Copyright

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Copyright is a **HUGE** issue in our society these days.

People are able to send and receive information from locations all over the world. You can copy an image with a right click of a mouse, you can paste it, email it, or even put it up on your website. It's not that hard! You can put a cd in your computer, copy the music to your computer and then your phone and then your other computer, then you can take that CD to a friends house and copy it to all their locations too. This is stealing! It's breaking copyright laws and it's affecting the bands, software companies, local production companies, your aunts job or even mom and dad's.

Each time you " copy and paste" or put music in another location, you are stealing it. You bought one cd...that cd is intended to be used on a listening device such as a cd player. It's not meant to be copied, and copied and shared all over.

There have been hundreds of cases where people just like you and me have been sued for copying, posting and disseminating copyrighted materials.

What do you need to do to protect yourself from being accused of "stealing" and How do you use someone else's ideas while giving proper credit where it's due to the original work? Here is an example:

I didn't draw this cartoon, I saw it online. I liked it and wanted to use it for you to see on my website. I could have just copy and pasted it and been done. BUT! If Dave Walker was to find his cartoon on my site, he could accuse me of stealing and could file a complaint with the copyright board and I could be sued for misuse. To prevent this from happening, I read Dave's information about his cartoon and found out that if I would like to use it all I have to do is give him credit.

Image by Dave Walker On Dave's site he wrote: "I’m going to be post-modernly ironic and allow free re-use of this particular cartoon on blogs and websites. Please follow these instructions:" 1) Save the image to your own webspace rather than hotlinking it. 2) Please put “Image by [|**Dave Walker**]” underneath it. "Thank you!"

By putting this on his site below his picture he clearly stated that you may use his photo as long as you put "Image by **Dave Walker” underneath it. He would like to share his work, but he would still like to get credit for being the creator so people can recognize his talent.**

It's not always that easy!


 * People are getting better about putting their names and contact information with their pictures, music, and writings online, but it's not a "standard" yet. If you ever authored a book you would NEVER forget to put your name on it. But somehow when the Internet was created people forgot to put their names on their website so that people could contact them and give credit if they thought their "work" was useable.**


 * If you find a picture, piece of music, artwork, text or other item that is NOT YOUR own idea that you would like to use, you must give credit to the author and do it properly. Here's where the guidelines come in.**


 * So what do you do to protect yourself?**
 * How do you "borrow" a song or picture from a website, cd or a friend without breaking copyright?**
 * What is legal and illegal?**


 * These are all questions we will briefly discuss in class and hopefully you will think before you take someone elses "stuff" again.**


 * Let's first talk about how to give proper credit to something you may use for a project, poster, or in your daily work.**


 * Works Cited is sometimes referred to as References page. The terms mean the same thing.**
 * Each is an alphabetical list of works cited, or works to which you have made reference. Works Cited is generally used when citing sources using MLA (Modern Language Association) style, while the title References is used when citing sources using APA (American Psychological Association) style.**


 * We will use MLA Style in Class.**

Works Cited and Bibliography are __NOT__ the same.


 * In Works Cited you only list items you have actually cited. In a Bibliography you list all of the material you have consulted in preparing your essay whether or not you have actually cited the work.**


 * Entries in Works Cited, References, or Bibliography are put in alphabetical order by last names of authors, editors, translators, etc. or by first words of titles.**
 * If the first word of the title is "The", "A", or "An", and the word is being used as an article, e.g., in the title: __The Littles__, the entry is placed under "Little" and the article "The" is ignored. In the title: __A Is for Apple__, however, the entry is placed under A since A is used as a noun and not as an article in this case.**
 * Sometimes the article "The" is used as part of the name of a company or magazine or journal for emphasis, e.g., __The Champ__, or __The Sports Network__. For Internet sites, use the URL as a guide. If "theyellowpages" is used in the URL, treat "The" as part of the title, and list "The Yellow Pages" alphabetically under "The". If "edge" and not "theedge" is used in the URL, list the magazine title "The Edge" under "Edge" and treat "The" as an article and ignore it.**
 * Where appropriate, a cross reference may be used to direct readers to the proper location, e.g. __Yellow Pages, The__ See __The Yellow Pages__.**


 * Remember:**
 * 1. DO NOT number entries.**


 * 2. DO NOT list citations separately by categories. All references are placed in ONE ALPHABETICAL LIST by first words of citations, regardless of where citations come from.**


 * 3. Begin on a new page. Start on the 6th line from the top (or 1" down from the top of the paper), center, and type one of the following titles: Works Cited, References, or Bibliography. Double space after the title. List all entries in alphabetical order by the first word, taking into consideration the rules governing titles that begin with articles.**


 * 4. Begin the first line of each entry flush at the left margin. Keep typing until you run out of room at the end of the line. Indent 5 spaces for second and subsequent lines of the same entry. Double-space all lines, both within and between entries. Remember that this is only a guideline adapted from the [|MLA Handbook]. You are advised to follow the style preferred by your instructor.**


 * Using Bibme.org is an easy way to remember all the correct layouts of a proper works cited page.**

=What is Copyright?=

The right by law to be the only **person who determines who may publish, copy, alter and distribute a piece of writing, music, picture or other work that you own/created. Copyright protects creative works (including software) from being reproduced, performed, or disseminated without permission. A Copyright can be sold or licensed to others. There are five rights that are given to copyright owners - the exclusive rights of reproduction, adaptation, publication, performance, and display.**


 * In the simplest form---**


 * You don't have permission to save, copy, alter, post or do anything with that material without permission form the original owner of the item. This includes but is not limited to; copying and pasting, right clicking and saving, downloading "free" music off the internet, copying a picture on a copy machine or scanner, or printing pictures and posting them for public view.**

What if you use, display, copy, present or alter something that is copyright protected and you didn't get permission from the owner? The penalties for infringement are very harsh: the court can award up to $150,000 for each separate act of willful infringement. Willful infringement means that you knew you were infringing and you did it anyway.

Basically...
 * 1) If you didn't develop a written work, art, photograph, or music, or obtain distribution rights to it, you don't own it.
 * 2) If you don't own it, you can't copy or distribute it.
 * 3) Fair use allows copying of small portions of a work without the owner's permission, but only for criticism, education, and news reporting.
 * 4) When in doubt ask for permission to use a work.

If you didn't make it...you don't own it!You need to ask permission to use it!orlocate something in Creative Commons or the public Domain!orjust make your own!

Check out these links for more information:

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Copyright Guidelines

=What is Fair Use?= The copyright law and the courts have provided exceptions to the rules that protect teachers, students, and schools. Teachers are allowed to make "fair use" of materials for instructional purposes. "Fair use" has been made to include limited uses, which are not likely to deprive a publisher or an author from income.

 As Stated in the Fair Use Guidelines for Educational Multimedia []

PREPARATION OF EDUCATIONAL MULTIMEDIA PROJECTS USING PORTIONS OF COPYRIGHTED WORKS
 * These uses are subject to the Portion Limitations listed in Section 4.They should include proper attribution and citation as defined in Sections6.2.**

__2.1 By__ Students

Students may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course.

3. PERMITTED USES OF EDUCATIONAL MULTIMEDIA PROJECTS CREATED UNDER THESE GUIDELINES Uses of educational multimedia projects created under these guidelinesare subject to the Time, Portion, Copying and Distribution Limitations listed in Section 4.

__3.1 Student Use:__
 * Students may perform and display their own educational multimedia projects created under Section 2 of these guidelines for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews. Students shall be advised that they are not permitted to make their own copies of the educational multimedia project.**


 * The preparation of educational multimedia projects incorporating copyrighted works under Section 2, and the use of such projects under Section 3, are subject to the limitations noted below. These were copied directly from the Copyright Law Guidelines Website.**

4. LIMITATIONS - TIME, PORTION, COPYING AND DISTRIBUTION

Students may use their educational multimedia projects as noted in Section 3.1.

4.2 Portion Limitations
 * Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects under these guidelines regardless of the original medium from which the copyrightedworks are taken.** In the aggregate **means the total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission under these guidelines. These limitations apply cumulatively to each educator's or student's multimedia project(s) for the same academic semester, cycle or term. All students should be instructed about the reasons for copyright protection and the need to follow these guidelines. Any such project retained under Sections 3.1 and 4.3 should comply with the portion limitations in this section**

Motion Media
 * Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines.**

4.2.2 Text Material
 * Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used.**

4.2.3 Music, Lyrics, and Music Video
 * Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies or audio or audiovisual works, may be reproduced or otherwise incorporated as a part of a multimedia project created under Section 2. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.**

4.2.4 Illustrations and Photographs
 * The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2.**

4.2.5 Numerical Data Sets
 * Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines. A field entry is defined as a specific item of information, such as a name or Social Security number, in a record of a database file. A cell entry is defined as the intersection where a row and a column meet on a spreadsheet.**

A full list can be viewed at []

 * [[image:http://www.mplc.org/images/ttlLaw.gif width="295" height="45" align="left"]] ||  ||
 * Pre-recorded home videocassettes and DVDs (“Videos”) that are available for rental or purchase include the right to exhibit the movie for home use only.

These motion pictures do not include a license for showing outside one’s home. If you wish to show movies for any other use or in any other place, you must have a SEPARATE license which specifically authorizes such use. These simple and straightforward rules are detailed in the federal Copyright Act, as amended, Title 17 of the United States Code. According to The Copyright Act, only the copyright owner holds the exclusive right, among others, “to perform the copyrighted work publicly.” (Section 106) In summary, the Copyright Act mandates: Non-compliance with The Copyright Act is considered infringement and carries steep and significant penalties. Such exhibitions are federal crimes and subject to a $150,000 penalty per exhibition (Section 506). In addition, even inadvertent infringers are subject to substantial civil damages ($750 to $30,000 for each illegal showing) and other penalties. (Sections 502-505) ||  ||
 * The rental or purchase of a Video does not bear the right to perform the copyrighted work publicly.(Section 202)>
 * Videos may be shown without a separate license in the home to “a normal circle of family and its social acquaintances” (Section 101) because such showings are not considered “public.”
 * Videos may be shown without a license for non-profit educational purposes and in certain narrowly defined “face-to-face teaching activities” because the law provides limited exceptions for such showings. (Section 110(1).
 * All other public performances of Videos are illegal unless they have been authorized by license. Even “performances in ‘semipublic’ places such as clubs, lodges, factories, summer camps and schools are ‘public performances’ subject to copyright control.” (Senate Reprt No. 94-473, page 60; House Report No. 94-1476, page 64).
 * Both for-profit organizations and non-profit institutions must secure a license to show Videos, regardless of whether an admission fee is charged. (Senate Report No. 94-473, page 59; House Report No. 94-1476, page 62)
 * A party is liable for contributory infringement when it, with knowledge of the infringing activity, contributes to the infringing conduct of another or provides the means to infringe. Vicarious liability arises where a party has “the right and ability to supervise the infringing activity and also has a direct financial interest in such activities.” //Gershwin Publishing Corp. Vs. Columbia Artists Management, Inc.//, 443 F.2d1159, 1161 (2d Cir. 1971). Both the property owner and exhibitor must make sure a license is in place before a Video is shown by either party.

What are Creative Commons?Finding Creative Commons Licensed work on Flickermedia type="youtube" key="Lu8DSZvyw2E" height="315" width="560"

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[|Creative Commons Direct link in Flicker]

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Creative Commons is a nonprofit free **licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof.**
 * corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright.**
 * We provide**

What are the Types of Creative Commons Licenses? Attribution This license lets others distribute, remix, tweak, and build upon the author's work, even commercially, as long as they credit the author for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with the author's works licensed under Attribution.

 Share Alike
 * This license lets others remix, tweak, and build upon the author's original work even for commercial reasons, as long as they credit tha author and license the new creations under the identical terms. This license is often compared to open source software licenses. All new works based on the author's will carry the same license, so any derivatives will also allow commercial use.**

Noncommercial
 * This license lets others remix, tweak, and build upon the author's work non-commercially, and although the new works must also acknowledge the author and be non-commercial, they don’t have to license their derivative works on the same terms**

 No Derivative Works

This license is the most restrictive of the six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download the author's work and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially.

What is the Public Domain?

Public Domain** A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. []

Freebies: Of course everyone has guidelines for using their stuff for "free" so be sure to read all the terms of use before using. You won't find your favorite artists here but you might find a great music beat that you could use for a project! You won't find the famous painting here but you might discover a new artist. You won't find

[|www.pics4learning.com] Pics4Learning is a copyright-friendly image library for teachers and students. The Pics4Learning collection consists of thousands of images that have been donated by students, teachers, and amateur photographers. Unlike many Internet sites, permission has been granted for teachers and students to use all of the images donated to the Pics4Learning collection

Free clipart---[] Make sure you read their terms of use to be sure you follow their rules! Free music--[] Free Videos--[] Free Images--[]
 * Civil War
 * Depression Era
 * EduPic
 * Geo-Images Project
 * Maps
 * NASA Image eXchange
 * Roosevelt Presidential Library
 * US Air Force
 * US Fish and Wildlife Service
 * US Navy Images

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