Using Copyright Protected Materials For Education Assignment 10: Major Project by Dave Winogron EDD 8434 – 25594 – OL3 School Law – Dr. Robert J. Safransky

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protection for publishedprotection for publishedand unpublished workand unpublished work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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protection of author's right protection of author's right to benefit from valuable to benefit from valuable

workwork

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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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teachers and administrators teachers and administrators must be aware of copyrightmust be aware of copyright

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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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legal protection legal protection to authors/creators to authors/creators of original worksof original works

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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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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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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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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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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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U.S. Constitution - 1787U.S. Constitution - 1787Article I, Section 8Article I, Section 8

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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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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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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 Act of 1909Copyright Act of 1909

extended copyright extended copyright duration to 28 years duration to 28 years

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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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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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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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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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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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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 protection systemsCopyright protection systems

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Copyright protection systemsCopyright protection systems

Link to page within web siteLink to page within web sitenot allowednot allowed

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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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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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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

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Legal use of material Legal use of material for education?for education?

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Ask for permission from Ask for permission from copyright holdercopyright holder

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Fair UseFair Use

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Fair UseFair Use

TEACH ActTEACH Act

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Provide links to sites Provide links to sites with rights to materialwith rights to material

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Provide links to sites Provide links to sites with rights to materialwith rights to material

All materials All materials must contain citationsmust contain citations

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Fair Use –Fair Use –

exemption for limited use exemption for limited use of work without of work without

permissionpermission

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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

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GuidelinesGuidelines

Purpose of usePurpose of use

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Nature of workNature of work

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How much usedHow much used

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How much usedHow much used

Effect on the marketEffect on the market

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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

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Examples:Examples:

articles, essays, or stories less than 2500 words

excerpts from longer work 10% or 1000 words, whichever is less

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Examples:Examples:

video - - three minutes or 10%, whichever is less may be used by teachers or students as part of a multimedia program

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Examples:Examples:

audio - - 30 seconds or 10% of music may be used by teachers or students as part of a multimedia program

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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.

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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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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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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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Using Copyright Protected Materials For Education Assignment 10: Major Project by Dave Winogron EDD 8434 – 25594 – OL3 School Law – Dr. Robert J. Safransky