End Copyright Confusion! Fair Use & Citation Guidelines Certain materials are included under the fair use exemption of the U. S. Copyright Law and have been prepared according to the fair use multimedia guidelines and are restricted from further use Lynn Zottnick Instructional Technology Lakeview Academy July 2009
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End Copyright Confusion!Fair Use & Citation Guidelines
Certain materials are included under the fair use exemption of the U. S. Copyright Law and have been
prepared according to the fair use multimedia guidelines and are restricted from further use
Lynn ZottnickInstructional Technology
Lakeview Academy
July 2009
-Jack Valenti, 2002
“If you cannot protect what you own, you don’t own anything.”
“New networked technologies enable users to participate in the consumption, distribution, and creation of content in ways that are revolutionary…young people are now confronting copyright law on a regular basis.
-Harvard University 2009
The Challenge
Students do not understand… …..
Teachers do not understand …
Technology is making it…
copyright law (or value it) and its impact on the creative work of an individual.
the concept of “educational fair use.”
easier and easier to duplicate copyrighted work.
The Challenge
Typical Student Comments…
•No one is going to take the time to track me down.•They make so much money, they’ll never miss it.
“We have all seen the effects illegal downloading has had on Music Row – too many record stores have been shuttered and too many songwriters are out of the business.”
- Tennessee Gov. Phil Bredesen November 2008
The Truth
The Recording Industry Association of America (RIAA) is
“RIAA sent new wave of 401 pre-lawsuit letters to 12 universities this week.”
RIAA Newsroom, February 21. 2008
“The First-Ever Campus Downloading Bill Passed”
RIAA Newsroom, November 2008
Worldwide piracy of intellectual property is a problem – congress is calling for
meaningful reforms in the global area.
RIAA Newsrooom May 2009
Confusion!
-George M. Bodner, Ph.D. ScienceDaily (Mar. 22, 2009)
“Confusion about what constitutes plagiarism — not malicious intent — is the leading cause of plagiarism at the graduate school level… the increasingly worrisome problem…”
s
Universities are concerned about the next "Google generation" of students, who might have cut and pasted all their … essays and then see nothing wrong in carrying on with this approach in higher education….”
- Conference to tackle university plagiarism problemOctober 17, 2006
The Truth
"Internet plagiarism is probably by far the most common form of cheating or
academic dishonesty"
Didi Kuo, Emory University graduate, University's Honor Council Chairman
National Crosstalk Winter 2006s
Plagiarism has become an epidemic.
The History
The History Copyright Law: A Brief History…
1709 – Statute of Anne, Queen Anne of England
The History
1790 - First US Copyright Law, signed by George Washington
The History
•1976 - “Fair Use” statute added to the US s Copyright Law
• Intellectual property protection for original works are automatically protected by copyright law.
•Protection begins at the moment they are “fixed in a tangible medium.”
•Rights include: reproduction, modification, distribution, display, and performance.
The Law Copyright Law: How Long Does it Last?
•Created after 1923 but before1978 95 years from the date of publication.
•Created on or after January 1,1978 The life of the author plus 70 years (Sonny Bono Copyright Term Extension Act)
•Created Prior 1923 Public Domain – Can be used without permission
“Copyright law’s perennial dilemma is to determine where exclusive rights should end and unrestrained public access should begin.”
-Neil Weinstock Netanel“Copyright and a Democratic Civil Society”
Yale Law Journal 1996
The Law Copyright Law: Educational Fair Use
The right to use copyrighted materials freely without payment or permission for purposes such as “criticism, comment, news reporting, teaching, scholarship, and research.”
Section 107Copyright Act of 1976
The Law Copyright Law: Educational Fair Use
A single copy can be made of any of the following….
•A chapter from a book
•An article from a periodical or newspaper
•A short story, short essay, or short poem whether or not it is from a collective work
•A graph, chart, diagram, picture or cartoon from a book, periodical or newspaper
The Law Copyright Law: Educational Fair Use
•The copy must meet these requirements…
Test of brevity of the material, the spontaneity, and the cumulative effect of the creation
All copies must include a notice of copyright
NOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW.
Title 17 U.S>.Code
The Law Copyright Law: Educational Fair Use
• Is the purpose instructional•Was the material acquired legally?•What is the effect of the amount or portion used?• Is the material given proper credit or attribution?•Was the material copied as a substitute for a
As a general rule, if you are using a small portion of somebody else's work in a non-competitive way and the purpose for your use is to benefit the public, you're on pretty safe ground.
- Mimi CalterStanford University Libraries
Fair Use: Transformative Use“When the user of copyrighted material add value to or repurposes materials for a use different from that which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in a new context.”
CreditsPalfrey, John, Urs Gasser, Miriam Simun, and Rosalie Fay Barnes. "Youth, Creativitiy, and Copyright in the Digital AGe." International Journal of Learning and Media Volumn 1.Number 2 (2009): 79 - 97.
Roemer, Ryan, “A Copyright Law Primer.” October 16, 2006. July 12, 2007.<transcriptions.files.wordpress.com/2006/10/ucsb-ip-lecture1.ppt >
Bangeman, Eric. "RIAA launches propaganda, lawsuit offensive against college students." Ars Technica. 1 Mar 2007. 12 Jul 2007 <http://arstechnica.com/news.ars/post/20070301-8953.html>.
"Statute of Anne - Wikipedia, the free encyclopedia." Main Page - Wikipedia, the free encyclopedia. 17 May 2007. 12 Jul 2007 <http://en.wikipedia.org/wiki/Statute_of_Anne>.
"THE FIRST US COPYRIGHT LAW - Archiving Early America." Archiving Early America: Primary Source Material from 18th Century America. 1 Jan 1996. 12 Jul 2007 <http://www.earlyamerica.com/earlyamerica/firsts/copyright/>.
Author, An. "Definitions of Library and Information Terminology." cgcc home. 18 May 0006. 12 Jul 2007 <http://www.cgcc.cc.or.us/Library/lib-instruction/define-terms.htm>.
"Copyright in Classrooms: University of Illinois." University of Illinois at Chicago (UIC). 15 Dec 2006. 12 Jul 2007 <http://www.uic.edu/depts/lib/copyright/classroom.shtml>.
Joseph, Linda. "Copyright with Cyberbee." CyberBee. 7 Nov 2004. 12 Jul 2007 <http://www.cyberbee.com/copyrt.html>.
Parness, Adam. "Welcome To The FACE Kids Site." Welcome To The FACE Kids Site. 1 Jan 2001. 12 Jul 2007 <http://www.copyrightkids.org/>.
"techLEARNING.com | Technology & Learning - The Resource for Education Technology Leaders." techLEARNING.com | Technology & Learning - The Resource for Education Technology Leaders. 15 Oct 2002. 12 Jul 2007 <http://www.techlearning.com/db_area/archives/TL/2002/10/copyright_quiz.php>.
Credits, continued…
"Assessing Student Learning - five practical guides." Centre for the Study of Higher Education (CSHE). 1 Jan 2002. 12 Jul 2007
<http://www.cshe.unimelb.edu.au/assessinglearning/03/plagMain.html>.Collins, Terry. "teaching with writing - strategies for preventing plagiarism - preventing plagiarism - center for writing." center for writing. 2 Jan 2007. 12 Jul 2007 <http://writing.umn.edu/tww/plagiarism/strategies.html>.
"Instruction - Faculty - Plagiarism - Preventing." University of Texas Libraries. 29 Jun 2005. 12 Jul 2007 <http://www.lib.utexas.edu/services/instruction/faculty/plagiarism/preventing.html>.
"Plagiarism - DGN Library." District 99. 12 Jul 2007 <http://www.csd99.k12.il.us/north/library/plagiarism.htm>.
"The Bedford/St. Martin's Workshop on Plagiarism." Using Portfolios to Avoid Plagiarism. 23 Nov 2005. 12 Jul 2007 <http://bcs.bedfordstmartins.com/plagiarism/default.asp?s=&n=&i=&v=&o=&ns=0&uid=0&rau=0>.
Bibme <http://www.bibme.org>
Warlick, David. "Son of Citation Machine." Son of Citation Machine. 29 Oct 2000. 11 Jul 2007 <http://citationmachine.net/>.
Credits, continued…
Broache, Anne. "RIAA Threatens 19 Universities with Lawsuits." Technology news - CNET News.com. 18 Oct 2007. 1 Nov 2007 <http://www.news.com>.
Duckworth, Cary, Liz Kennedy, and Jonathan Lamy. "Newsroom." RIAA. 18 Oct 2007. 1 Nov 2007 <http://www.riaa.com>.
Templeton, Brad. "10 Big Myths about copyright explained." Brad Templeton's Home Page. 1 Jan. 2004. 20 July 2008 <http://www.templetons.com/brad/copymyths.html>.
"Plagiarism Quotes." Famous Quotes and Quotations at BrainyQuote. 1 Jan. 2008. 20 July 2008 <http://www.brainyquote.com/quotes/keywords/plagiarism.html>.
Credits, continued…
•Ball State University. "Ball State University - Home." Ball State University - Home. 1 Jan. 2009. 22 July 2009 <http://www.bsu.edu>. "Conference to tackle university plagiarism problem | Education | Education Guardian ." Latest news, comment and reviews from the Guardian | guardian.co.uk . 17 Oct. 2006. 22 July 2009 <http://www.guardian.co.uk/education/2006/oct/17/highereducation.uk1>.
Maryland State Archives. "Annapolis Collection - Anne, Queen of England." Maryland State Archives. 1 Jan. 2002. 22 July 2009 <http://www.msa.md.gov/msa/speccol/sc1500/sc1545/e_catalog_2002/anne.html> Media Education Lab. " Code of Best Practices for Fair Use in Media Literacy Education | Media Education Lab." Welcome | Media Education Lab. 22 July 2009 <http://www.mediaeducationlab.org/code-best-practices-fair-use-media-literacy-education>.
Science Daily. "Confusion, Not Cheating, Major Factor In Plagiarism Among Some Students." Science Daily: News & Articles in Science, Health, Environment & Technology. 22 Mar. 2009. 22 July 2009 <http://www.sciencedaily.com/releases/2009/03/090322154413.htm>.
IMDB.com. "Jack Valenti - Biography." The Internet Movie Database (IMDb). 22 July 2009 <http://www.imdb.com/name/nm0884122/bio>. Kahn, Joel. "Frankentoon Home Page." Yahoo! GeoCities: Get a web site with easy-to-use site building tools.. 1 July 2003. 22 July 2009 <http://www.geocities.com/frankentoons>.
George Washington Presented Medal For Helping To Liberate Boston In 1776; He Was Just Getting Started… « THE B.S. REPORT." THE B.S. REPORT. 1 Mar. 2009. 22 July 2009 <http://thebsreport.wordpress.com/2009/03/24/george-washington-presented-medal-for-helping-to-liberate-boston-in-1776-he-was-just-getting-started>.