Controversial Issues

Copyright Basics For Educators

Intellectual Property

Plagiarism and Papermills

Software Piracy

Web Pages

Lesson Plans


Other CTER 4 White Papers

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Commercialism

Computer Crime and Technology Misuse

Credibility

Free Speech

Privacy

 

 

 

 

 

 


Definition
What is copyright?

Digital Millennium Copyright Act
Why did Congress pass the Digital Millennium Copyright Act?

With respect to home recording, what was the main purpose of the DMCA?

What provisions prevent DMCA from dictating the design of home recording devices or interfering with consumer viewing?

Does the "so long as" clause imply any exception to the "no mandate" provision?

Why is the FCC involved in home recording issues?

Does the draft cable industry license pose a threat to home viewing and recording?

Which products would be subject to this license in order to operate on a digital cable system?

I receive digital signals through a box provided by my cable operator or through a digital satellite system. Should I be concerned?

Didn't the Audio Home Recording Act of 1992 ("AHRA") settle what is or isn't allowable for audio home recording?

Educating Staff and Students
How can I educate my staff and students on copyright on the Internet?

Fair Use
What is the concept of "Fair Use"?

What are the limitations on exclusive rights of Fair use?

Internet Service Providers - ISP's
What is the liability of Internet Service Providers (ISP)?

Can an ISP be liable for Copyright Infringement for users who use their service to browse on the Internet?


Can an ISP be party to a Defamation Action?

Laws
What are Internet & Cyberspace Copyright Laws?

What sites are available to find more information on Cyberspace Copyright Laws?


Will copyright laws ever be updated in the new era of technology?

Software
What exactly does the law say about copying software?

Can I take a piece of software owned by my school and install it on my personal computer at home?


Can I purchase a single licensed copy of a piece of software and load it onto several machines?


Can I give or sell a "backup copy" of a licensed program to other people?

Are schools exempt from copyright laws?

Aren't schools allowed to make copies for educational purposes?


If you are uncertain about a license agreement, what can be done to understand it correctly?


Are people who copy software aware they are breaking the law?


Videos

Are Videos Protected by Copyright?

May several students from a class borrow videotape from the public library and view it at home?

May a library keep the original video as a master and reproduce circulation copies from it?

May a community discussion group, which meets in a high school classroom, view videotape without securing permission from the copyright owner?

May the members of a community discussion group, which meets at the public library view videotape without securing permission from the copyright owner?

Under what conditions can a video be shown to a class of students?

References and Resources

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What is copyright?

Copyright protects creative works (including software) from being reproduced, performed, or disseminated without permission. Copyright can be sold or licensed to others. There are five rights that are given to copyright owners - the exclusive rights of reproduction, adaptation, publication, performance, and display - are stated generally in USC 17 Sect. 106.

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Why did Congress pass the Digital Millennium Copyright Act?

The World Intellectual Property Organization ("WIPO") drafted an international treaty that requires signatory nations to enforce particular rights in their own laws. Some believed that further U.S. legislation was necessary to implement U.S. adherence to the treaty. The result was the DMCA. That is why it is sometimes referred to as the "WIPO Treaty Implementing Legislation".

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With respect to home recording, what was the main purpose of the DMCA?

As originally drafted by the Clinton Administration, the DMCA could have required home recording, viewing and listening products to respond to any "technical measure" added to a program by a copyright holder - even if this would have blocked or degraded viewing or listening, or prevented all home recording. HRRC and our allies intervened to limit the scope to more closely approximate the original scope of the treaty, which was external "circumvention" of technical measures that were already effective, rather than their imposition through a design mandate.

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What provisions prevent DMCA from dictating the design of home recording devices or interfering with consumer viewing?

At HRRC's initiative, the no mandate and playability provisions were added. The "no mandate"provision (17 U.S.C. 1201(c)(3)) says that the DMCA cannot be interpreted so as to require consumer electronics, computer, or telecommunications products, or their components, to be designed to conform to "technical measures," so long as the DMCA is otherwise complied with. The "playability" language (in the Conference Report) says that such "technical measures" need not be complied with at the expense of quality receipt of the programming.

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Does the "so long as" clause imply any exception to the "no mandate" provision?

Only one. Section 1201(k) provides that some analog VCRs must comply with the prevalent "Macrovision" technology, but contains "encoding rules" that limit the application of such technology to assure that consumers can make at least one generation of recordings of most cable, satellite and broadcast programming. (There are no such encoding rules in the DMCA generally.) Statements by Reps. Bliley and Boucher, and Senator Ashcroft-the key congressional proponents of the "no mandate" clause - explain that this is the sole exception.

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Federal Communications Commission And Digital Video Home Recording And Viewing

Why is the FCC involved in home recording issues?

Congress charged the FCC with deregulating the market for cable "Navigation Devices" (e.g., set-top boxes) so that, in a way consistent with cable system security, competitive digital consumer electronics and PC products could enter the marketplace. Under FCC proceedings to implement this instruction, the Commission must approve a draft license, offered by the cable industry, to enable competitive manufacturers to provide such devices to consumers in accordance with cable industry specifications.

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Does the draft cable industry license pose a threat to home viewing and recording?

Yes. The license would allow program providers to block the transmission of certain programs to DTV receivers if, in the judgment of the program provider, the program is not sufficiently protected against unauthorized copying. It would also prevent recording capacity in licensed products, unless specifically approved by the program provider, and could allow the cable utility of the product to be terminated at any time by the cable provider, based on home recording considerations.

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Which products would be subject to this license in order to operate on a digital cable system?

Television receivers, VCRs, PCs, and any other product designed to operate on a digital cable system.

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I receive digital signals through a box provided by my cable operator or through a digital satellite system. Should I be concerned?

Yes. These restrictions are being pushed on cable operators by the Motion Picture Association of America ("MPAA") and its members. You can bet that whatever they can impose on DTV cable products they will demand of other equipment providers, as well.

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In recent congressional testimony, the Chairman of the Recording Industry Association of America ("RIAA") said that it is not "fair use" to make a copy of your own CD to play in your car. Does any law or court case say this?

No. Audio home recording is covered by the general principles of fair use recognized in the Betamax case. In the HRRC view, the law as interpreted by the Supreme Court protects the sale of home recording devices, both video and audio, to consumers, and recognizes that the fair use rights of consumers include private, noncommercial home recording, such as making a tape for your car.

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Didn't the Audio Home Recording Act of 1992 ("AHRA") settle what is or isn't allowable for audio home recording?

The AHRA said that consumers can't be sued for home recording using a "digital audio recorder" covered by the act.

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How can I educate my staff and students on copyright on the Internet?

A good site your staff can access on copyright is on the Internet at:
http://www.lib.utsystem.edu/copyright/

For younger children it would be easier to put the information in a format like a PowerPoint presentation that would be easier for children to understand. This would make the contents more appropriate for their age level. The tutorial might be more easily understood by older students.

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What is the concept of "Fair Use"?

The copyright law and the courts have provided exceptions to the rules that protect teachers, students, and schools. Teachers are allowed to make "fair use" of materials for instructional purposes. "Fair use" has been made to include limited uses, which are not likely to deprive a publisher or an author from income. A teacher can make a copy of an article or a page from a book for use with a class to support a concept being taught. They cannot copy a whole book or workbook to use for copies for a class. "Fair Use", of Internet resources should be parallel with the use of print resources. The four criteria to be considered in determining whether a use of copyrighted material is "fair" are:

  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.

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What are the limitations on exclusive rights of Fair use?

Notwithstanding the provisions of sections 106 and 106A, 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.

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What is the liability of Internet Service Providers (ISP)?

Any service provider who knowingly permits others to use his or her host computer bulletin board to store and give out unauthorized copies of copyrightworks is in danger of a civil action for infringement. It is recommended that you follow the guidelines set forth in a fair use doctrine.

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Can an ISP be liable for Copyright Infringement for users who use their service to browse on the Internet?

Possibly. A copyright holder of an article or photo which he or she places on the Internet with the intent and desire that it is to be browsed, gives the viewer the implied license to browse and print-out a copy if the material. Such, is subject to the fair use doctrine.

If a person's browser prints-out an article or photo that was placed on the Internet without authorization is protected and considered an innocent infringement.

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Can an ISP be party to a Defamation Action?

Yes. Be careful of e-mail messages and chat rooms. ISP can restrict access to or availability of material that it considers to be, "obscene, lewd, filthy, excessively violent, harassing, or just objectionable." (See Communication Decency Act of 1996).

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What are Internet & Cyberspace Copyright Laws?

A lobbying group met in Washington and issued "the Netsurfer's Simple Guide To Copyright"

  1. If you didn't develop a written work, art, photograph, or music, or obtain distribution rights to it, you don't own it.
  2. If you don't own it, you can't copy or distribute it.
  3. The author or owner must explicitly relinquish rights for a work to be placed in the public domain.
  4. Fair use allows copying of small portions of a work without the owner's permission, but only for criticism, education, and news reporting.
  5. When in doubt ask for permission to use a work.

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What sites are available to find more information on Cyberspace Copyright Laws?

Articles on Internet Laws
http://wwwlibertolaw.com/articles.html

Cerebal Law, William s. Lovell, Ph.D.
http://www.cerebalaw.com

Copyright Law in Cyberspace
http://www.gahtan.com/cyberlaw/

Copyright and Far Use from Stanford University
http://fairuse.stanford.edu/

Internet Law
http:// www.nwpatents.com/interlaw.htm

TIGERX.COM Copyright Information
http://www.tigerx.com/copyright.htm

US Library of Congress Copyright Office
http://www.lcweb.loc.gov/copyright

US Patent, Trademark, Copyright & Related Matters
http://www.fplc.edu/tfield/ipbasics.htm

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Will copyright laws ever be updated in the new era of technology?

Congress implemented The World Intellectual Property Organization (WIPO) to address issues that were not adequately addressed through current U.S. laws. It is through the determination of Congress, that electronic commerce and distribution of digital works by providing copyright owners with legal tools to prevent widespread piracy was tempered with concern for maintaining the integrity of the statutory limitations on the exclusive rights of copyright owners.

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Does the "so long as" clause imply any exception to the "no mandate" provision?

Only one. Section 1201(k) provides that some analog VCRs must comply with the prevalent "Macrovision" technology, but contains "encoding rules" that limit the application of such technology to assure that consumers can make at least one generation of recordings of most cable, satellite and broadcast programming. (There are no such encoding rules in the DMCA generally.) Statements by Reps. Bliley and Boucher, and Senator Ashcroft-the key congressional proponents of the "no mandate" clause - explain that this is the sole exception.

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What exactly does the law say about copying software?

The law says that anyone who purchases a copy of software has the right to load that copy onto a single computer and to make another copy "for archival purposes only". It is illegal to use that software on more than one computer.

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Can I take a piece of software owned by my school and install it on my personal computer at home?

A good rule of thumb is one software package per computer, unless the terms of the license agreement allow for multiple use of the program.

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Can I purchase a single licensed copy of a piece of software and load it onto several machines?

This is known as "softlifting", which is contrary to the terms of a license agreement. This includes sharing with friends and co-workers and installing software on home/laptop computers if not allowed by the license.

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Can I give or sell a "backup copy" of a licensed program to other people?

A "backup copy" can be used for "archival purposes only." This copy cannot be sold or distributed to another party without the consent of the copyright owner.

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Are schools exempt from copyright laws?

Schools must uphold copyright laws. It is wrong for a school to duplicate software (or allow its faculty or students to do so) without authority from the publisher.

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Aren't schools allowed to make copies for educational purposes?

No. Like individuals and corporations, the copyright law binds educational institutions.

Because of their unique position of influence, schools have a particular obligation to abide by the copyright law and educate students about their own responsibilities when using software. Just as it would be wrong to buy one textbook and photocopy it, for use by many students, it is wrong for a school to duplicate software without the authorization of the publisher. This means that educators cannot make unauthorized copies of software for their students, either to use in school or to take home.

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If you are uncertain about a license agreement, what can be done to understand it correctly?

If you have trouble understanding the license agreement for a particular program, help is available. A school's media or technology coordinator or software manager may be able to answer questions. In addition, you can ask for clarification of the license agreement as it applies to your school. Finally, if you still have questions, contact the Software Publishers Association for more information about software and the copyright law.

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Are people who copy software aware they are breaking the law?

Because the software industry is relatively new and because copying software is so easy, many people are either unaware of the laws governing software use or choose to ignore them. It is the responsibility of each and every software user to read and understand the license agreements of the products they use complies with copyright law.

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Are Videos Protected by Copyright?

All questions on copyright of videos that are most relevant can be found in sections (17 U.S. Code. Sec. 101 et.seq.) are Sec. 107 (fair use), Sec. 108 (library uses of copyrighted materials), and Sec. 110(public performance of audiovisual works such as films and videos are protected by these code sections. In using videos and films in the classroom the following questions may address some concerns of using these works with a classroom of students.

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May several students from a class borrow videotape from the public library and view it at home?

Yes. In-home viewing by the student and a small group of friends would be allowed.

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May a library keep the original video as a master and reproduce circulation copies from it?

This is an infringement. Some companies have a dual pricing structure wherein the higher price is for the purchase of one video and the right to produce a specific number of duplicate copies.

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May a community discussion group, which meets in a high school classroom, view videotape without securing permission from the copyright owner?

No. The group does not consist of class members enrolled in a non-profit institution, nor is it engaged in formal instructional activities of such an institution. The group must ask for the permission of the copyright owner in order to view the tape.

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May the members of a community discussion group, which meets at the public library view videotape without securing permission from the copyright owner?

Performance of a commercially produced video in a public library to members of the general public is an infringement if the copyright holder does not grant performance rights. The only place a video may be shown to a group without having regularly occurring class at an educational institution in the context of having a systematic course of instruction having an instructor and students.

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Under what conditions can a video be shown to a class of students?

A classroom performance of a copyrighted video is permissible under the following conditions summarized from Section 110.

  1. The performance is by instructors (including guest lecturers) or by pupils.
  2. The class is part of the regular curriculum.
  3. The performance is in connection with face-to-face teaching activities.
  4. The entire audience is involved in the teaching activities.
  5. The entire audience is in the same room or same general area.
  6. A non-profit educational institution conducts the teaching activities.
  7. The performance takes place in a classroom or similar place devoted to instruction, such as a school, library, gym, auditorium or workshop.
  8. The video is lawfully made; the person responsible had no reason to believe that the video was unlawfully made.

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References and Resources:

Bellingham School District 501 2313 Board Policy, retrieved from web on July 16, 2002, http://www.bham.webnet.edu/copyright.htm

Complying with the Digital Millennium Copyright Act and Sonny Bono Copyright Term Extension Act:
Making Digital Copies in the Library

http://www.utsystem.edu/ogc/intellectualproperty/dmcalib.htm

Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web, retrieved from the web April 16, 2002, http://www.umuc.edu/library/copy.html

Designing Webpages Researching Copyright Laws
http://www.siec.k12.in.us/~west/online/copy1.htm

Digital Millennium Copyright Act (DMCA), retrieved from the web on July 18, 2002, http://www.utsystem.eu/OOC/IntellectualProperty/dmcisp.htm

Fair Use of Copyrighted Materials, retrieved from the web on July 18, 2002, http://www.utsystem.edu/OOC/IntellectualProperty/copypol2.htm

Frequently Asked Questions Digital Millennium Copyright Act of 1998 ("DMCA"), Part of this was by the Home Recording Rights Coalition http://www.hrrc.org/html/faq_s.html

Internet Law, retrieved from the web on July 20, 2002, http://www.nwpatents.com/interlaw.htm

Keeping it Legal: Questions Arising out of Web Site Management, McKenzie, Jamie, retrieved from web on July 16, 2002, http://www.fno.org/jun96/legal.html

mla|Copyright for music librarians, retrieved from web on July 17, 2002, http://www.lib.jmu.edu/org http://www.lib.jmu.edu/org/mla/FAQ/

Policy Schmolicy: It's the Architecture! Reilly, Ed.D. Rob, retrieved from web on July 17, 2002, http://www.infotoday.com/MMSchools/nov99/reilly.htm

Researching Copyright Laws, retrieved from the web on July 18, 2002,
http://www.utsystem.edu/ogc/intellectualproperty/copypol.htm

Statement of Marybeth Peters Register Copyrights before the Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary United States House of Representatives 107th Congress, 1st Session, December 12-13,2001., http://www.copyright.gov/docs/regstat121201.html

Student Permission to Publish, retrieved from the web on July 17,2002, http://www.siec.k12.in.us/~west/online/copy/2.htm

TIGERX.COM
, retrieved from the web on July 16, 2002,
http://www.tigerx.com/copyright.htm

World Intellectual Property Organization (WIPO), retrieved from the web on July 18, 2002, http://www.wipo.org

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Teri Grant
August 2002

© Copyright 2002 by tgrant, jjeffreys, vromano, & kschlappi. Permission to reproduce and distribute for non-profit purposes granted.