Running head: IX562 UNIT 2 ASSIGNMENT

IX562 Unit 2 Assignment Linda Staten Kaplan University

IX562 UNIT 2 ASSIGNMENT My Districts Copyright/ Fair Use Policy I. The Overview

A "copyright is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used" (Fishman, 2008, p. 6).The intent of copyright is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works (Loren, 2000, para. 12). Rule for copying based on Fair Use: Copying by instructors must meet tests for brevity and spontaneity:

Brevity refers to how much of the work you can copy. Spontaneity refers to how many times you can copy and how much planning it would take to otherwise seek and obtain permission from a copyright holder (U.S. Copyright Office, 2009, p. 6).

According to the rule, the need to copy should occur closely in time to the need to use the copies. If you use something repeatedly, it is less likely to be considered fair use. The expectation is that you will obtain permission from the copyright holder as soon as it is feasible. Using something over a period of multiple semesters or years is not within the spirit of the fair use exception. In addition, there are recommendations for what the U.S. Copyright Office calls "special" works.

"Certain works in poetry, prose, or in poetic prose which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety" (U.S. Copyright Office, 2009, p. 6). Special works should never be copied in their entirety. An excerpt of no more than two pages or 10 percent, whichever is less, is the rule for special works (U.S. Copyright Office, 2009, p. 6).

The use of the copies should be for one course at one school. The copies should include a notice of copyright acknowledging the author of the work (U.S. Copyright Office, 2009, p. 7). II. Assessing Ownership/ Obtaining Permission A. Ownership U. S. copyright law, grants ownership of a creative product to several different types of owners:

(a) Initial Ownership. Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are co-owners of copyright in the work. (b) Works Made for Hire. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title,

IX562 UNIT 2 ASSIGNMENT and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright. (c) Contributions to Collective Works. Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series. B. Permission

Copyright refers to the laws that protect the interests of those who own creative works, whether text, music, artwork, software, or any other creative product. Under U.S. copyright law, the copyright owner is granted exclusive rights to the product and to the financial gain resulting from the product that he/she creates, owns, or distributes for a specified length of time. Other individuals cannot copy any product without the permission. Writing for permission requires that you composed a letter on school letterhead that requests permission to use the work in question. You would need to include information as to when you would use the work, how often, how you would use it and why. It is best to include an example of how the work will be incorporated into the lesson. Permission, once requested, must be received from the copyright holder before the product can be used. Be sure to give your school administrator a copy of the letter granting you permission when you receive it. You should keep your copy of the permission letter filed in a secure location and available for viewing as long as you are using the copyrighted product (Stanford University, 2012, p. 1).

III.

Obtaining copyrights/ Infringement Penalties A. Obtaining Copyrights 102 . Subject matter of copyright: In general28 (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music;

IX562 UNIT 2 ASSIGNMENT (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. B. Infringement Penalties (U.S. Copyright Office, 2012, p. 1)

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term anyone includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity. (b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright. (c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station. (d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111(c)(3), the following shall also have standing to sue: (i) the primary transmitter whose transmission has been altered by the cable system; and

IX562 UNIT 2 ASSIGNMENT (ii) any broadcast station within whose local service area the secondary transmission occurs.

(e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119(a)(5), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station. (f)(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station. (f)(2)A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that television broadcast stations rights under section 338(a) of the Communications Act of 1934 (U. S. Copyright Office, 2012, p. 1). Guidelines for Distance Learning and Electronic Media 1. If you are using multimedia works that contain copyrighted information, your audience must be told. This statement should appear on the first page or on the first slide of your presentation and should include the permission statement of the owner or should state that you are using said media under fair use guidelines. Copyrighted materials being used should contain the copyright symbol; a c enclosed in a circle, every time they are used. These items must also be cited on the page or slide of the copyrighted work or on a bibliography page located at the end or the written document or on the last slide of the presentation (University of Maryland University College [UMUC], 2012, p. 1 2. Distance learning Distance education, , dlearning, or D-Learning is a mode of delivering education and instruction, often on an individual basis, to students who are not physically present in a traditional setting such as a classroom. Distance learning provides "access to learning when the source of information and the learners are separated by time and distance, or both."[1] Distance education courses that require a physical on-site presence for any reason (including taking examinations) have been referred to as hybrid[2] or blended[3] courses of study. Massive open online courses (MOOCs), aimed at large-scale interactive participation and open access via the web or other network technologies, are a recent development in distance education. 3. Electronic media are media that use electronics or electromechanical energy for the end-user (audience) to access the content. This is in contrast to static media

IV.

IX562 UNIT 2 ASSIGNMENT (mainly print media), which today are most often created electronically, but don't require electronics to be accessed by the end-user in the printed form. 4. Distance Learning and Electronic Media Specific Information a. History of Electronic Media Development
Transmission Wire and transmission lines Telegraph 1795-1832 Facsimile 1843-1861 Telephone 1849-1877 Coaxial cable 1880 Fiber Optics 1956-1970 o Wireless Radio 1897-1920 Satellite 1958-1972 Free Space Optics 1960s o Internet Downloading 1969 (first protocols for transferring files ) Live Streaming 1996 (RTP protocol) o

Electrical Signal Processing o Capture 1745 (Capacitor) o Analog methods of Encoding 1830s (Morse code) o Electronic Modulating 1832-1927 o Electronic Multiplexing 1853 (TDM) o Digitizing 1903 (PCM Telephone) o Electronic Encryption 1935-1945 o Online Routing 1969 o Electronic Programming 1943-current

Display and Output o Information Processing 1940s (Term) o Galvanometer 18 o Telegraph Sounder 1844 o Telephone Receiver 1849-1877 o Light red 1801-1883 o Neon 1893-1902 o Teleprinter 1910 o CRT 1922 o Radio/Television Tuner 1894-1927 o Speaker/Headphones 1876-1928/1930s o LED/LCD 1955-1962/1968 o Laser Light Show 1970s o Computer Monitor 1950s/1976 (for PCs) o Large Electronic Display 1985 o HDTV 1936 (Term) 1990s (Standards) o HMD 1968-current

Electronic Information Storage o Recording Medium Punched card and Paper Tape 1725/1846 Phonograph Cylinder and Disk 1857-1958 Film 1876-1889 Magnetic Storage 1898-2003 RAM 1941-current Barcodes 1952/1973 (UPC) Laser Disc 1969-1978 Compact Disc/DVD 1982/1993-current o Content formats Content (media) 1877-current Audio Recording 1877current Video Recording 1952current Digital File Formats Database Content and Formats 1963-current Interactivity o Control Panel o Input Device o Game Controller o Handheld o Wired Glove o Brain computer interface (BCI)

IX562 UNIT 2 ASSIGNMENT b. Primary uses of electronic media

Journalism o News Commerce o Marketing o Advertising o Barker channel o Digital signage o Graphic Design Education o Professional Training Science Engineering Fine Art o Digital Art o Digital photography o Experimental music o Video Industry o Corporate Communication s o Business Presentations o Telecommuting Software Interfaces Computer Simulations Virtual Reality Entertainment o Movies o Music o Television o Video Games Government o Infrastructure Communications Transportation Public Services Community bulletin board o Military Nonprofit Services

c. Describe different types of Media The primary electronic media sources familiar to the general public are better known as video recordings, audio recordings, multimedia presentations, slide presentations, CD-ROM and online content. Most new media are in the form of digital media. However, electronic media may be in either analog electronic data or digital electronic data format. Any equipment used in the electronic communication process (e.g. television, radio, telephone, desktop computer, game console, handheld device) may also be considered electronic media.

d. What is and is not allowed by Educators? The fair use guidelines applied primarily to traditional classroom instruction, before 2002. These guidelines allowed educators to enjoy a fairly liberal right for the use of copyrighted materials. This was not true however, if the materials were to be broad-cast. Use of copyright- protected materials was much more restricted if the material was to be shared electronically. This caused inconsistencies in the educational use of materials through traditional versus computer- mediated instruction or distance learn-ing. Because of this course of events, in 2002, the Technology, Education, and Copyright Harmonization (TEACH)Act was passed in order to start a process intend-ed to unifying the digital world. The TEACH Act provides for expansion of the range of materials allowed, the number of locations receiving the materials, and the right to digitize materials from other formats provided they meet the acts very specific requirements.

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The terms for use of copyright-protected materials under the TEACH Act are not quite as liberal under the fair use as they are for traditional instruction, this act did begin to resolve some of the issues associated with applying copyright law and fair use to education in the Digital Age.

IX562 UNIT 2 ASSIGNMENT References Bern Dibner Library of Science & Technology. (2012). Copyright & Fair Use. Retrieved from http://poly.libguides.com/content.php?pid=59733&sid=442218 Distance Learning. (2013). Retrieved from en.wikipedia.org/wiki/Distance_education Lever-Duffy, J., & McDonald, J. B. (2011). Teaching and Learning with Technology (4th ed.). Boston, MA: Pearson Education Inc., publishing as Allyn & Bacon. Stanford University. (2012). Copyright & Fair Use. Retrieved from http://fairuse.stanford.edu/ U. S. Copyright Office. (2012). Copyright law of the United States. Retrieved from http://www.copyright.gov/title17/

U.S. Copyright Office. (2012). Fair use. Retrieved from http://www.copyright.gov/fls/fl102.html University of Maryland University College. (2012). Copyright and fair use in the UMUC online or face-to-face classroom. Retrieved from http://www.umuc.edu/library/libhow/copyright.cfm Walter, A. M., & Brim, J. (2012). Copyright for Teachers & Librarians. Retrieved from http://users.mhc.edu/facultystaff/awalter/brimsite/

For more information view these sites: Copyright Clearance Center www.copyright.com/ Crash Course in Copyright www.utsystem/edu/ogc/intellectualproperty/cprtidx.htm

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