Copyright and Fair Use Explained:

an Overview

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COPYRIGHT & FAIR USE EXPLAINED

INTRODUCTION

COPYRIGHT QUIZ

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20 QUESTIONS

REVIEW

 

 Lesson Plan Module for 8 - 12th Grade - Information Technology Skills 

Designed by Sharon Ray

Holly Pond High School

Cullman County, Alabama
 

sray@ccboe.org

Objectives:

After completing the following five lesson module Students will be able to: 

(1) Explain the consequences for violating copyright laws.

(2) Differentiate between Copyright and Fair Use infringement.

(3) Identify when Copyright Laws or Fair Use Rules have been ignored or misused.

(4) Explain the limits for using pieces/parts of other's creative works. 

(5) Summarize ways to acquire permission to use other's creative works.


The following Web site describes in detail the legal rights and obligations of Copyright and Fair Use.  Throughout this module you will need to refer to this site for explanations or descriptions as you are asked to evaluate certain situations. 

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17_10_1.html

Examples from the Web site include the following: 
 

Copyright: 

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
 
(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

 

Fair Use: 

The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
 
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

More: 

Other Copyright and Fair Use Web Sites of Interest:

Actual Cyber Crime Cases:  www.cybercrime.gov

American Bar Association:  www.abanet.org

Copyright Laws:  http://www.riaa.com/issues/copyright/laws.asp

Terms to Know:  http://www.riaa.com/issues/glossary/default.asp#ac

PowerPoint Show for Copyright and Fair Use:  http://www.pvc.maricopa.edu/~mosley/copyrt/copy3.html

Students' Page about Plagiarism:  http://www.virtualsalt.com/antiplag.htm

*Plagiarism* http://www.web-miner.com/plagiarism
This comprehensive "webliography" of information on plagiarism and copyright is frequently updated. An invaluable resource.