Transcript
To OurTo Our
PresentationPresentation
Intellectual Intellectual Property/Copyright/Ethics:Property/Copyright/Ethics:
Implication to teachers and studentsImplication to teachers and students(SGDT5063: Technology Planning & (SGDT5063: Technology Planning &
Management in Education)Management in Education)
Prepared for:PM Dr. Ahmed Jelani Shaari
Prepared by:Abdullah Al-Mahmood (805016)Md. Shamsul Islam (805028)Md. Abdur Rashid (805026)
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Intellectual PropertyIntellectual Property
• Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
Source: http://www.wipo.int/about-ip/en/index.html
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Categories of Intellectual PropertyCategories of Intellectual Property
• Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source
• Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, dance, artistic works such as drawings, paintings, photographs , sculptures, and architectural designs
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Cont…Cont…
• Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.
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What is “copyright”?What is “copyright”?
Copyright is a legal term describing rights given to creators for their literary and artistic works.
Source: http://www.wipo.int/about-ip/en/index.html
Cont…Cont…
• “The statutory privilege extended to creators of works that are fixed in a tangible medium of expression.”
(Bruwelheide, 1995)
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Importance of copyrightImportance of copyright
• Respect intellectual rights of creators of information• Reward creativity of authors, artists, musicians, etc.• Legal mandate• Model proper behavior for students, teachers, and
other members of educational community
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What is covered by copyright?What is covered by copyright?
• literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases;
• films, musical compositions, and choreography; • artistic works such as paintings, drawings,
photographs and sculpture; architecture;• and advertisements, maps and technical drawings.
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What is not covered by copyright?What is not covered by copyright?
• ideas• facts• recipes• blank forms• stock literary devices• works lacking originality (e.g. the phone book)• names, titles or short phrases• works from the federal government
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Limitations on CopyrightLimitations on Copyright
Library and classroom exemptions
Fair use
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Duration of CopyrightDuration of Copyright
Copyright in a literary work, lasts for the-
Author’s lifetime plus 50 years from the end of The calendar year in which the author dies 50 years for films and sound recordings 25 years for typographical arrangements of a
published edition
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Cont…Cont…
Moral rights last for as long as Copyright and can not be assigned
An author may waive his/her moral rights by signing an agreement to that effect
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EthicsEthics
Ethics is a branch of philosophy which seeks to address question about morality, that is about concepts like good and bad, right and wrong, justice, virtue, etc.
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WIPOWIPO
The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations.
It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest
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About WIPOAbout WIPO
WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations
Its headquarters are in Geneva, Switzerland The Director General is Francis Gurry
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Strategic Goals of WIPOStrategic Goals of WIPO
Balanced Evolution of the International Normative Framework for IP
Provision of Premier Global IP Services Facilitating the Use of IP for Development Coordination and Development of Global IP
Infrastructure World Reference Source for IP Information and
Analysis
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Cont...Cont...
International Cooperation on Building Respect for IP Addressing IP in Relation to Global Policy Issues A Responsive Communications Interface between
WIPO, its Member States and All Stakeholders An Efficient Administrative and Financial Support
Structure to Enable WIPO to Deliver its Programs
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World Intellectual Property Day - April 26World Intellectual Property Day - April 26
On World Intellectual Property Day this year, WIPO's focus is on promoting green innovation as the key to a secure future.
2009 WORLD IP DAY
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Collection of Laws for Electronic Collection of Laws for Electronic Access(CLEA)Access(CLEA)
CLEA database provide access to intellectual property legislation from wide range of countries and regions as well as to treaties on intellectual property.
Acts of USA Malaysia Bangladesh
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Infringement PenaltiesInfringement Penalties
• $250 - $10,000 per infringement for standard violations
• Up to $250,000 per infringement for serious violations
• Software infringement - now a felony• Employees can lose their jobs.• Teachers can lose their teaching certificate!
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Who is liable?Who is liable?
• Classroom Teachers• Library Media Specialists• Principals• Curriculum Coordinators• Superintendents• Boards of Education
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Indirect LiabilityIndirect Liability
• Contributory (Library Media Specialists)• Checked out equipment• Checked out resources• Vicarious (Library Media Specialists,
Administrators, Others)• Knew of infringement but did not report it
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“…“…but I didn’t know!”but I didn’t know!”
• Called “Innocent Infringement”• Occurs when infringer was unaware that
material was copyrighted• No excuse if work properly displays copyright
© notice• Since 1976 all works considered copyright
protected
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What is “Fair Use”?What is “Fair Use”?
• Gives certain users conditional permission to use copyrighted materials if certain criteria are met
• Protects freedom of speech• Promotes public benefits like education• Applies to all types of media
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Educational Exemption, but…Educational Exemption, but…
• Not free license to copy anything you want• Cannot copy in place of purchasing• Cannot copy in anticipation of purchasing• Cannot copy in anticipation of a request• Allows for spontaneity of use
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Copyright Act: Section 107Copyright Act: Section 107
• “ … 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 …”
Fair Use Provision 107 & 108 of U.S. Copyright Act
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4 Key Factors of Fair Use4 Key Factors of Fair Use
• Purpose and character of the use• Nature of the copyrighted work• Amount and substantiality of the portion used
in relation to the copyrighted work as a whole• Effect of the use upon the potential market for
or value of the copyrighted work
Factor 1: PurposeFactor 1: Purpose
• Key Issue: How are you using the work?– Remember that “non-
profit education purposes” is the critical language
– Evaluate the work’s purpose in your lesson plans
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Factor 2: NatureFactor 2: Nature• Key Issue: Some works are
deemed more “copyright worthy” than others– Using factual works is often more
permissible than using fictional works
– Using published works is often more permissible than using unpublished works
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Factor 3: AmountFactor 3: Amount
• Key Issue: Is the amount & portion of the work used reasonable in relation to the purpose of theuse, i.e. “no more taken thanwas necessary”– Evaluate the percentage of
work used– Evaluate the critical or key
portions of the work
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Factor 4: EffectFactor 4: Effect• Key issue: Will your use of the
work be financially beneficial to you OR prevent the creator from financially benefiting?– Evaluate if your use harm’s the
creator current or potential profits
– Evaluate if you will profit financially from using the creator’s work
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Beware the “Fair Use Excuse”Beware the “Fair Use Excuse”
• Never assume that your use falls under the fair-use exception!
• “Saving money” is not a sufficient excuse
• Laziness can be a trap!
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Get it in writing!Get it in writing!
• Still unsure? Just ask for help from a knowledgeable source
• When you need permission from the creator, request it!
• Faxed or mailed permission is best• Always ask permission before you use the
work
There’s always an exceptionThere’s always an exception• “Work for hire”
does not belong to the creator
• An employer may own your intellectual property – possibly even work you do on your own time
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Specifics on Fair UseSpecifics on Fair Use
So what exactly can teacher do?So what exactly can teacher do?
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Print ResourcesPrint Resources
• For research, teaching, or lesson preparation a teacher may copy...– One chapter from a book– One article from periodical or newspaper– Short story, short essay, short poem– Chart, graph, diagram, drawing, cartoon, or
picture from book, periodical, or newspaper
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Print Resources (Cont.)Print Resources (Cont.)
• A teacher may not...– Copy “to create or to replace or to substitute for
anthologies, compilations, or collective works.”– Copy from consumable products– Copy to substitute for purchasing resources– Copy at direction of superior, i.e. principal– Copy same item each semester
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Print Resources (Cont.)Print Resources (Cont.)
• A teacher may make multiple copies for classroom use if...– only one copy of each item per student is made
(classroom set)– each item copied is for classroom discussion– each copy includes a notice of copyright– each item meets the three tests for copying...
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Internet MaterialsInternet Materials
• Unless specifically stated, everything is copyright protected
• Fair Use guidelines apply• May not take material from one site and re-post it to
another Internet site• May post on a protected school/district intranet• May include links to other sites under “implied public
access”
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Multimedia ProjectsMultimedia Projects
• Moving Images: Video, Laserdisc, DVD• Still Images: Graphics, Scanned images,
Photos, Pictures• Music: Tapes, CDs, • Computer Software: CD-ROM• Internet
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Multimedia Projects (Cont.)Multimedia Projects (Cont.)
• Student may:– Use copyrighted works in multimedia projects– Perform and display multimedia projects for
academic assignments– Include their multimedia projects in electronic
portfolios for assessment purposes
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Multimedia Projects (Cont.)Multimedia Projects (Cont.)
• Best practice:– Invest in copyright free images, music & video
clips created especially for multimedia projects– Use royalty-free images, music & video clips
available on Web
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How much can I use?How much can I use?
• Motion images - up to 10% or 3 minutes - whichever is less
• Text - up to 10% or 1000 words - whichever is less
• Music - up to 10% or 30 seconds, whichever is less
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How much can I use?How much can I use?
• Photos and images - up to 5 works from one author; up to 10% or 15 works, whichever is less, from a collection
• Database information - up to 10% or 2500 fields or cell entries, whichever is less
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Resources:Resources: Bruwelheide, J. H. (1995). The Copyright Primer for Librarians
and Educators. New York: American Library Association. Bielefield, A. & Cheeseman, L. (1999). Technology and
Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. New York: Neal-Schuman Publishers
Simpson, C. M. (1994). Copyright for School Libraries: A Practical Guide. CA: Linworth Publishing.
ppt. slides of Dr. Abdul Malek Abdul Karim about “copyright & wrong”.
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Resources:Resources: http://www.wipo.int/about-ip/en/index.html http://en.wikipedia.org/wiki/Ethics Intellectual Property in the 21st Century - The Japanese Experience in Wealth Creation Intellectual Property and Small and Medium-Sized Enterprises Electronic Commerce Programs and Activities Internet Domain Name Disputes: Questions and Answers Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
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