Copyright And The Internet

This is a presentation created for IT 648 at The University of Southern Mississippi in partial completion of course requirements. The topic is copyright and the internet, and is intended as an overview only. The owner is not a lawyer, has never been one, and has absolutely no expertise in delivering legal advice.

1. Copyright and the Internet:
An Overview for Students and
Educators
By Terri Sasser, MPH
The University of Southern Mississippi
IT 648 / July 2008

2. What is a copyright?
“The exclusive right, granted by federal statute to the
creator of a written, musical, artistic, or similar work,
to control the reproduction and exploitation of the
work for a considerable period of time, usually the life
of the author plus 50 years. It is not the ideas and
facts in a work that are protected, but the way in
which they are expressed.”
For the purposes of this presentation, we will focus
on printed material copyrights.
Webster’s Legal Dictionary

3. Brief history of copyright
First copyright statute in 1710 came about as a result of the
invention of the printing press, which greatly increased the
number of copies available to the public for dissemination and
purchase.
The purpose of copyright in the United States is to provide an
incentive to authors to create new works.
Copyright law has a history of adapting to changes in technology
as they occurred, including photography, moving pictures, piano
rolls, radio, television, and cable.
Digital media changes needed to adapt to the two-way
communication that is now so open and so accessible.
Jackson, 2000

4. Basic rights of copyright holders
To reproduce the work
To prepare derivative works
To perform the work in public
To display the work in public
Interference with any of these rights may
constitute copyright infringement.
Knopp & Suter, 1998

5. Copyright in the digital age
Copyright Act of 1976 was passed to address issues created
by the newly emerging computer technology
Despite frequent updates, many believed the law was
inadequate to cover the capabilities of the digital age
Digital Millennium Copyright Act (DMCA) of 1998 created new
protections for copyright management systems, digital
recordings, and certain original designs and limits liability for
online service providers.

6. What constitutes copyright infringement?
Direct infringement occurs when a person
intentionally violates another person’s
copyright by copying or using the protected
work without permission.
Indirect infringement occurs when a person
assists or materially contributes to direct
infringement.

7. Examples of copyright infringement
Downloading or uploading software without approval.
Copying a web site.
Providing links to sites where software can be illegally obtained.
Copying entire books for students without express permission of
the author.
Charging a fee beyond the cost of copying so that the school or
instructor is in some way compensated for the use of the
copyrighted material.

8. What is “Fair Use?”
“Reasonable and limited use of a copyrighted work without
permission of the owner, as in quoting a few lines of a book in a
review of the book. Such use is not an infringement of copyright.”
Fair use seeks to balance the rights of users with the rights of
owners.
First used successfully as a defense against copyright
infringement in 1891.
The use of copyrighted materials must be for the good of society,
such as for educational purposes. Also includes criticism,
comment, news reporting, teaching, scholarship, and research.
Webster’s Legal Dictionary

9. Factors considered in determining Fair Use
The purpose and the character of the use, including
whether such use is of a commercial nature or for
nonprofit educational purposes.
The nature of the copyrighted work.
The amount and substantiality of the portion used in
relation to the copyrighted work as a whole.
The effect of the use on the potential market for and
value of the copyrighted work.
Knopp & Suter, 1998

10. Classroom guidelines for Fair Use
Brevity: The standards require that the instructor make use of not
more than 1000 words or 10 percent (whichever is less) of an
entire lengthy work. The entire work may be copied if it is less
than 2500 words.
Spontaneity: The copying must be done “at the instance and
inspiration of the individual” and not directed by a higher authority
than the teacher.
Cumulative Effect: A work may be copied only for one course per
school. Multiple copying may occur only nine times per course
per term, and there may be no cost to the student other than the
actual costs of the copying. The copyright symbol, the year of
publication, and the copyright owner must appear on the copy.
Knopp & Suter, 1998

11. Copyright committee as a possible remedy
Rio Salado College in Tempe, Arizona, established a
committee to review items instructors wish to include
in their courses.
Organized and staffed by librarians, the librarians
work to secure permission – if necessary – to
reproduce materials prior to inclusion.
For more information, contact the chat line at the
Library at Rio Salado,
http://www.riosalado.edu/services/student/support/library/ask/

12. Copyright concerns for students
Digital age has allowed students to create more
copyrightable material, such as threaded discussions
and multimedia materials.
If a student receives academic credit or a grade for
the work, the student is generally considered the
owner.
If students are employed by the educational
institution as a research assistant, their ownership is
more that of a paid employee, which gives the
institution ownership.

13. Educators and multimedia presentations
Arn, Gatlin, and Kordsmeir distributed a
questionnaire to Association of Business
Communicators members reflected a grade
of “C” on how well they understood copyright
limitations in multimedia presentations.
Test your knowledge on questions from that
questionnaire.

14. How well do you understand copyright
limitations in multimedia presentations?
Does the fact that a previously published work is out
of print affect its copyright protection? (No)
Does copyright protection protect both published and
unpublished works? (Yes)
May an educator who wants to demonstrate to a
class how to a multimedia work use copyrighted
materials without permission? (Yes)

15. How well do you understand copyright
limitations in multimedia presentations?
May students use copyrighted material lawfully
acquired in their portfolios for job interviews? (Yes)
May an educator share with peers multiple copies of
his or her locally produced multimedia teaching
materials which contain lawfully acquired copyrighted
segments? (No)
May students use portions of copyrighted media
lawfully acquired in their multimedia projects to fulfill
assignments without copyright permission ? (Yes)

16. Internet resources for further study on
copyright issues
ALA Washington Office Copyright Issues,
www.ala.org/ala.washoff/WOissues/copyrightb/copyright.html
University at Albany Libraries Intellectual Property,
Copyright, and Fair Use Resources
http://library.albany.edu/digital/copyright.html
United States Copyright Office www.copyright.gov
World Intellectual Property Organization
www.wipo.int/portal/index.html.en
Schlosser, 0000

17. Some final thoughts on copyright
Educators must consider copyright implications when
selecting course materials.
Look for materials in the public domain and
accessible by fair use standards.
Consider setting up a committee, creating guidelines
for educators and students at your institution.
Remember, as students and educators who both
create and use copyrighted material, we’re all in this
together!

18. Bibliography
Arn, Joseph V., Gatlin, Rebecca, & Kordsmeir, William (1998) Multimedia
copyright laws and guidelines. Business Communication Quarterly, 61(4),
32-39.
Barck, Lauren (2007, November) Concern over copyright: Unfamiliarity with fair
use hampers media literacy. School Library Journal, p. 22-23.
Clapp, James E. (1996) Webster’s Legal Dictionary. Random House: New York
City.
Davis, Hazel M. (2006) Copyright in the online course environment. Journal of
Library Administration, 45, 513-515.
General information retrieved from
http://www.riosalado.edu/services/student/support/library/ask/
July 25, 2008.

19. Bibliography
General information retrieved from http://www.copyright.gov, July 25, 2008.
Jackson, Matt (2000) The Digital Millennium Copyright Act of 1998: A proposed
amendment to accommodate free speech. Communication Law & Policy, 5,
61-92.
Kopp, Steven W. & Suter, Tracy A. (1998) Developments in copyright policy
and network technologies: The first generation. Journal of Public Policy &
Marketing, 17 (2), 303-312.
Schlosser, Melanie (0000) Fair use in the digital environment: A research
guide. Reference and User Services Quarterly, 46(1), 11-17.
Todd, Jeff (2007) Student rights in online course materials: Rethinking the
faculty/university dynamic. Albany Law Journal of Science and
Technology, 17, 311, 13590 words