Created and Presented by

:
Stephanie Bowles Bryan Boone

October 2, 2012

 It

is the policy of McIntosh County Board or Education to obey the Copyright Act of 1976, the Digital Millennium Copyright Act of 1998, and the guidelines for fair use established by the Copyright Office.

 For

works published after 1989, a copyright notice is not required so absence of a notice is not grounds for violating copyright.  Assume it’s copy written!

A

public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. The reasons that the work is not protected include: (1) the term of copyright for the work has expired;  (2) the author failed to satisfy statutory formalities to perfect the copyright or  (3) the work is a work of the U.S. Government.

• Materials or reprints of materials in the public

domain (all prior to 1923; most between 19231963)

• Chart of Works in the Publc Domain,

http://www.unc.edu/~unclng/public-d.htm

- Currently, life of the author +70 years or if the work is anonymous or owned by corporate authorship, the shorter of +95 years from publication OR +120 years from creation.

 Freeware  Most  Facts  Ideas,

(not shareware)

U.S. government materials

processes, methods, and systems described in copyrighted materials

 Dr.

Martin Luther King’s estate sued CBS for using CBS footage of the speech.  King lost even though he held copyright.  His performance placed it in the public domain.  Simply, his estate owned his speech, but not the performance of the speech.

 Buy

One, Install One  No more than one user at a time  May be allowed to install it on a computer at home and work provided it is not used simultaneously  Buy a site license or multiple copies if that’s how you plan to use it

 Educators

may use copyrighted materials within their own classrooms without express permission from the copyright owner.

 There  “No

are limits…

real definition of the concept has ever emerged.” United States Code

 Fair

use guidelines allow you to use a portion of the copyrighted work if your use meets all four of the following guidelines:
The character of the use The nature of the work The amount used The effect of the use on the market

 The

character of use – Did you add new meaning or value to the work? YES = Good!

 The

Nature of the Work:

Is the work published or unpublished? Be VERY CAREFUL using anything unpublished – it is still protected by copyright and it MAY appear that you are trying to plagiarize or steal someone’s work. Is it factual or creative? Factual works are generally viewed as safe to use.

 The

amount used:

Are you using a little, a lot, or the whole work? Generally speaking, the more you use, the more likely it is that you are not following fair use guidelines.

 The

effect of the use on the market?

What would happen if everyone did what you did? Would it have any effect on the sales of the original work? Think – if every third grade teacher across the country showed Disney’s Wall-E, would this affect sales of the movie?

 Face-to-face

instructional teaching activity  Legally acquired  Presented by instructors or students  Shown in a classroom situation

 Face-to-face

instructional teaching activity Does the work support the curriculum? Is the showing of the work in the teacher’s lesson plans? YES/YES – then probably safe, but one must ask is it necessary to see the whole work? Most likely it is not. **Of course, movies created solely for educational purposes are an exception.

 Legally

acquired Is the copy a pirated work? Was it purchased with public performance rights? Entertainment or reward is not permitted under Fair Use: get a license from a distributor or the Motion Picture Licensing Corporation (http://www.mplc.com)

 Presented

by instructors or students Only teachers or students may show videos (NOT companies, NOT PTA, NOT clubs, i.e. 4-H).

 Shown

in a classroom situation

Is the work being shown between school hours in a classroom? (Not the cafeteria, not on a bus, not after school).

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