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Hilary Whitaker & Dave Bradley EDTC524 Copyright Awareness Presentation 1 Slide 2 RELEVANT TERMINOLOGY TO BEGIN WITH, WHAT IS IT? According to Wikipedia, "Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. Generally, it is the "right to copy, but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights (Copyright, n.d.). To qualify for legal copyright protection works must be (1) original, (2)exist in a tangible form for at least some period of time, and (3) show some creative effort by the creator. Copyright law does not protect facts (Nolo, 2007). The Copyright, Whats Copyright? by MediaEdLab (2009) music video gives a fun quick overview.Copyright, Whats Copyright? 2 Slide 3 RELEVANT TERMINOLOGY TO BEGIN, WHAT IS IT? Copyright legislation falls under the larger umbrella of intellectual property rights which refers to the protection of anything created by the human mind. Copyright is similar to patents and trademarks but is given its own category. (World Intellectual Property Organization, n.d.) Links for definitions of Copyright Terminology : Digital Copyright Canadas Digital Copyright Terminology page created by Christ Brand (n.d.) is Canadian, but most of the definitions are applicable anywhere.Digital Copyright Terminology page The University of Alberta Libraries (2011) provides terminology regarding online copyrights on its plagiarism site.plagiarism site The Copyright Alliance Education Foundation (2009) provides great copyright educational resources including a glossary.Copyright Alliance Education Foundation glossary (Note: They focus heavily on digital copyright.) 3 Slide 4 NOTABLE EXAMPLES AND USES According to Nolo (2007), examples of copyrighted materials include but are not limited to: Poetry Written and/or recorded music Videos Books Software code Choreography Sculptures Painting Plays Architectural designs Given its applications, copyright protection is often used by: Artists (various mediums) Writers Musicians Photographers Software programmers Choreographers Architects Playwrights Television, radio, and movie industries Video game designers Even teachers! 4 Slide 5 HISTORICAL ASSOCIATIONS: EUROPE THE WHEN, WHERE, AND WHY For most of Europe the origins of copyright law are rooted in the control efforts of both the government and church. Before the invention of printing they had a system of control and censorship over scribes. With the invention of the printing press they sought to maintain this control so they could oversee what was being printed and distributed. In England, the worlds first significant copyright law known as the Statute of Anne was enacted in 1710. It gave publishers of a new book 14 years of legal protection and 21 years of protection for books already in print. Its goal was to protect important literature so as to promote education (History of Copyright Law, n.d.). 5 Slide 6 HISTORICAL ASSOCIATIONS: U. S. THE WHEN, WHERE, AND WHY In 1787 the Copyright Clause was added to the U.S. Constitution. It empowers the U.S. Congress to 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 discoveriesU.S. Constitution (U.S. Const. art. I, s. 8, c. 8). Though each state previously set its own laws, the first U.S. federal copyright law was the Copyright Act of 1790. Protection was given on 14 year terms and could be renewed one time if the author survived. It is identical to the Statute of Anne except that it covers maps and charts in addition to books (History of Copyright Law, n. d.). 6 Slide 7 HISTORICAL ASSOCIATIONS: INTERNATIONAL THE WHEN, WHERE, AND WHY The Berne Convention (most recently held in 1971) has been an attempt to internationally protect creative works and set basic minimum legal standards for protection of literary, scientific and artistic works. A core focus is for member states to give individuals of other member countries the same rights it would give its own citizens. The U.S. does not have an agreement with all countries (Berne Convention, n.d.).Berne Convention 7 Slide 8 CURRENT LEGISLATION The Copyright Act of 1976 set the oulined the general laws you are familiar with today (United States Copyright Office, 2011) The Sonny Bono Extension Act of 1998 extended the duration of copyrights from what was previously set in the Copyright Act of 1976. General copyrights were extended by 20 years (Keyt, 2007). Current Guidelines from the United States Copyright Office (2011): Works published after 1977 are copyrighted for the life of the author plus 70 years. Works published before 1923 are in the public domain. Works published between 1923 and 1977 are protected for 95 years starting with the date of publication 8 Slide 9 CURRENT LEGISLATION The Digital Millennium Copyright Act (DMCA) of 1998 addressed changes in technology by tightening copyright law for digital media, creating strict restrictions and addressing a larger international treaty agreement. Deamon Cohn (2009) created a video that explains this law in detail to the common individual.video A quick legal explanation is provided by LawInfo (2010) in their Digital Millennium Copyright Act Video. Digital Millennium Copyright Act Video. Consult the chart created by Peter B. Hirtle (2007) for a more in-depthchart survey of copyright laws in plain English. 9 Slide 10 NOTABLE CASES Walt Disney Productions v. Air Pirates Dan ONeal, and comrades, picked a fight with Disney by using Disney characters in an adult counter -culture comic strip. The drawn out trial ended with ONeal not being able to use Disney characters for public display (Levin, 2004). Campbell v. Acuff-Rose Music, Inc. Music group 2 Live Crew created a parody of Roy Orbisons song Pretty Woman without permission. In 1994 the Supreme Court ruled a parody qualifies as fair use so regular copyright rules do not apply (Campbell v. Acuff-Rose Music, Inc., 1994). 10 Slide 11 NOTABLE CASES Eldred v. Ashcroft Alleged the retroactive extension of copyright terms through the Sonny Bono Extension Act of 1998 violated the Copyright Clause or the First Amendment of the U.S. Constitution. Supreme Court denied the appeal and upheld the Extension Act on January 15, 2003 (Eldred v. Ashrcoft, 2003). 11 Slide 12 IMPLICATIONS Provision must be made when using copyrighted materials. The Copyright Basics video by the Copyright Clearance Center (2010) gives a quick overview of how to use copyrighted materials.Copyright Basics Teachers need to make sure they cite the sources for materials. They also need to be sure to follow the correct guidelines when using copyrighted materials in their classroom. A Teachers Guide to Fair Use and Copyright gives educators a crash course in copyright law (Newsome, 2000).A Teachers Guide to Fair Use and Copyright YouTube is an often misunderstood media in regards to copyright. YouTube (2011) itself gives a quick overview of how copyright applies to its resources in the YouTube Copyright School video.YouTube Copyright School Purdues OWL website offers a brief survey of Fair Use, or in other words, implications and guides to the proper use of copyrighted material in the classroom which becomes an issue if copyright laws exist (Ferullo, D., Angeli, E., & Tirrell, J., 2011).Fair Use 12 Slide 13 IMPLICATIONS As teachers are asked to give more and more specific examples of their creative contributions, copyright laws provide a way to ensure your ideas stay your own. Teachers who create original materials and lesson plans can copyright their creations. There is no specification on creativity (Nolo, 2007). The How to Copyright Your Work: How to Register for a Copyright video tutorial by Nathan Boehme (2008) gives information on how to do this.How to Copyright Your Work: How to Register for a Copyright Copyright laws allow corporations like Disney and Lucas Films to maintain the rights to their stories and characters beyond the current generation and continue to profit from their creations. Copyright: Forever Less One Day is an entertaining video that addresses this result of the law (Grey, 2011).Copyright: Forever Less One Day 13 Slide 14 ADVANTAGES VS. DISADVANTAGES A MATTER OF PERSPECTIVE? Advantages: Registration gives you a public record of a works creation. It protects your legal rights as the creator and sole owner of original material. Meaning, you may sue for infringement (Masters, n.d.) If you do not register you do not have much in the way of legal actions that can be taken against the party infringing upon your work (Bellis, 2012). Current laws include international treaty agreements so you can protect your work internationally (Law Info, 2010). Disadvantages: It takes time and money. It stifles creativity (Masters, n.d.). Larry Lessig, a Harvard professor of law, who currently serves on the Board of Directors for Creative Commons, provides convincing arguments in his 2007 presentation (TED, 2007).2007 presentation It makes material usage and restrictions confusing. 14 Slide 15 MYTHS Did you know that even if you arent copying something for profit you may still be in violation of copyright laws? The Copyright Site (n.d.) clarifies myths and misconceptions you may have about copyrighted materials. myths That picture you just downloaded? It doesnt have a watermark so its public domain right? WRONG! Brad Templeton (2008) provides a list of the most common copyright myths.copyright myths. Think that in order to benefit from the protection copyrighting affords that you have to register your work? Think again. Attorney Daniel Steven (2003) wrote an article called Top Ten Myths about Copyright that also offers some answers to new myths.Top Ten Myths about Copyright The Poor Mans Copyright is not a substitution for registering (United States Copyright Office, 2006). 15 Slide 16 COPYRIGHT IN INDIANA & ILLINOIS Copyright protection is not set by each state, but rather by federal law. The Indiana Department of Education addresses copyright with the following general statement. Use of copyrighted materials is generally permissible in face-to-face educational settings because the U.S. copyright law specifies exemptions and limitations to the exclusive rights the copyrights provide to the author or owner of the copyrighted works (Wild, 2006). In the Students Guide to Copyright, the University of Illinois offers the following specifics, copyright law allows for the reproduction of copyrighted materials for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research (Office of Technology Management, 2008). Illinois Administrative Code technology standards expect teachers to adhere to copyright laws and guidelines in the access and use of information from various technologies (Illinois Administrative Code, 2010). 16 Slide 17 SURPRISES IN RESEARCH Dave: The extent to which the internet has influenced copyright laws. Showing movies in the classroom may be in violation of copyright laws. It is really easy it is to infringe on someones work if youre not careful. Hilary: The right to copy was an issue even before the creation of the printing press. The Poor Mans Copyright, though spoken of often, is not usually upheld. The church played a role in pushing for copyright laws. Know your stuff? Try a quiz. Some of the answers MIGHT surprise you! Copyright Quiz hosted by California State University, Sacramento (n.d.). Copyright Quiz Copyright Society of the U.S.A (n.d.) created a site called Copyright Kids that has a quiz geared for younger crowd, but that doesnt mean its easy!quiz The University of Maine at Farmington (2007) quiz, with accompanying explanations!quiz 17 Slide 18 RESOURCES FOR CONTINUED RESEARCH Attorney Evan Brown (2011) of Chicago Illinois runs a blog entitled Internet Cases where he discusses current legal technology issues including copyright law. Internet Cases Copyright and Education is a PowerPoint presentation created by Lorraine LeSage (2009) that summarizes the law, Creative Commons and fair use implications for the classroom. Copyright and Education The Copyright Website (n.d.) offers a fun way to explore real world examples of copyright and fair use.Copyright Website Cornell University Law School (n.d.) provides free access to legal materials, a sort of Law School for Dummies. Cornell University Law School Wikipedia has a list of copyright cases law (n.d.) from different countries as well as a chart of key U.S. cases from the past 176 years.list of copyright cases law 18 Slide 19 CREATIVE COMMONS Creative Commons was founded in 2001 by Lawrence Lessig, Hal Abelson, and Eric Eldred with support of the Center for the Public Domain (Wikipedia: Creative Commons, 2011). The organization was formed with the vision of helping others realize the full potential of the internet (Frequently Asked Questions, 2011). According to Creative Commons mission statement they are a group that develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation (Creative Commons, 2011). Creative Commons was created to allow individuals to make their work available to the public for limited kinds of uses while preserving their copyright (Creative Commons, 2011). 19 Slide 20 Bellis, M. (2012). The basics about copyright registration. Retrieved from http://inventors.about.com/od/copyrights/a/copyright_4.htm http://inventors.about.com/od/copyrights/a/copyright_4.htm Berne Convention. (n.d.). Retrieved December 29, 2011 from Wikipedia: http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works Boehme, N. (2008, January 18). How to copyright your work: what is a copyright? [Video file]. Retrieved from http://www.youtube.com/watch?v=es848GfNYCI&feature=youtu.behttp://www.youtube.com/watch?v=es848GfNYCI&feature=youtu.be Brand, C. (n.d.). Digital copyright terminology. Retrieved from http://www.digital-copyright.ca/copyright_jargon.shtml Brown, E. (2011). Internet cases. [Web log]. Retrieved from http://blog.internetcases.com/category/copyright/ http://blog.internetcases.com/category/copyright/ WORKS CITED 20 Slide 21 WORKS CITED Campbell v. Acuff-Rose Music (92-1292), 510 U.S. 569 (1994). Retrieved from http://www.law.cornell.edu/supct/html/92-1292.ZO.html http://www.law.cornell.edu/supct/html/92-1292.ZO.html Cohn, Deamon. (2009, March 23). What is the dmca? [Video files]. Retrieved from http://youtu.be/J86Wl1mc67M Copyright. (n.d.). Retrieved December 30, 2011 from Wikipedia: http://en.wikipedia.org/wiki/Copyrighthttp://en.wikipedia.org/wiki/Copyright Copyright Alliance Educational Foundation. (2009). Glossary. Retrieved from http://www.copyrightfoundation.org/glossary http://www.copyrightfoundation.org/glossary Copyright Clearance Center. (2010, September 24). Copyright basics [Video file]. Retrieved from http://www.youtube.com/watch?v=Uiq42O6rhW4&feature=youtu.be http://www.youtube.com/watch?v=Uiq42O6rhW4&feature=youtu.be Copyright Quiz. (n.d.). [Online assessment]. Retrieved from http://www.csus.edu/indiv/p/peachj/edte230/copyright/quiz.htm http://www.csus.edu/indiv/p/peachj/edte230/copyright/quiz.htm 21 Slide 22 Copyright Society of the U.S.A. (n.d.). The copyright challenge [Online assessment]. Retrieved from http://www.copyrightkids.org/quizframes.htm http://www.copyrightkids.org/quizframes.htm Copyright Website LLC. (n.d). Retrieved from http://www.benedict.com/http://www.benedict.com/ Cornell University School of Law. (n.d.). Legal Information Institute. Retrieved from http://www.law.cornell.edu/ http://www.law.cornell.edu/ Creative Commons. (n.d.). About. Retrieved from http://creativecommons.org/abouthttp://creativecommons.org/about Creative Commons. (n.d.) Retrieved January 1, 2012 from Wikipedia: http://en.wikipedia.org/wiki/Center_for_the_Public_Domain http://en.wikipedia.org/wiki/Center_for_the_Public_Domain Eldred V. Ashcroft (01-618) 537 U.S. 186 (2003). Retrieved from http://www.law.cornell.edu/supct/html/01-618.ZO.html http://www.law.cornell.edu/supct/html/01-618.ZO.html WORKS CITED 22 Slide 23 Ferullo, D., Angeli, E., & Tirrell, J. (2011, February 23). Strategies for fair use. Retrieved from http://owl.english.purdue.edu/owl/resource/731/1/ http://owl.english.purdue.edu/owl/resource/731/1/ Frequently Asked Questions. (2011, December 21). Retrieved January 1, 2012 from the Creative Commons Wiki: http://wiki.creativecommons.org/FAQ#Is_Creative_Commons_against_copyright.3F http://wiki.creativecommons.org/FAQ#Is_Creative_Commons_against_copyright.3F Grey, C. G. P.(2011, August 23). Copyright: forever less one day [Video File]. Retrieved from http://blog.cgpgrey.com/copyright-forever-less-one-day/ Hirtle, P. (2011). Copyright term and public domain in the United States. Retrieved from http://www.copyright.cornell.edu/resources/publicdomain.cfm http://www.copyright.cornell.edu/resources/publicdomain.cfm History of Copyright Law. (n.d.). Retrieved December 31, 2011 from Wikipedia: http://en.wikipedia.org/wiki/History_of_copyright_law http://en.wikipedia.org/wiki/History_of_copyright_law WORKS CITED 23 Slide 24 Illinois Administrative Code. (2010). Section 24.120 technology standards for all Illinois teachers through June 30, 2013 [PDF file]. Retrieved from http://www.isbe.net/rules/archive/pdfs/24ark.pdfhttp://www.isbe.net/rules/archive/pdfs/24ark.pdf Intellectual Property. (n.d.) Retrieved December 30, 2011 from Wikipedia: http://en.wikipedia.org/wiki/Intellectual_property http://en.wikipedia.org/wiki/Intellectual_property Keyt, Richard. (2007). Sonny bono term extension act extends copyright terms. Retrieved from http://www.keytlaw.com/Copyrights/sonybono.htm LawInfo. (2010, January 7). Digital millennium copyright act [Video file]. Retrieved from http://youtu.be/8Og3DCdrKOU http://youtu.be/8Og3DCdrKOU LeSage, Lorraine. (2009). Copyright and education [PowerPoint slides]. Retrieved from http://www.slideshare.net/palmtreefreak/copyright-1742157 WORKS CITED 24 Slide 25 Lessig, Larry. (2007, March). Larry Lessig on laws that choke creativity [Video file]. Retrieved from http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html Levin, Bob. (2004). Disneys ware against the counterculture: why a decades-old copyright case matters now more than ever. Retrieved from http://findarticles.com/p/articles/mi_m1568/is_7_36/ai_n7584299/pg_8/?tag=content;col1 http://findarticles.com/p/articles/mi_m1568/is_7_36/ai_n7584299/pg_8/?tag=content;col1 Library of Congress, Copyright Office. (2006). Copyright. Retrieved from http://www.copyright.gov/help/faq/faq-general.html http://www.copyright.gov/help/faq/faq-general.html Library of Congress, Copyright Office. (2011). Duration of copyright. Circular 15a. [PDF file]. Retrieved from http://www.copyright.gov/circs/circ15a.pdfhttp://www.copyright.gov/circs/circ15a.pdf List of Copyright Case Law. (n.d.). Retrieved January 1, 2012 from Wikipedia: http://en.wikipedia.org/wiki/List_of_copyright_case_law WORKS CITED 25 Slide 26 Masters, T. (n.d). Copyright registration advantages and disadvantages. Retrieved from http://smallbusiness.chron.com/copyright-registration-advantages-disadvantages-12029.html http://smallbusiness.chron.com/copyright-registration-advantages-disadvantages-12029.html MediaEdLab. (2009). Copyright, whats copyright? [Video file]. Retrieved from http://youtu.be/0QiO_H0-ok8 http://youtu.be/0QiO_H0-ok8 Newsome, C. (2000). A teachers guide to fair use and copyright. Retrieved from http://home.earthlink.net/~cnew/research.htm#Teachers%20and%20Fair%20Use http://home.earthlink.net/~cnew/research.htm#Teachers%20and%20Fair%20Use Nolo. (2007). Copyright basics FAQ. Retrieved from http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/0-a.html http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/0-a.html Steven, D. (2003). Top 10 myths about copyright. Retrieved from http://www.publishlawyer.com/top10.htm http://www.publishlawyer.com/top10.htm WORKS CITED 26 Slide 27 Templeton, B. (2008). 10 myths about copyright explained. Retrieved from http://www.templetons.com/brad/copymyths.html http://www.templetons.com/brad/copymyths.html The Copyright Site. (n.d.). Myths about copyright. Retrieved from http://www.thecopyrightsite.org/myths/index.html http://www.thecopyrightsite.org/myths/index.html U.S. Constitution. art. I, s 8, c8. (1787). Retrieved from http://archives.gov/exhibits/charters/constitution_transcript.html http://archives.gov/exhibits/charters/constitution_transcript.html University of Alberta Libraries. (2011). Guide to plagiarism and cyber-plagiarism. Retrieved from http://guides.library.ualberta.ca/content.php?pid=62200&sid=457953 http://guides.library.ualberta.ca/content.php?pid=62200&sid=457953 University of Illinois, Office of Technology Management. (2008). Students guide to copyrights and fair use. Informational Series. Retrieved from http://otm.illinois.edu/sites/all/files/files/students-guide-copyright-revised-final-dec-2008-pr.pdf WORKS CITED 27 Slide 28 University of Maine at Farmington. (2007). Is it copyright infringement?. [Online assessment]. Retrieved from http://plagiarism.umf.maine.edu/copyright/copy_infrin.htmlhttp://plagiarism.umf.maine.edu/copyright/copy_infrin.html Wild. P. (2006, September 26). Copyright regulations. [Web log message]. Message posted to http://www.doe.in.gov/octe/facs/bestbright.html#copyright http://www.doe.in.gov/octe/facs/bestbright.html#copyright World Intellectual Property Organization. (n.d.). Understanding copyright and related rights. (Publication No. 909(E)) [PDF file]. Retrieved from http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.pdf http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.pdf YouTube. (2011, March 24). YouTube copyright school [Video file]. Retrieved from http://youtu.be/InzDjH1-9Ns http://youtu.be/InzDjH1-9Ns WORKS CITED 28