Principals and Rules of Copyright


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

Introduction to the Rules of Copyright

In this lesson you will learn about how the laws of coyrights are used to protect you and other individuals when it comes to creative and original work.

By clicking on the links at the top you can:

Copyright is protection for intellectual property. Intellectual property consists of anything an individual has written or created. It might be music, text, pictures, photographs, sounds, and so on. Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship" including literary, dramatic, musical, artistic, architectural and certain other intellectual works. This protection is available to both published and unpublished works. [1]

The primary purpose of copyright law is not so much to protect the interests of the authors/creators, but rather to promote the progress of science and the useful arts—that is—knowledge. To accomplish this purpose, copyright ownership encourages authors/creators in their efforts by granting them a temporary monopoly, or ownership of exclusive rights for a specified length of time. However, this monopoly is somewhat limited when it conflicts with an overriding public interest, such as encouraging new creative and intellectual works, or the necessity for some members of the public to make a single copy of a work for non profit, educational purposes. You will be learning more about how this works in the next modules. [8]

In addition to balancing the public and individual rights, you need a basic understanding of copyright law before you can make appropriate decisions regarding any proposed use of copyrighted material. When thinking about the possible use of copyrighted material, keep in mind the perspectives of both the owner and the user of copyrighted material. When using another person’s material, ask yourself: “What kind of respect and observance of copyright law would I want others to follow?” Likewise, “If I am about to use someone else’s copyrighted works, what kind of respect and observance of copyright laws should I follow?” This approach suggests attention to the principles of respect and trust. Respect for the rights of others and trust in those who have an opportunity to use your works. [8]

Be aware that mere ownership of a book, manuscript, painting, or any other copy of a copyrighted work does not automatically grant you copyright ownership. [8]

In summary, some important points to remember:

  1. The authority to establish Copyright Law comes from the US Constitution, Article 1, Section 8. [8]
  2. One major purpose of Copyright Law is to “promote the progress of the sciences and useful arts”, in other words knowledge. [8]
  3. Copyright law is an attempt to balance public interest with the rights of the individual author/creator. [8]

| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

Rules of Copyright

  1. You cannot use copyrighted material without written permission from the creator of the material (or from its copyright holder). [1]
  2. Material can be protected even if it does not display the © symbol. Even if no mention is made regarding copyright, you must assume that all material from another source is protected. [1]
  3. Penalties for violating copyright laws can range from mild to severe. If you break the copyright law, you might simply receive an e-mail message from the author asking you to stop using the material. If you publish the material on a website, the webmaster might shut down your site. Or you could be sued by the author or prosecuted by federal authorities. [1]
  4. To make sure you are not violating any copyright law, it is important that you do the following:
    • Write or send e-mail to the author or creator and ask permission to use the material. Do not use it until you are given permission. [1]
    • Follow the directions on the site regarding use of material. You might be asked to create a link on your page or to notify the author or creator. [1]
    • Most important: Do not use any material if you don't have written permission [1]


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

Rights of the Copyright Owner

Section 106 of the U.S. copyright law gives the owner of a copyright the exclusive (the only one and no other) right to do and to authorize others to do the following:

  1. to reproduce the work
  2. to prepare derivative works based upon the work
  3. to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
  4. to perform the work publicly
  5. to display the copyrighted work publicly
  6. in the case of sound recordings, to perform the work publicly by means of digital audio transmission
  7. in the case of a “work of visual art” the author has certain rights of attribution and integrity

Remember, it is both dishonest and illegal for a person to violate any rights of the copyright owner. However, the rights of the copyright owner are, in some instances, limited in scope. Several sections of the U.S. Copyright Law have established limitations on these rights. Unless one or more of the statutory exemptions (a few are described in the next module) apply, you must obtain permission from the copyright owner before using copyrighted works in any of the listed ways. [8]

The copyright owner is the person or entity who owns the exclusive statutory rights mentioned above. The copyright owner could be the author, the publisher, or any other person or entity having legal ownership of one, some, or all of the exclusive rights previously described. [8]


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

Sample letter requesting permission to use copyrighted material without a charge

(Copyright owner’s name)

(Copyright owner’s address)

(City, State, Zip code)

Dear (copyright owner’s name):

I would appreciate receiving your permission to use, without charge, in a (intended use of material), the following material from your (book/periodical). This material will be placed in the California State University, Sacramento Library's Electronic Reserve Environment:

Title:

Copyright owner:

Author:

Title of article, chapter, etc.:

From page_____, line_____, beginning with the words “_____________

__________________________________________,” to page ________

line_______, ending with the words “______________________________

____________.”

Illustrations:________________________________________,

Appearing on page(s) _________________.

Proper acknowledgement of title, author, copyright owner, and copyright date will be given.

Would you kindly indicate your permission below and return this request? An extra copy is enclosed for your records.

Sincerely,

Requestor’s name

Requestor’s title

Permission granted:

________________________________ _____________________________

Copyright owner or agent Signature


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

History of copyright

  1. First law enacted 1790. [2]
  2. 1976 copyright law followed international law, extending copyright for 50 years after death of the author/creator. [2]
  3. On October 27, 1998, President Clinton signed into law the "Sonny Bono Copyright Extension Act," which extends the terms of almost all existing copyrights by 20 years, to provide copyrights in the United States the same protection afforded in Europe. [2]
    • The basic term of copyright protection, the life of the creator plus 50 years, has been increased to life plus 70 years. [2]
    • The term for "work for hire" has been extended from 75 to 95 years. [2]


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

How long does copyright last?

  1. Works created on or after Jan 1978 - life of author + 70 [3]
  2. Work for hire 95 years [3]
  3. The OWNER/manufacturer/creator [but not always the creator ] of the work CAN:
    • copy the work. [3]
    • create derivative works based upon the work. [3]
    • sell, rent, lease, lend copies of the work. [3]
    • publicly perform literary, musical, dramatic, motion picture and other audiovisual works. [3]
    • publicly perform sound recordings. [3]
    • It is not necessary to have a notice of copyright (i.e.: © 1997 Jane Doe) for material to be copyright protected in the U.S. Once something tangible is produced, text, graphics, music, video, etc., it is automatically copyrighted. Sound recordings and some other property use other copyright symbols. Anyone can use the copyright symbol on her or his original work. [3]


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

The Internet and Copyright

"The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, a lot of it with varying degrees of copyright protection. Copyrighted works on the Net include new s stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law. That can pose problems for the hapless surfer." ("The Copyright Web site" http://www.benedict.com/) [6]

What is protected on the WWW?

The unique underlying design of a Web page and its contents, including: links, original text, graphics, audio, video, html, vrml, other unique markup language sequences, list of Web sites compiled by an individual or organization, and all other unique elements that make up the original nature of the material. [6]

When creating a Web page, you CAN:

  1. Link to other Web sites. [6]
  2. However, some individuals and organizations have specific requirements when you link to their Web material. Check a site carefully to find such restrictions. It is wise to ask permission. [6]
  3. You need to cite source, as you are required to do in a research paper, when quoting or paraphrasing material from other sources. How much you quote is limited. [6]
  4. Use free graphics on your Web page. If the graphics are not advertised as "free" they should not be copied without permission. [6]

When creating a Web page, you CANNOT:

  1. Put the contents of another person's or organizations web site on your Web page. [6]
  2. Copy and paste information together from various Internet sources to create "your own" document. [6]
  3. You CAN quote or paraphrase limited amounts, if you give credit to the original source and the location of the source. This same principle applies to print sources, of course. [6]
  4. Incorporate other people's electronic material, such as e-mail, in your own document, without permission. Forward someone's e-mail to another recipient without permission [6]
  5. Change the context of or edit someone else's digital correspondence in a way which changes the meaning [6]
  6. Copy and paste others' lists of resources on your own web page [6]
  7. Copy and paste logos, icons, and other graphics from other web sites to your web page (unless it is clearly advertised as "freeware." Shareware is not free). Some organizations are happy to let you use their logos, with permission - it is free advertising. But they want to know who is using it. They might not approve of all sites who want to use their logo. [6]

 


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

How to Copyright your own Material

To copyright your own material, the copyright notice for visually perceptible material must contain one or more of the following elements:

  1. The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr." [1]
  2. The year of first publication [1]
  3. The name of the owner of copyright Example: © 2010 Adobe Systems Incorporated [1]
  4. Phonorecords and sound recordings use the letter P in a circle[1]
  5. The copyright notice should be affixed in such a way as to "give reasonable notice of the claim of copyright."[1]

copyright image


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

Vocabulary of Copyright Terms

Attribution

Identifying the source of a work. For example, a Creative Commons "BY" or attribution license requires the second user of a copyrighted work to identify the original source of the work. [7]

Copyright

Copyright infringement

Copyright term

Creative Commons

Derivative works

Expression

Fair Use Doctrine

File sharing

License

Mashup

Parody

Original Work

Peer-to-peer (P2P) technology

Plagiarism

Public domain

Remix culture

Stakeholder

Unprotected Materials


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

Take the Copyright Quiz

Now that you have reviewed all of the material you are ready to take the online quiz on copyrights. To take the quiz you will need to do the following:

  1. Go to http://quizstar.4teachers.org/indexs.jsp
  2. Login using your assigned username and password provided by the instructor. Username is based on your period and lastname-first initial and the password is your student id. For example, if you are in period 1 and your last name is smith, first name is sue, and your student id is 0041012345, then your login username is p1-smith-s and your password is 0041012345
    • Username: p1-smith-s
    • Password: 0041012345
  3. Click on Untaken Quizzes
  4. Take the quiz Copyright Quiz
  5. When you are done submit your test for scoring.


| 1-introduction | 2-rules of copyright | 3-rights of owners | 4-requesting permission | 5-history |
| 6-length of copyright | 7-the Internet and copyrights | 8-copyright material | 9-vocabulary |
| 10-quiz | 11-bibliography | 12-introduction video | 13-Copyright basics video | 14- Fair use video |
| 15-Copyright Game |

Lesson Bibliography

  1. Activity 1.1 guide Digital Design - 2 Principles and rules of copyright © 2010 Adobe Systems Incorporated
  2. http://mason.gmu.edu/~montecin/copyright-internet.htm
  3. http://en.wikipedia.org/wiki/Copyright
  4. http://www.copyright.gov/
  5. http://creativecommons.org/
  6. http://mason.gmu.edu/~montecin/copyright-internet.htm
  7. http://www.teachingcopyright.org/
  8. http://copyright101.byu.edu