Ethically Speaking
“The Computer as an Educational Tool:
Productivity and Problem Solving”
©Richard C. Forcier and
Don E. Descy
Today
What
is copyright?
Interpreting the Copyright Act
Basic guidelines
Web sites
Discussion
What is copyright?
Copyright is a set of laws
designed to protect the
financial interests of
creators, producers, and
distributors of original
works of information and art.
Interpreting the Copyright Act
 Purpose
and character of use
(commercial vs. nonprofit)
 Nature of the work
 Amount and substantiality of
portion used related to the whole
 Effect on potential market
 Spontaneity
Basic Guidelines
Categories
•
•
•
•
•
(1)
Pictures, graphics
Sculptures
Literary works
Audiovisual works
Dramatic works
Basic Guidelines
Categories
•
•
•
•
(2)
Choreographic works
Music and lyrics
Recordings
Architectural works
Time Span
Before
1/2/78:
Life of author plus 50 years
After 1/1/78:
28 years with 47-year renewal
(75 years total)
Paper
10%
of prose up to 1,000
words
250 words from a poem
One illustration from
periodical or book
Computer Software
Make
one archival copy
Adapt program to local needs
Add features to program
Adapt to another language if
it is not available
Multimedia (1)
Portions
of lawfully acquired
copyrighted works can be
used in student/teacher
projects for class, distance
education, and student selfdirected materials.
Multimedia (2)
 Copies
may be retained for
portfolio, assessment, tenure,
job interviews.
 Educators may use material for
up to 2 years without
permission.
Multimedia (3)
 10%
or 3 minutes of motion
media
 1,000 words of text
 30 seconds of music
 Five images from an artist
 2,500 fields/cells from database
Distance Education
Tapes
may be kept for 45
days.
Recordings may not be
altered.
Off-Air Videotaping (1)
 Retain
for 45 days
 Use within first 10 days and a
second time if necessary
 Professional staff may view tape
several times.
 You may use only part of
program.
Off-Air Videotaping (2)
Make
a limited number of
copies
License from copyright
holder
“Cable in the Classroom”
http://www.ciconline.com/
True or False (1)
Fair
use in a classroom is fair
use at a conference.
You are liable if your superior
orders you to copy the work.
If it is on the Web, it is
copyrighted.
True or False (2)
 Distance
education instructors
may use copyrighted works
(video/photos) without first
getting permission.
 Copyrighted materials must be
registered.
 Copyrighted materials must
carry a ©.
True or False (3)
U.S.
Government
publications are not
copyrighted.
In that case, stamps are not
copyrighted.
It is OK to play a radio in the
background in a barber shop.
So what is it worth?
$1,000
and a year in jail
Civil damages of $50,000
Employers and educators can
both be held liable.
Web Sites
 Copyright
and fair use:
fairuse.stanford.edu
 Cyderspace law for nonlawyers:
www.counsel.com/cyberspace
 U.S. Copyright Office:
lcweb.loc.gov/copyright
 U.S. House Law Library:
law.house.gov/325.htm
Questions?