Notes
Slide Show
Outline
1
COPYRIGHT
  • TRUE OR FALSE??
  • Everything on the Net is public domain.
2
Berne copyright states:
  • almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not
3
True or false??
  • “If I don't charge for it, it's not a violation."
4
False
  • Whether you charge can affect the damages awarded in court, but that's main difference under the law.
5
True or false??
  • If it's posted to the Internet, it's in the public domain.
6
False
  • Nothing modern is in the public domain anymore unless the owner explicitly puts it in the public domain
7
Does the Copyright Law apply to materials on the Internet or the Web
  • 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.
8
What is public domain?
  • 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.
9
What is fair use?
  • 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.
10
Does fair use apply to the Internet?
  • 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.
11
Use of Web Art, Photos, Text, etc
  • 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.
12
Publication of student art and writing
  • 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.
13
What works are eligible for copyright protection?
  • 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.
14
More on copyright categories
  • 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.
15
How long does copyright last?
  • 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.
16
Can facts, databases and compilations be copyrighted?
  • Facts cannot be copyrighted.
  • The creative selection, coordination and arrangement of information and materials forming a database or compilation may be protected by copyright.
17
How can I determine what uses can be made of materials found on the Internet?
  • 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.
18
Is it a copyright infringement to link from your website to copyrighted material on another?
  • 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.
19
DMCA
  • Copyright law was recently amended by the Digital Millennium Copyright Act which changed net copyright in many ways.
20
Case discussion#1
  • 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?
21
Case discussion#1
  • 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.


22
Case discussion#2
  • 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?
23
Case discussion#2
  • 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.
24
Case discussion #3
  • 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?
25
Case discussion #3
  • 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.