Copyright, patents, and trademarks

Third fair use factor: What is the amount and substantiality of the portion to be used?

Is it a small portion or the whole work? Using a portion of the work is more likely to be considered fair use.

First fair use factor: What is the character of use?

Is it for an educational purpose. Educational purposes are more likely to be considered fair use.

Second fair use factor: What is the nature of the work to be used?

Is the work primarily imaginative or factual. Factual works are more likely to be considered fair use.

(TEACH Guidelines of materials for MULTIMEDIA PROJECTS): What does it allow?

It allows faculty members to incorporate portions of copyrighted materials into PowerPoint presentations and other multimedia for educational purposes.

If something isn't protected by copyright, it can/can't be protected by other laws like patents.

It can be protected by other laws.

It is probably a copyright infringement if:

It takes resources away from the owner Ex. Making copies of something

What does face to face teaching allow for in relation to copyright?

(1st of 4 reasons a teacher wouldn't have to follow copyright rules) - Allows faculty to use or display copyrighted materials during face to face teaching activities. (Doesn't require the owners permission) - Applies as long as there is no direct or indirect admission charge. Must be a part of instructional activity.

What are non-copyrighted materials?

(2nd of 4 reasons a teacher wouldn't have to follow copyright rules) The following are not copyrightable materials: Ideas Facts Discovery Methods Concepts Methodology (Methods) Governmental Works (Laws & documents)

Requirements to copyright: - _____________________ - _____________________ - _____________________

- Originally created - Some amount of creativity - Tangible Medium

Only the owners have the right to do these things to their work: - Reproduce - Adapt - Distribute - Preform (Does not apply to __________________) - Display (Does not apply to _________________ or _______________)

- Preform (Does not apply to sound recordings) - Display (Does not apply to sound recordings or architecture)

General copyright guidelines for a teacher: Multiple copies of work are acceptable if: (3 things)

- There is only one copy per student - The inspiration and decision of the teacher to use the work, and the moment of it's use are relatively close in time - The work includes a notice of copyright

Copyright Infringement (1 & 2 of 4): 1. Copyright owners have exclusive rights to copy, adapt, preform, display, and _______________ their own works. 2. You must obtain the owner's __________________ to use the work, or if not, you must fall under an ______________ (such as __________ or __________).

1. Copyright owners have exclusive rights to copy, adapt, preform, display, and DISSEMINATE their own works. 2. You must obtain the owner's PERMISSION to use the work, or if not, you must fall under an EXEMPTION (such as FAIR USE or TEACH).

Exceptions to Copyright: (Not relating to teaching) 1. 2.

1. Fair use 2. First Sale

Copyright does not cover: (9 things listed)

1. Ideas 2. Procedures 3. Processes 4. Systems 5. Methods 6. Concepts 7. Discoveries 8. Facts 9. Names and short titles

(Avoiding copyright infringement): 1. Make sure your educational use of copyrighted material stays within the boundaries of the __________ ___________ and __________ Act. 2. Use copyrighted material only for teaching, research, ___________, ____________, news reporting, or commentary. 3. Use just enough to accomplish your educational ______________.

1. Make sure your educational use of copyrighted material stays within the boundaries of the FAIR USE and TEACH Act. 2. Use copyrighted material only for teaching, research, PARODY, CRITISISM, news reporting, or commentary. 3. Use just enough to accomplish your educational OBJECTIVE.

General copyright guidelines for the classroom: (1 & 2 of 3) 1. Multiple copying and distribution of materials should not be used as a SUBSTITUTE for the _____________ of books by students 2. Do not ________ and ____________ consumable materials such as workbooks, standardized tests, test booklets, etc.

1. Multiple copying and distribution of materials should not be used as a substitute for the PURCHASE of books by students 2. Do not COPY and DISTRIBUTE consumable materials such as workbooks, standardized tests, test booklets, etc. (Each student can't have a copy of a page or book)

1. When using the TEACH act, teachers must still follow the ________ ________ guidelines, as well as the TEACH act guidelines. 2. Given that the guidelines are followed, copyrighted material can be ___________ and _____________ with/without obtaining permission.

1. Must still follow the FAIR USE guidelines, as well as the teach act guidelines 2. Given that the guidelines are followed, copyrighted material can be SHARED and DISTRIBUTED WITHOUT obtaining permission.

Teachers can use copyrighted materials if one of these three things applies:

1. The teacher or students have legally purchased copies of the book. OR 2. The teacher has obtained permission from the copyright owner to use and make copies of the material in class OR 3. An exemption applies

Make a good faith effort to obtain the author's permission to: (3 things)

1. Transmit or make multiple copies of copyrighted material 2. Use materials in a class for more than one semester 3. Use materials for any use that falls outside the Fair Use Guidelines

What is considered fair use: (Four factors)

1. What is the character of use? 2. What is the nature of the work to be used? 3. What is the amount and substantiality of the portion to be used? 4. Will the use negatively affect the value of the copyrighted material?

When you buy a book, music CD, or magazine: (1 & 2 of 4) 1. You have bought a __________ of the work, not the work itself 2. You did not buy the _________ to that object. You can do what you want with the copy, but not make ___________ and/or ____________.

1. You have bought a COPY of the work, not the work itself 2. You did not buy the RIGHT to that object. You can do what you want with the copy, but not make COPIES and/or DISTRIBUTE.

Copyright Infringement (3 & 4 of 4): 3. If you don't have permission or an exemption, you are most likely committing _____________ _______________. 4. Copyright infringement may result in significant ____________ and _______________ penalties for both you and the __________________ you are working or going to school under.

3. If you don't have permission or an exemption, you are most likely committing COPYRIGHT INFRINGMENT. 4. Copyright infringement may result in significant CIVIL and CRIMINAL penalties for both you and the ORGANIZATION you are working or going to school under.

General copyright guidelines for the classroom: (3 of 3) 3. _____________ companies may be able to help with obtaining permission for you to copy material

3. PRINTING companies may be able to help with obtaining permission for you to copy material

When you buy a book, music CD, or magazine: (3 & 4 of 4) 3. You have a ____________ right to use that one copy for ___________ use. Your use of that copy is limited to that _____ _________. 5. You gain ____ ___________ rights for the copyrighted material.

3. You have a LIMITED right to use that one copy for PERSONAL use. Your use of that copy is limited to that ONE COPY. 4. You gain NO OTHER rights in the copyrighted book.

What counts as Public Domain?

3rd of 4 reasons a teacher wouldn't have to follow copyright rules: Works that are considered public domain: Works that have expired copyright Governmental works Works the author has dedicated to public domain Works that do not qualify for copyright

(Avoiding copyright infringement): 4. Give notice of author __________________, copyright _______________, and warnings against copyright _____________________. 5. Take precautions to __________ access to materials by students in the class, during the time the course is active. (Example: ___________). 6. Make sure your use of the work does not deprive the copyright owner of _______________.

4. Give notice of author ATTRIBITION, copyright INFORMATION, and warnings against copyright INFRINGEMENT. 5. Take precautions to LIMIT access to materials by students in the class, during the time the course is active. (EXAMPLES: password protections, encryptions, warnings against copying and distributing). 6. Make sure your use of the work does not deprive the copyright owner of PROFIT.

What is Fair Use

4th of 4 reasons a teacher wouldn't have to follow copyright rules: The fair use doctrine (Provides for limited use of copyrighted materials for educational and research purposes without obtaining copyright from the owner)

General copyright guidelines for a teacher: A ____________ copy of the material for teaching purposes is generally okay.

A SINGLE copy of the material for teaching purposes is generally okay

(TEACH Guidelines of materials for MULTIMEDIA PROJECTS): What do "alterations" mean?

Alterations- Because of the TEACH Guidelines for MULTIMEDIA PROJECTS, the faculty members can alter portions of the copyright material

(TEACH Guidelines of materials for MULTIMEDIA PROJECTS): Faculty and teachers can alter pieces of copyrighted work for multimedia projects, as long as the alterations:

As long as the alterations: - Are consistent with the instructional objectives - Are noted within the multimedia project.

What is protected by copyright?

Books Articles Other written materials Music Movies Photography Architecture Art Etc.

Both Fair Use and First Sale are ________________ relating to copyright. How are Fair use and First Sale different?

Both Fair Use and First Sale are EXCEPTIONS relating to copyright. 1. Fair use: You can use some work without getting in trouble. (Examples: Some news reports, parodies, etc.) 2. First Sale: Re-selling the whole product. (Example: You can resell a book, but not copy pages out of it.)

How is a copyright created?

Copyright arises as soon a work is fixed in a tangible medium. (Example- Written, Saved, Photographed, Etc)

What are the "4 Do's"? (When complying with TEACH)-

Do: 1. Notify students that works are subject to copyright through a copyright notice 2. Supervise digital performance or display. Make sure it is a integral part of learning. 3. Work with IT department to limit access to the works 4. Use of excerpts from books, pieces of music, photograph collections or motion pictures are generally acceptable.

Fourth Fair use factor: Will the use negatively affect the value of the copyrighted material?

Does the copyrighted material compete with the potential profits of the work? If it takes money away from the owner, it is probably a copyright infringement.

You do/don't need to publish or formally copyright work for it to count.

Don't

What are the "4 Don'ts"? (When complying with TEACH)-

Don't: 1. Upload textbooks, course packs, or other resources typically purchased by students for review outside of the classroom 2. Transmit or upload materials specifically marketed for distance education courses. 3. Use pirated works, or works you have reason to believe were obtained illegally 4. Play an entire motion picture or preform a whole play during a class that will be transmitted.

Teacher's don't need permission for: (Four things)

Face-to-face teaching activities Materials that are not copyrightable Materials in the public domain Fair use material

Fair use is applicable in all situations, and has a specific formula to use it. (True or False)

False It is case by case concept No formula to ensure it Requires analysis of all the facts It is a judicially applied doctrine When in doubt, ask for permission

What is the copyright law, and what does it do?

Federal Copyright Law (Title 17 of the US Code - The copyright act) It protects all original works of authorship whether published or unpublished.

Copyright: Regardless of whether you need permission or not, always provide _______________ to the original author, and display a ___________ ___________.

Regardless of whether you need permission or not, always provide ATTRIBUTION to the original author, and display a COPYRIGHT NOTICE.

Only the owners have the right to do these things to their work: (Five examples listed)

Reproduce Adapt Distribute Preform Display

What is the TEACH Act?

Stands for The Technology, Education, and Copyright Harmonization Act. Allowing teachers to use copyrighted materials in distance/online learning for teaching purposes.

TEACH Guidelines for materials available for DOWNLOAD: (1 & 2 of 4) 1. Content must be accessible only to the students in the class, not the ___________ ___________. 2. Content must be accessible only for the duration of __________ ________.

TEACH Guidelines for materials available for download: 1. Content must be accessible only to the students in the class, not the GENERAL PUBLIC. 2. Content must be accessible only for the duration of THE CLASS.

TEACH Guidelines for materials available for DOWNLOAD: (3 & 4 of 4) 3. To the extent technologically possible, content must be protected from further _________________. 4. To the extent possible, content must not be subject to the RETENTION by student

TEACH Guidelines of materials available for download: 3. To the extent technologically possible, content must be protected from FURTHER DISTRIBUTION. 4. To the extent possible, content must not be subject to the RETENTION by student

TEACH Guidelines: (1 & 2 of 4) 1. Information used must be a ___________ ____________ of mediated instructional activities 2. Must be made by, at the direction of, or under the supervision of the _________________.

TEACH Guidelines: 1. Information used must be a REGULAR PART of mediated instructional activities 2. Must be made by, at the direction of, or under the supervision of the INSTRUCTOR.

TEACH Guidelines: (3 & 4 of 4) 3. Must be directly _____________ and of material assistance to the content of the course 4. Must contain a _________________ ___________.

TEACH Guidelines: 3. Must be directly RELATED and of material assistance to the content of the course 4. Must contain a COPYRIGHT NOTICE.

Who owns the copyright for a piece of work?

The author or creator of the work owns the copyright Authors/creators may transfer ownership of copyright to another person/entity. That person/entity then becomes the owner.

(TEACH Guidelines of materials for MULTIMEDIA PROJECTS): What must they also follow when using this?

They must also follow the Fair Use guidelines such as: - Instruct students face to face - Assign or direct students to self study the material - Use limited portions of the material - Provide copyright attribution

What is the difference between a trademark, patent, and copyright?

Trademark: Preventing a company using a name, logo, or tagline that is confusingly similar to another company. Patent: Protects an idea. (Inventions and discoveries) Copyright Law: Protects the EXPRESSION of the idea. (How it is shared)

Owner of the copyright has the exclusive right to control how the work is: 1. ____________________ 2. ___________________ 3. ___________________

Used Distributed Displayed

To file a lawsuit because of copyright infringement you have to have:

You have to have gotten the work approved or refused, (just basically seen), by the Government Copyright Office.