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Intellectual Property/Copyright/Ethics: Implication to teachers and students

(SGDT5063: Technology Planning & Management in Education)
Prepared for: PM Dr. Ahmed Jelani Shaari Prepared by:
Abdullah Al-Mahmood (805016) Md. Shamsul Islam (805028) Md. Abdur Rashid (805026)

Intellectual Property
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Source: http://www.wipo.int/about-ip/en/index.html

Categories of Intellectual Property

Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, dance, artistic works such as drawings, paintings, photographs , sculptures, and architectural designs

Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.

What is copyright?
Copyright is a legal term describing rights given to creators for their literary and artistic works.

Source: http://www.wipo.int/about-ip/en/index.html

The statutory privilege extended to creators of works that are fixed in a tangible medium of expression. (Bruwelheide, 1995)

Importance of copyright
Respect intellectual rights of creators of information Reward creativity of authors, artists, musicians, etc. Legal mandate Model proper behavior for students, teachers, and other members of educational community

What is covered by copyright?

literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings.


What is not covered by copyright?

ideas facts recipes blank forms stock literary devices works lacking originality (e.g. the phone book) names, titles or short phrases works from the federal government


Limitations on Copyright
Library and classroom exemptions
Fair use


Duration of Copyright
Copyright in a literary work, lasts for the Authors lifetime plus 50 years from the end of The calendar year in which the author dies 50 years for films and sound recordings 25 years for typographical arrangements of a published edition


Moral rights last for as long as Copyright and can not be assigned An author may waive his/her moral rights by signing an agreement to that effect


Ethics is a branch of philosophy which seeks to address question about morality, that is about concepts like good and bad, right and wrong, justice, virtue, etc.



The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest


About WIPO
WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations Its headquarters are in Geneva, Switzerland The Director General is Francis Gurry


Strategic Goals of WIPO

Balanced Evolution of the International Normative Framework for IP Provision of Premier Global IP Services Facilitating the Use of IP for Development Coordination and Development of Global IP Infrastructure World Reference Source for IP Information and Analysis


International Cooperation on Building Respect for IP Addressing IP in Relation to Global Policy Issues A Responsive Communications Interface between WIPO, its Member States and All Stakeholders An Efficient Administrative and Financial Support Structure to Enable WIPO to Deliver its Programs


World Intellectual Property Day - April 26


On World Intellectual Property Day this year, WIPO's focus is on promoting green innovation as the key to a secure future.

Collection of Laws for Electronic Access(CLEA)

CLEA database provide access to intellectual property legislation from wide range of countries and regions as well as to treaties on intellectual property. Acts of USA Malaysia Bangladesh



Infringement Penalties
$250 - $10,000 per infringement for standard violations Up to $250,000 per infringement for serious violations Software infringement - now a felony Employees can lose their jobs. Teachers can lose their teaching certificate!


Who is liable?
Classroom Teachers Library Media Specialists Principals Curriculum Coordinators Superintendents Boards of Education


Indirect Liability
Contributory (Library Media Specialists) Checked out equipment Checked out resources Vicarious (Library Media Specialists, Administrators, Others) Knew of infringement but did not report it


but I didnt know!

Called Innocent Infringement Occurs when infringer was unaware that material was copyrighted No excuse if work properly displays copyright notice Since 1976 all works considered copyright protected


What is Fair Use?

Gives certain users conditional permission to use copyrighted materials if certain criteria are met Protects freedom of speech Promotes public benefits like education Applies to all types of media


Educational Exemption, but

Not free license to copy anything you want Cannot copy in place of purchasing Cannot copy in anticipation of purchasing Cannot copy in anticipation of a request Allows for spontaneity of use


Copyright Act: Section 107

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
Fair Use Provision 107 & 108 of U.S. Copyright Act


4 Key Factors of Fair Use

Purpose and character of the use Nature of the copyrighted work Amount and substantiality of the portion used in relation to the copyrighted work as a whole Effect of the use upon the potential market for or value of the copyrighted work

Factor 1: Purpose
Key Issue: How are you using the work?
Remember that nonprofit education purposes is the critical language Evaluate the works purpose in your lesson plans


Factor 2: Nature
Key Issue: Some works are deemed more copyright worthy than others
Using factual works is often more permissible than using fictional works Using published works is often more permissible than using unpublished works


Factor 3: Amount
Key Issue: Is the amount & portion of the work used reasonable in relation to the purpose of the use, i.e. no more taken than was necessary
Evaluate the percentage of work used Evaluate the critical or key portions of the work


Factor 4: Effect
Key issue: Will your use of the work be financially beneficial to you OR prevent the creator from financially benefiting?
Evaluate if your use harms the creator current or potential profits Evaluate if you will profit financially from using the creators work


Beware the Fair Use Excuse

Never assume that your use falls under the fair-use exception! Saving money is not a sufficient excuse Laziness can be a trap!


Get it in writing!
Still unsure? Just ask for help from a knowledgeable source When you need permission from the creator, request it! Faxed or mailed permission is best Always ask permission before you use the work

Theres always an exception

Work for hire does not belong to the creator An employer may own your intellectual property possibly even work you do on your own time

Specifics on Fair Use

So what exactly can teacher do?


Print Resources
For research, teaching, or lesson preparation a teacher may copy...
One chapter from a book One article from periodical or newspaper Short story, short essay, short poem Chart, graph, diagram, drawing, cartoon, or picture from book, periodical, or newspaper


Print Resources (Cont.)

A teacher may not...
Copy to create or to replace or to substitute for anthologies, compilations, or collective works. Copy from consumable products Copy to substitute for purchasing resources Copy at direction of superior, i.e. principal Copy same item each semester


Print Resources (Cont.)

A teacher may make multiple copies for classroom use if...
only one copy of each item per student is made (classroom set) each item copied is for classroom discussion each copy includes a notice of copyright each item meets the three tests for copying...


Internet Materials
Unless specifically stated, everything is copyright protected Fair Use guidelines apply May not take material from one site and re-post it to another Internet site May post on a protected school/district intranet May include links to other sites under implied public access


Multimedia Projects
Moving Images: Video, Laserdisc, DVD Still Images: Graphics, Scanned images, Photos, Pictures Music: Tapes, CDs, Computer Software: CD-ROM Internet


Multimedia Projects (Cont.)

Student may:
Use copyrighted works in multimedia projects Perform and display multimedia projects for academic assignments Include their multimedia projects in electronic portfolios for assessment purposes


Multimedia Projects (Cont.)

Best practice:
Invest in copyright free images, music & video clips created especially for multimedia projects Use royalty-free images, music & video clips available on Web


How much can I use?

Motion images - up to 10% or 3 minutes whichever is less Text - up to 10% or 1000 words - whichever is less Music - up to 10% or 30 seconds, whichever is less


How much can I use?

Photos and images - up to 5 works from one author; up to 10% or 15 works, whichever is less, from a collection Database information - up to 10% or 2500 fields or cell entries, whichever is less


Bruwelheide, J. H. (1995). The Copyright Primer for Librarians and Educators. New York: American Library Association. Bielefield, A. & Cheeseman, L. (1999). Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. New York: Neal-Schuman Publishers Simpson, C. M. (1994). Copyright for School Libraries: A Practical Guide. CA: Linworth Publishing. ppt. slides of Dr. Abdul Malek Abdul Karim about copyright & wrong.


http://www.wipo.int/about-ip/en/index.html http://en.wikipedia.org/wiki/Ethics Intellectual Property in the 21st Century - The Japanese Experience in Wealth Creation Intellectual Property and Small and Medium-Sized Enterprises Electronic Commerce Programs and Activities Internet Domain Name Disputes: Questions and Answers Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore