Presentation created for the Intel Teach to the

Presentation created for the Intel® Teach to the Future program by Judi Edman Yost Institute of Computer Technology © 1999 -2002 Intel. All rights reserved. Slide #

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 March 1, 1989 is copyrighted and protected whether it has a notice or not. © 1999 -2002 Intel. All rights reserved. Slide # 2

How Long Does Copyright Last? • Anything created after January 1, 1978 is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. • For works made for hire (e. g. , copyright held by companies), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter. © 1999 -2002 Intel. All rights reserved. Slide # 3

What is not copyrighted? • Works have not been written or recorded • Ideas, procedures, methods, concepts, principles, discoveries, or devices • Works that are “common property” and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, etc. ) • Logical, comprehensive compilations (such as the telephone book) • Materials or reprints of materials in the public domain (all prior to 1923; most between 1923 -1963) • Most U. S. government materials (some items created by contractors for the government might be copyrighted) • Facts © 1999 -2002 Intel. All rights reserved. Slide # 4

© 1999 -2002 Intel. All rights reserved. Slide # 5

What is “fair use”? Sec. 107 of the Fair Use Provision of the Copyright Act states: “Limitations on exclusive right: Fair use. Notwithstanding the provisions of sections 106 and 106 A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. ” © 1999 -2002 Intel. All rights reserved. Slide # 6

© 1999 -2002 Intel. All rights reserved. Slide # 7

“In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include – the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; – the nature of the copyrighted work; – the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and – the effect of the use upon the potential market for or value of the copyrighted work. ” © 1999 -2002 Intel. All rights reserved. Slide # 8

So it would seem that it’s “fair use” if… • The copying is for educational use; • The original material is mainly facts, lacks originality, and is published; • You use portions to make your point, not whole sections; and • You’re not taking potential sales away from the original © 1999 -2002 Intel. All rights reserved. Slide # 9

To help us know what is Fair Use, a set of guidelines called the “Fair Use Guidelines to Educational Multimedia” were created. © 1999 -2002 Intel. All rights reserved. Slide # 10

Limitations on Size/Portions • 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. © 1999 -2002 Intel. All rights reserved. Slide # 11

Limitations on Size/Portions • 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. © 1999 -2002 Intel. All rights reserved. Slide # 12

Limitations on Size/Portions 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 © 1999 -2002 Intel. All rights reserved. Slide # 13

Limitations on Size/Portions • 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. © 1999 -2002 Intel. All rights reserved. Slide # 14

Limitations on Size/Portions • Numerical Data Sets – Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table. © 1999 -2002 Intel. All rights reserved. Slide # 15

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 Ø e. g. , © 2001 Company/Person’s Name © 1999 -2002 Intel. All rights reserved. Slide # 16

Attribution & Acknowledgement • Crediting the source: – Give a full bibliographic description where available (including author, title, publisher, and place and date of publication). • The credit and copyright notice information may be combined in on a separate page/slide…Except for images: – Copyright notice and the name of the creator must be incorporated into the image so that it appears on the screen when the image is viewed. © 1999 -2002 Intel. All rights reserved. Slide # 17

Future Uses Beyond Fair Use If there is a possibility that a project could result in broader dissemination [for instance, publication on the Internet]: • obtain permissions when you create it, rather than waiting. © 1999 -2002 Intel. All rights reserved. Slide # 18

Click here for Sources © 1999 -2002 Intel. All rights reserved. Slide # 19

This presentation is copyrighted by Intel. However, it may be used, with copyright notices intact, for not-for-profit, educational purposes. © 1999 -2002 Intel. All rights reserved. Slide # 25