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1
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- TRUE OR FALSE??
- Everything on the Net is public domain.
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2
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- almost everything created privately and originally after April 1, 1989
is copyrighted and protected whether it has a notice or not
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3
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- “If I don't charge for it, it's not a violation."
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4
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- Whether you charge can affect the damages awarded in court, but that's
main difference under the law.
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5
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- If it's posted to the Internet, it's in the public domain.
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6
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- Nothing modern is in the public domain anymore unless the owner
explicitly puts it in the public domain
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7
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- Yes, the Internet is another form of publishing or disseminating
information; therefore, copyright applies to Web sites, e-mail messages,
Web-based music, etc.
- Copyrighted works found on the Internet should be treated the same as
copyrighted works found in other media.
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8
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- Public domain refers to works that are not protected by copyright and
are publicly available.
- They may be used by anyone, anywhere, anytime without permission,
license or royalty payment.
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9
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- The "fair use" exemption to (U.S.) copyright law was created
to allow things such as commentary, parody, news reporting, research and
education about copyrighted works without the permission of the author.
- Fair use is usually a short excerpt and almost always attributed.
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10
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- Yes, fair use applies to materials and use of works found or placed on
the Internet.
- The same factors will be considered as for fair use in print.
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11
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- Unless there is a clear statement that art, photos and text are
"public domain" and available for free use, the best policy is
to assume that they are copyrighted and should not be taken and used for
re-publication on a local area network, a wide area network or a Web
site.
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12
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- Student work is intellectual property and deserves protection against
piracy as much as adult work. Many school districts have taken to
posting copyright notices on the bottom of all such pages.
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13
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- Copyright requires an original work of authorship to be fixed in a
tangible medium of expression from which it can be perceived either
directly or with the aid of a machine or device.
- Copyright protects the form of expression only and does not extend to
the idea or concept underlying the work.
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14
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- Categories of copyrightable works under Title 17 USC § 201 include:
literary works such as educational materials and computer programs;
musical works, including any accompanying words; dramatic works,
including any accompanying music; pictorial, graphic and sculptural
works; motion pictures and other audiovisual works; sound recordings;
and architectural works.
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15
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- Under current Copyright Law, the copyright term for works created by
individuals on or after January 1, 1978, is the life of the author plus
70 years.
- For "works made for hire," the copyright term is 95 years from
the date of first publication or 120 years from the date of its
creation, whichever is earliest.
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16
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- Facts cannot be copyrighted.
- The creative selection, coordination and arrangement of information and
materials forming a database or compilation may be protected by
copyright.
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17
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- As in the print environment, it is not necessary for an author to
include a copyright statement on the material in order for the work to
maintain its copyright protection.
- You may find notices on the home page or on special terms and condition
pages that provide for specific uses.
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18
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- No. In April, 2000, Federal Judge Harry L. Hupp in his ruling on deep
linking in Ticketmaster vs. Tickets.com (2000) states that,
"...hyperlinking does not itself involve a violation of the
Copyright Act (whatever it may do for other claims) since no copying is
involved." Many organizations encourage links by posting terms and
conditions and how-to instructions on their websites, usually under the
headings of Copyright, Legal Notices, or About Us. For examples, see the
Washington Post43and the New York Times44. However, be aware of
"other claims" and court rulings which prohibit framing,
misuse of trademarks, bypassing advertising, etc.
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19
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- Copyright law was recently amended by the Digital Millennium Copyright
Act which changed net copyright in many ways.
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20
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- The Skin Head
- A student known as a skinhead published a home page on the school web
site which contains links to racist and anti-semitic sites. You are the
dept head, what action do you take?
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21
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- Exposure - What is the liability of a school?
- "Ignorance of the law," as the saying goes, "is no
defense." Each school needs to create procedures which blend Web
publishing into the wider group of district publications. This article
attempted to outline a number of risks which might arise in conjunction
with global publishing. In many schools these risks may never develop
into full blown controversies, but failure to establish clear guidelines
is a dangerous course. The wisest approach is preventive.
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22
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- Landscape Pictures
- Students use landscape pictures from a CD of clip art which has been
purchased by the department to create a virtual museum which will be
available on the department’s web site. Is that legal?
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23
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- Many schools have purchased clip art collections to use with their
students. How this art may be used is defined by the licensing agreement
which accompanied the product upon arrival. In most cases, the agreement
is printed on some kind of seal which is broken upon opening. In order
to determine whether or not you are permitted to publish these images on
your Web site, you must see how they describe publishing in general. In
most cases there will not be specific language outlining your Web
rights.
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24
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- Surfing Photographs
- A student finds some great surfing shots at a resort page and downloads
them to incorporate into a multimedia presentation she is developing for
her English class. Is this legal under the "Fair Use"
provisions of the copyright law?
Impressed by the report, the teacher nominates the production for
publishing on the high school's web site. May the surfing pictures be
incorporated? Under what conditions?
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25
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- In general terms, teachers are allowed to make "fair use" of
materials for instructional purposes.
- In general terms, students might make rather liberal use of information,
text and graphics so long as their resulting works remain within the
classroom setting.
- We must distinguish between "practice" publishing and
"real" publishing
- As a general rule, neither teachers nor students may safely make use of
other's materials (graphics, text, etc.) when they publish on the Web
unless they have requested and received formal permission to do so.
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