A Teachers Guide To Copyright
and Computer Ethics
As Presented By Joe Bender
But Assembled By Lisa Buck
http://www.benedict.com/
Copyright Lisa Buck 2005
Hi. My Name is Joe Bender. I am a product of Hog Wild
Toys® (www.hogwildtoys.com).
I understand you are a teacher needing answers to
copyright and ethics issues. The weather is bad and the
water is not running so I can’t go kayaking. Instead I will
take this time to try to answer your questions.
Hey Joe, What Is Copyright?
Dude, In a word, Copyright is protection for a person’s original
work. Copyright is covered by Title 17 of the United States Code
Below is an overview of Copyright Law
• Literary works including novels, magazines, computer programs, software
manuals, training manuals, catalogs, brochures, print ads, etc.
• Musical works including songs (instrumentals and lyrics), advertising
jingles, etc.
• Dramatic works including plays, operas, skits, and accompanying music.
• Pantomimes and choreographic works including ballets, modern and jazz
dance, and mime works.
• Pictorial, graphic, and sculptural works including photographs, posters,
maps, paintings, drawings, graphic art, and works of fine art.
• Motion pictures and other audiovisual works including movies,
documentaries, videos, television shows, and multimedia works.
• Personal correspondence including letters and e-mail.
• Sound recordings.
• Architectural works.
www.online.tusc.k-12.al.us/tutorials/copyrigh/copyrigh.htm
So Joe, Copyright owners have certain rights?
That’s right Dude. Code 17 U.S.C. § 106 of
the U.S. copyright law gives copyright
owners the following 6 rights.
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Copyright grants six specific rights to owners:
The right to reproduce the work;
The right to prepare derivative works based upon the original;
The right to distribute copies (by sales or otherwise);
The right to perform the work publicly;
The right to display the work publicly; and
The right, in the case of sound recordings, to perform the copyrighted
work publicly by means of a digital audio transmission.
http://www.loc.gov/copyright/
Hey Joe, is there anything
that cannot be copyrighted?
Sure Dude. The following things cannot be
copyrighted.
• Ideas, procedures, processes, systems, methods of operation,
concepts, principles, discoveries, and facts cannot be
copyrighted, but the expression of a work is copyrightable.
• Works created by officers and employees of the United States
government as part of their jobs cannot be copyrighted.
www.online.tusc.k-12.al.us/tutorials/copyrigh/copyrigh.htm
But Joe, as a person, do I have
any rights with others copyrights?
Dude, of course you do! The public has the following
rights without infringing on copyright protection:
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The right to read, listen, or view publicly marketed material.
The right to browse through publicly marketed material.
The right to use portions of the work for fair-use purposes.
The right to make or have a first-generation copy for personal use of a
work held in a library's collection, for the purpose of study, scholarship,
or research.
• The right to make a transitory copy if the copy is short-lived or
incidental to a lawful use and if it is retained only temporarily.
www.online.tusc.k-12.al.us/tutorials/copyrigh/copyrigh.htm
Hey Joe, what do I do if I want to use something that
someone else created in a PowerPoint for my class?
Cite it Dude, cite it. For example, I’m using this
animation, but giving the creators credit by
citing them below. Plus, you being a teacher,
you’ll be real interested in the next slide.
http://www.animationfactory.com/animations/sports/miscellaneous/120ce6/
Hey Joe, as a teacher, is there any information
that may be particularly helpful to me?
Hey Dude, This is a Teacher’s Favorite Topic.
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Fair Use and Educational Use Exemptions to the Copyright Law:
Educators can make single copies of some copyrighted materials for
scholarly research, preparation for teaching, or teaching a class.
These materials include:
A chapter from a book
A magazine article
A newspaper article
A short story, essay, or poem
A chart, graph, diagram, drawing, cartoon, or picture
Educators can also make multiple copies of the above materials as
long as they meet the following requirements: The amount copied is
not more than roughly 10 percent of the total work. The teacher
does not have time to ask for formal permission to use the material.
The teacher does not make more than nine multiple copies for one
course during a term. The copies cannot be in replacement of
materials regularly used. Consumable materials cannot be copied.
www.online.tusc.k-12.al.us/tutorials/copyrigh/copyrigh.htm
Hey Joe, Is There A General Guideline For
Computer Ethics?
Dude, if you can count to 10 I’ve got a list for you.
• THE TEN COMMANDMENTS FOR COMPUTER ETHICS
from the Computer Ethics Institute2
• Thou shalt not use a computer to harm other people.
• Thou shalt not interfere with other people's computer work.
• Thou shalt not snoop around in other people's files.
• Thou shalt not use a computer to steal.
• Thou shalt not use a computer to bear false witness.
• Thou shalt not use or copy software for which you have not
paid.
• Thou shalt not use other people's computer resources without
authorization.
• Thou shalt not appropriate other people's intellectual output.
• Thou shalt think about the social consequences of the program
you write.
• Thou shalt use a computer in ways that show consideration
and respect.
•http://www.ncrel.org/engauge/framewk/pro/issues/proiss.htm
Hey Joe, what about behavior on the Internet such as email privacy,
web site content, spamming, hacking, computer viruses, netiquette,
website vandalism, computer vandalism and software piracy?
Dude, that’s a bunch of stuff. Matter of fact, I’m
calling this a two slider question. On this slide I will
deal with legal and pseudo legal stuff. The next slide I
will get to the things that can send you up the river
without a paddle.
•Ironically, at present, email does not have the same protection as U.S.
mail. If it is received on a computer used at work, then it is the
property of the company and is not private.
•Netiquette should equal etiquette. If you would not act badly to
someone's face, don’t do it on the net.
•Web site content has the same copyright protection as a published
work.
•Spamming is the same as junk mail. It fills up inboxes and is irritating.
Although not illegal at present, internet providers are helping their customers
by providing free spam blocking.
Dude, hacking, computer viruses,
website vandalism, computer
vandalism and software piracy
are all forms of illegal actions.
None of these actions are cool
and all can bring prison terms,
fines, or both.
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1) "If it doesn't have a copyright notice, it's not copyrighted."
2) "If I don't charge for it, it's not a violation."
3) "If it's posted to Usenet it's in the public domain."
4) "My posting was just fair use!"
5) "If you don't defend your copyright you lose it." –
"Somebody has that name copyrighted!"
6) "If I make up my own stories, but base them on another
work, my new work belongs to me.“
7) "They can't get me, defendants in court have powerful
rights!"
8) "Oh, so copyright violation isn't a crime or anything?"
9) "It doesn't hurt anybody -- in fact it's free advertising."
10) "They e-mailed me a copy, so I can post it."
• 11)"So I can't ever reproduce anything?"
Dude, stay in
the law and
out of the big
house
http://www.templetons.com/brad/copymyths.html
Dude, although copyright infringement rarely means prison time, it could
very well brings with it a fine if the owner can prove damages. An any case
copyright infringement isn’t cool. Follow this link to find the answers to:
10 Big Myths about Copyright Explained
Hey Joe, What If I Want To
Know More About Copyright?
Dude, Check out these sites for all of the
copyright information one could ever need.
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The United States Copyright Office is an authoritative site for copyright information. They
maintain a Copyright FAQ which is useful, though it mostly addresses the needs of those who
wish to register a copyright. Their Circular 21: Reproductions of Copyrighted Works by
Educators and Librarians is an important resource (it is a PDF file, and requires Adobe
Acrobat Reader to view).
UCSD Libraries' Copyright Task Force web page has links to many items of interest. UCSD's
Film and Video Library copyright page addresses the same issues with an emphasis on
audiovisual materials.
The University of California's Policy on Copyright Ownership (1992) and Policy and
Guidelines on the Reproduction of Copyrighted Materials for Teaching and Research (1986)
may provide some guidance, but neither policy explicitly addresses the issue of displaying
copyrighted material on a web page.
Many other university websites give copyright guidance. Among the best are The University of
Texas System's Crash Course in Copyright, and Stanford University's Copyright and Fair Use
The Copyright Society of the USA maintains FA©E - Friends of Copyright Education
Ten Big Myths About Copyright Explained is by Brad Templeton, Chairman of the Board of
the Electronic Frontier Foundation. He debunks misconceptions such as "if it doesn't have a
copyright notice, it's not copyrighted."
http://scilib.ucsd.edu/howto/guides/CopyrightTips.html#websites
Hey Joe, in summery are there any general
things you can tell me about copyright?
Sure, Dude
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These days, almost all things are copyrighted the moment they are written, and no
copyright notice is required.
Copyright is still violated whether you charged money or not, only damages are
affected by that.
Postings to the net are not granted to the public domain, and don't grant you any
permission to do further copying except perhaps the sort of copying the poster
might have expected in the ordinary flow of the net.
Copyright is not lost because you don't defend it; that's a concept from trademark
law. The ownership of names is also from trademark law, so don't say somebody
has a name copyrighted.
Copyright law is mostly civil law where the special rights of criminal defendants
you hear so much about don't apply. Watch out, however, as new laws are moving
copyright violation into the criminal realm.
Posting E-mail is technically a violation, but revealing facts from E-mail you got
isn't, and for almost all typical E-mail, nobody could wring any damages from you
for posting it. The law doesn't do much to protect works with no commercial value.
http://www.whatiscopyright.org/
Dude, I hope this helps. As for me; it just rained
and the Mulberry’s running. Gotta go. See ya on
the water. If you have any questions, see the
reference list below.
http://www.cyberspacelaw.org/dogan/
www.hogwildtoys.com
http://www.loc.gov/copyright/
www.online.tusc.k-12.al.us/tutorials/copyrigh/copyrigh.htm
http://scilib.ucsd.edu/howto/guides/CopyrightTips.html#websites
http://www.templetons.com/brad/copymyths.html
http://www.whatiscopyright.org/