studentcopyright - SPEED COPYRIGHT SPEED (The Copyright...

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Unformatted text preview: SPEED COPYRIGHT SPEED (The Copyright Quickie) (The 2003 Rosemary Chase Copyright Officer George Mason University Libraries Presume EVERYTHING IS OWNED [copyrighted, patented, trademarked] by someone. by Only the owner can owner copy distribute perform display or make a derivative make work. work. “FAIR USE” LETS YOU USE LETS OTHERS’ WORKS… OTHERS’ BUT NOT VERY MUCH, MUCH, AND NOT FOR VERY AND LONG. LONG. Sometimes you need to ask for permission… ask …ahead of time. Sometimes, it’s free. SOMETIMES SOMETIMES YOU MUST PAY A FEE. FEE. NO HIGHER AUTHORITY CAN DIRECT YOU TO BREAK THE LAW. BREAK IF YOU BREAK THE LAW, YOU ARE YOU LIABLE, NOT THE UNIVERSITY… UNIVERSITY… AND THAT’S BECAUSE… AND THE UNIVERSITY THE PROVIDES INFORMATION AND INSTRUCTION ON COPYRIGHT LAW & FAIR USE… FAIR IN ACCORDANCE WITH THE DMCA… THE (THE DIGITAL (THE MILLENNIUM COPYRIGHT ACT OF 1998) ACT & TEACH Act, 2002 …IN A NUTSHELL Educational purpose is Educational NOT always FAIR USE. NOT Out-of- print does NOT mean Out-ofNOT out-of-copyright. out-of-copyright. Go to the IRC workshop page to sign up for the real copyright Go workshop… workshop… WWW is NOT public domain. What is Copyright? What • Copyright laws grant exclusive rights to the owners of an original work • Such as: – Literary, musical, artistic A set of EXCLUSIVE RIGHTS Copyright... Copyright... • Work Must Be: – Original expression – Fixed in a tangible form • Begins: – At the moment original work is fixed – Example: Graphic created in PhotoShop is protected as soon as saved to disk. Non-Protected Works Non-Protected Cannot be Copyrighted • • • • • Ideas Facts Titles Names Short Phrases Public Domain Public • Non-Protected Works • Anything published before 1923 • Federal Government Works Statutory Exceptions Statutory • Fair Use (§107) • Libraries and Archives (§108) What is Fair Use? What Four Factors from §107 of the 1976 Copyright Act: 1. Purpose – education vs. commercial 2. Nature – fact vs. fiction 3. Amount – and substantiality (10%?) 4. Effect – on market or value IF THESE ARE “FAIR USES”… “FAIR Then what is PLAGIARISM? Fair Use or Plagiarism? Fair • Why isn’t plagiarism a fair use? – Because a complete citation must accompany any fair use of another’s work. Plagiarism Plagiarism • When you quote directly from a publication – Use quotation marks – Use proper citation format • (Author, 8) OR (author, 1999, 8) • OR full footnote or endnote Plagiarism… Plagiarism… • …is not always willful. – Sometimes the inexperienced writer forgets to attribute his paraphrasing efforts. Plagiarism Plagiarism • When you paraphrase – Attribute your source in a footnote or endnote just as if you had quoted directly Plagiarism… Plagiarism… is fraud. • It is using someone else’s words or art without attribution and passing it off as your own. • Copyright infringement is using & citing someone’s work without permission nor compensation to the rights holder. • If there is a citation, it is not plagiarism. Cyber-plagiarism Cyber-plagiarism • There are growing numbers of web sites where student papers are available for free, or for a price. • Your instructors know how to use these sites. • Your instructors know how to search the internet for a “word string” which will point them to these sites… Cyber-plagiarism Cyber-plagiarism • Even when these students have donated their papers to these sites, your use of any part of these papers is still plagiarism. SPEAKING OF UNETHICAL CONDUCT… FILE SHARING FILE • RIAA – (Recording Industry Association of America) successfully sued for sharing music using campus servers. – The Universities were NOT sued. FILE SHARING FILE • File sharing = distribution – Unlawful, unauthorized distribution, reproduction of copyrighted works FILE SHARING FILE • …is a violation of §106 of Title 17, U.S. Code – Exclusive right of author/creator to reproduce and distribute FILE SHARING THEORY THEORY • PEER 2 PEER, P2P, Theory: – Sampling – Previewing – Not meant to substitute for purchase of music or movies or software – Meant to facilitate long distance collaboration between researchers and creators. Liability Issues… Liability what you need to know 3 TYPES OF INFRINGEMENT • Direct infringement - knowledge of infringement • Contributory infringement – you must either have knowledge, i.e. faculty directed – or you must materially contribute, i.e. university equipment used • Innocent infringement - very rare on a university campus – Staff (button pusher) responsibility KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY IS Recent Legislation Recent • 1997 - jail time was added for willful infringement • Digital Millenium Copyright Act passed into law, October 1998 - DMCA • Sonny Bono Term Extension - 20 years • TEACH Act – passed November 2002 – some fair use in digital materials What should everyone know about copyright? about • Work is protected from the moment the pen meets the paper • No registration with the Library of Congress is required for protection • No “©” is required • We are all rightsholders! Your Responsibilities Your • As students and citizens in these labs, or on your own PC, it is your responsibility to: – Observe the above restrictions. – Learn proper methods of attribution, acknowledgment and citation for each reference in each paper or project. – Resist the temptation to ignore any of the limitations “just this once”. • Remember: These are not your personal rules. You are only doing as instructed in order to protect the University. … in a nutshell in Educational purpose –does NOT equal FAIR USE. 10% IS NOT ALWAYS FAIR USE. OUT- OF- PRINT does NOT mean out- of - COPYRIGHT. WWW is NOT public domain. Copyright Office Copyright George Mason University Libraries Johnson Center Room 136 Hours: Monday-Friday 8:00 – 4:30 Phone: 703-993-2455, & 32427 Workshops: http://www.irc.gmu/wems/workshops/default.cfm ...
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This note was uploaded on 02/01/2011 for the course ENGL 302 taught by Professor Staff during the Fall '08 term at George Mason.

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