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BMA-IBT-2 2.2 DEMONSTRATE ETHICAL AND LEGAL ACTIONS WITH REGARDS TO PLAGIARISM, FAIR USE, AND COPYRIGHT LAWS
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Federal Law
United States Constitution, Article I, Section 8
The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Federal Law Title 17, U.S. Code
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Copyright –
is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
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Copyright protects
original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture
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Scope of Copyright - Six Fundamental Rights
1.Reproduce the work
2.Prepare derivative works based upon the work
3.Distribute copies of the work to the public
4. Perform the work publicly
5. Display the copyrighted work publicly
6. Perform the work publicly by means of digital audio transmition.
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Fair Use
• Sets limitations on rights of copyright holders
• Guidelines not absolute
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Fair Use Conditions
1. Non-profit educational institutions or homebound instruction
2. Face-to-face instruction – students and teachers
3. Support of curricular objectives
4. Legally obtained
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Teachers
Educators may use their own multimedia presentations to teach in-service classes, for presentations at faculty meetings, workshops, and conferences.
Becker, Gary H. Copyright: A Guide to Information and Resources. 3rd Ed. Lake Mary, 2003. 58-59.
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Fair Use Factors/Test
1. Purpose and character of use
2. Nature of copyrighted work
3. Amount copied
4. Cumulative effect of use
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Scenario – Online Pictures
You find several pictures on a Web site, download them, and use them in your PowerPoint for your conference presentation.
Is this a copyright violation?
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Internet
Assume everything is copyrighted
Use existing guidelines for appropriate media format
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Pictures
Used in its entirety
No more than 5 images per artist
No more than 10% or 5 images
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Scenario – The Presentation
You are presenting at a conference using PowerPoint. You include quotes, photographs,
music, and videos.
Is this a copyright violation?
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Issue - Pictures
Up to 5 or 10% of images from single artist
Up to 15 images from a collection
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Scenario – The Publication
You publish guidelines and distribute them statewide.
You used copyrighted text passages and graphics.
Is this a copyright violation?
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Scenario - Web sites
You create a Web site and add a popular cartoon character for humor
Is this a copyright violation?