should educators be Why should educators be concerned with copyright?concerned with copyright?
teachers and administrators teachers and administrators must be aware of copyrightmust be aware of copyright
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Why should educators be Why should educators be concerned with copyright?concerned with copyright?
teachers and administrators teachers and administrators must be aware of copyrightmust be aware of copyright
students must also be aware students must also be aware of copyrightof copyright
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Copyright –Copyright –
legal protection legal protection to authors/creators to authors/creators of original worksof original works
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Copyright –Copyright –
legal protection legal protection to authors/creators to authors/creators of original worksof original works
literary, dramatic, music, literary, dramatic, music, artistic, & certain other artistic, & certain other individual worksindividual works
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Copyright –Copyright –
legal protectionlegal protectionto authors/creatorsto authors/creators
of original works of original works
literary, dramatic, music, literary, dramatic, music, artistic, & certain other artistic, & certain other individual worksindividual works
protection for publishedprotection for published & unpublished work& unpublished work
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Copyright – HistoryCopyright – History
English License Act of 1662English License Act of 1662
Company of Stationers Company of Stationers of London official printer of London official printer of the realmof the realm
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Copyright – HistoryCopyright – History
English License Act of 1662English License Act of 1662
Company of Stationers Company of Stationers of London official printer of London official printer of the realmof the realm
ownership by printerownership by printer
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Copyright – HistoryCopyright – History
Statute of Anne - 1710Statute of Anne - 1710
English Parliament English Parliament established author’s established author’s ownership of copyright ownership of copyright
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Copyright – HistoryCopyright – History
Statute of Anne - 1710Statute of Anne - 1710
English Parliament English Parliament established author’s established author’s ownership of copyright ownership of copyright
fixed term of copyright fixed term of copyright protection protection
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Copyright – HistoryCopyright – History
U.S. Constitution - 1787U.S. Constitution - 1787Article I, Section 8Article I, Section 8
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Copyright – HistoryCopyright – History
U.S. Constitution - 1787U.S. Constitution - 1787Article I, Section 8Article I, Section 8
““the Congress shall have power…to the Congress shall have power…to promote progress of science and useful promote progress of science and useful arts, secured for limited times to arts, secured for limited times to authors and inventors the exclusive authors and inventors the exclusive right to their respective writings and right to their respective writings and discoveries”discoveries”
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Copyright – HistoryCopyright – History
The Copyright Act - 1790The Copyright Act - 1790
Congress implemented Congress implemented copyright provision of copyright provision of
U.S. ConstitutionU.S. Constitution
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Copyright – HistoryCopyright – History
The Copyright Act - 1790The Copyright Act - 1790
Congress implemented Congress implemented copyright provision of copyright provision of
U.S. ConstitutionU.S. Constitution
required registration required registration of copyrightof copyright
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Copyright – HistoryCopyright – History
Copyright Act of 1909Copyright Act of 1909
extended copyright extended copyright duration to 28 years duration to 28 years
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Copyright – HistoryCopyright – History
Copyright Act of 1909Copyright Act of 1909
extended copyright extended copyright duration to 28 yearsduration to 28 years
extended categories protected extended categories protected
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Copyright – HistoryCopyright – History
The Copyright Act of 1976The Copyright Act of 1976
basis of copyright law basis of copyright law in the United Statesin the United States
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Copyright – HistoryCopyright – History
The Copyright Act of 1976The Copyright Act of 1976
basis of copyright law basis of copyright law in the United Statesin the United States
extended copyright protection extended copyright protection to 50 years after to 50 years after
creator's death creator's death
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Copyright – HistoryCopyright – History
Berne Convention Berne Convention Implementation Act of 1988Implementation Act of 1988
U.S. U.S. adoption ofadoption of international international copyright treatycopyright treaty
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Copyright – HistoryCopyright – History
Berne Convention Berne Convention Implementation Act of 1988Implementation Act of 1988
U.S. U.S. adoption of international adoption of international copyright treatycopyright treaty
posted copyright notice not required to be protected by copyright law
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Copyright – HistoryCopyright – History
The Digital Millennium The Digital Millennium Copyright Act 1998Copyright Act 1998
Copyright of print materialCopyright of print materialapplies to Internet useapplies to Internet use
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Copyright – HistoryCopyright – History
The Digital Millennium The Digital Millennium Copyright Act 1998Copyright Act 1998
Copyright of print materialCopyright of print materialapplies to Internet useapplies to Internet use
Copyright protection systemsCopyright protection systems
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Copyright – HistoryCopyright – History
The Digital Millennium The Digital Millennium Copyright Act 1998Copyright Act 1998
Copyright of print materialCopyright of print materialapplies to Internet useapplies to Internet use
Copyright protection systemsCopyright protection systems
Link to page within web siteLink to page within web sitenot allowednot allowed
35
Copyright – HistoryCopyright – History
Technology, Education, and Technology, Education, and Copyright Harmonization Act Copyright Harmonization Act (TEACH) - 2002(TEACH) - 2002
Not infringement of copyright Not infringement of copyright for teachers and students for teachers and students
under certain conditionsunder certain conditions
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Public DomainPublic Domain
work published beforework published beforeJanuary 1, 1923January 1, 1923
work published betweenwork published between1923 - 1978 without 1923 - 1978 without
valid valid copyright or copyright or not renewed not renewed
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Public DomainPublic Domain
work authored bywork authored bygovernment employeesgovernment employees
work that copyright owner work that copyright owner granted to public domaingranted to public domain
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Public DomainPublic Domain
no work published after no work published after January January 1, 1978, will pass 1, 1978, will pass
into the public domain until into the public domain until
at least 2048at least 2048
39
Legal use of material Legal use of material for education?for education?
40
Legal use of material Legal use of material for education?for education?
Ask for permission from Ask for permission from copyright holdercopyright holder
41
Legal use of material Legal use of material for education?for education?
Ask for permission from Ask for permission from copyright holdercopyright holder
Fair UseFair Use
42
Legal use of material Legal use of material for education?for education?
Ask for permission from Ask for permission from copyright holdercopyright holder
Fair UseFair Use
TEACH ActTEACH Act
43
Legal use of material Legal use of material for education?for education?
Provide links to sites Provide links to sites with rights to materialwith rights to material
44
Legal use of material Legal use of material for education?for education?
Provide links to sites Provide links to sites with rights to materialwith rights to material
All materials All materials must contain citationsmust contain citations
45
Fair Use –Fair Use –
exemption for limited use exemption for limited use of work without of work without
permissionpermission
46
Fair Use –Fair Use –
exemption for limited use exemption for limited use of work without of work without
permissionpermission
criticism or commentarycriticism or commentary summary or quotation for summary or quotation for
news reporting news reporting research and scholarship research and scholarship parody of another's work parody of another's work nonprofit educational usenonprofit educational use
47
Fair Use –Fair Use –
GuidelinesGuidelines
Purpose of usePurpose of use
48
Fair Use –Fair Use –
GuidelinesGuidelines
Purpose of usePurpose of use
Nature of workNature of work
49
Fair Use –Fair Use –
GuidelinesGuidelines
Purpose of usePurpose of use
Nature of workNature of work
How much usedHow much used
50
Fair Use –Fair Use –
GuidelinesGuidelines
Purpose of usePurpose of use
Nature of workNature of work
How much usedHow much used
Effect on the marketEffect on the market
51
Fair Use –Fair Use –
How much may be usedHow much may be used
Examples:Examples:
A poem of less than 250 words or an excerpt of 250 words from longer poems
52
Fair Use –Fair Use –
How much may be usedHow much may be used
Examples:Examples:
articles, essays, or stories less than 2500 words
excerpts from longer work 10% or 1000 words, whichever is less
53
Fair Use –Fair Use –
How much may be usedHow much may be used
Examples:Examples:
video - - three minutes or 10%, whichever is less may be used by teachers or students as part of a multimedia program
54
Fair Use –Fair Use –
How much may be usedHow much may be used
Examples:Examples:
audio - - 30 seconds or 10% of music may be used by teachers or students as part of a multimedia program
55
However,However,
If use does not qualify as If use does not qualify as fair use then citing fair use then citing source or author does source or author does notnot protect against protect against
charge of copyright charge of copyright infringement.infringement.
56
TEACH Act – conditionsTEACH Act – conditions
Accredited, nonprofit Accredited, nonprofit educational institutioneducational institution
Direct supervision of instructorDirect supervision of instructor
Content-related, not entertainmentContent-related, not entertainment
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TEACH Act - conditionsTEACH Act - conditions
Limited to students enrolledLimited to students enrolled
Technological measuresTechnological measures
Notification work copyrightedNotification work copyrighted
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Teachers and students Teachers and students must use materials must use materials in a legal fashionin a legal fashion
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Legal and ethical Legal and ethical behavior imperativebehavior imperative
Large civil judgments Large civil judgments against individuals against individuals and institutions for and institutions for copyright infringementcopyright infringement
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Remember - Remember -
The same technology The same technology that allows for that allows for ease-of-use ease-of-use can also be used tocan also be used totrack infringement.track infringement.
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ReferencesReferences
http://chnm.gmu.edu/digitalhistory/copyright/1.phphttp://chnm.gmu.edu/digitalhistory/copyright/1.php
http://fairuse.stanford.edu/http://fairuse.stanford.edu/
http://notebook.lausd.net/pls/ptl/docs/PAGE/http://notebook.lausd.net/pls/ptl/docs/PAGE/CA_LAUSD/FLDR_ORGANIZATIONS/FLDR_INFOTECH/CA_LAUSD/FLDR_ORGANIZATIONS/FLDR_INFOTECH/BUL-714%20ADOBE%205.0.PDFBUL-714%20ADOBE%205.0.PDF
http://www.ala.org/ala/washoff/woissues/copyrightb/http://www.ala.org/ala/washoff/woissues/copyrightb/federallegislation/dmca/dmcadigitalmillenium.cfmfederallegislation/dmca/dmcadigitalmillenium.cfm
http://www.arl.org/pp/ppcopyright/copyresources/http://www.arl.org/pp/ppcopyright/copyresources/copytimeline.shtmlcopytimeline.shtml
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ReferencesReferences
http://www.bitlaw.com/source/17usc/index.htmlhttp://www.bitlaw.com/source/17usc/index.html
http://www.copyright.cornell.edu/public_domain/http://www.copyright.cornell.edu/public_domain/
http://www.copyright.gov/http://www.copyright.gov/
http://www.copyrighthistory.org/http://www.copyrighthistory.org/
http://www.edu-cyberpg.com/Internet/http://www.edu-cyberpg.com/Internet/copyrightleft2.htmlcopyrightleft2.html
http://www.loc.gov/copyright/http://www.loc.gov/copyright/
http://www.loc.gov/copyright/title17/92chap1.htmlhttp://www.loc.gov/copyright/title17/92chap1.html
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ReferencesReferences
http://www.templetons.com/brad/copymyths.htmlhttp://www.templetons.com/brad/copymyths.html
http://www.megalaw.com/top/copyright/http://www.megalaw.com/top/copyright/copyrightcases.phpcopyrightcases.php
http://www.nolo.com/about.cfmhttp://www.nolo.com/about.cfm
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