Brought to you by the interested and concerned staff of your Library Resource Center.
| US Copyright Law | Plagiarism | Reporting Violations | | Students | Teachers | Links |
| Media Guidelines |
Research for writing papers, speeches, or oral presentations is a major activity in our school. As a result, many students and staff are engaged in the process of obtaining information or using resources from a wide variety of sources, many of them on the Internet. So, it never hurts to be reminded of what is "legal" and what is "illegal". Plagiarism falls under the "illegal" designation. It is taking someone else's work and presenting as your own. It is stealing. It is also a violation of copyright law. For clarity, please remember the following:
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ANYTHING that is created and in a "fixed
medium" (viewable or hearable format) is automatically protected by U.S.
copyright law . Whether the item is labeled copyrighted or not,
it still "belongs" to someone -- the creator. |
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U.S. copyright law indicates that if
anyone takes something that is copyrighted (be that words, images, sounds,
ideas, etc.) without the express permission of the creator (or copyright
owner) then that person is in violation of copyright laws and is liable
for punishment under the law unless the use is permitted under the "fair
use" exemption. |
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Libraries and educational institutions
(which includes students and teachers) are allowed certain exemptions
to the copyright laws. These exemptions are embodied in what is called
the "Fair Use"
Guidelines. There are specific
conditions which must be met for use of anything to be considered "fair
use". |
| Teachers are now required by the 1998 copyright law to teach students about these laws and guidelines and to insure students give proper credit for what they use in their papers and multimedia presentations. |
It is always a good idea to check
all resources you use for copyright restrictions or permission or conditions
for use. Many materials are available for educational utilization
free or with a minimum of effort on the part of the user.
FOR STUDENTS
- Whenever you find information you want to use in or on a project, ALWAYS keep a record of the bibliographic information (author/creator, complete title, place of publication, publisher and copyright date) and where you located it (which library, what call number, complete website, etc.).
- Give credit in the text of your document, on your Works Cited Page, or on a Credits page for everything that you use. Don't just paraphrase. Use quotes. Include copyright information beside or under images (photographs, charts, maps, pictures, graphics).
- Try to use graphics from web pages or resources which clearly give you permission to use their materials freely. Otherwise you should get permission if you use their materials in your project. At the very least you MUST give credit for where and from whom you have borrowed the material. [This really applies to pictures or images that you use in reports, on posters, on web pages, or in PowerPoint presentations.]
- You are entitled to make ONE copy of articles, etc. for personal use when you are working on school assignments. This does not mean, however, that you can make other copies of the same item for your friends or that you can post that copy onto a web page or in a PowerPoint presentation. Check the document from which you obtained the item. Does it give any directions regarding use or copyrights? If so, you should pay attention to those directions.
- If you need to use a graphic or photograph for a presentation make sure you include the following information next to the image: the letter "c" or the word "copyright", the name of the creator of the image, then the copyright date. If this information is not available in or on your source, you can list the bibliographic information or web address of the source.
You should also include on the first screen or slide or your presentation the words "Items used in this presentation are subject to fair use restrictions and are not available for copying."
FOR TEACHERS
- The same rules for using copyrighted materials apply to teachers the same way they apply to students. You must also get permission to use ideas, words, images, etc. in your presentations, papers, and materials.
- Teachers who use copied materials in their classes and for educational purposes qualify for "fair use" exemptions as long as they remain within the parameters laid out in the copyright law. The parameters are called the " four conditions test". These four conditions include
The purpose and character of the use is for non-profit education; The work is nonfiction and published; The amount and substantiality of the copying (as it relates to the work as a whole) is such that the essence of the work is not captured (i.e., brevity of the portion copied); and The copying will not damage the market for the work. (It is especially important that you not copy to avoid paying for the work.)
- As a teacher, the law requires you to teach your students what they can and cannot do with regards to copyright. You are also expected to model the behavior expected from your students. It is important that you keep yourself informed as to what the law says and what the district recommends in terms of punishments for violators.
- If you are fortunate enough to take the things you do in your classroom "on the road" to conferences and professional meetings, be sure you are aware of the permissions you have acquired. For example, you can copy many things freely for use in your classroom, but if you take that same material to a venue where you are paid to present you may be violating the "fair use" exemption. (So, be sure you have written permission to copy whatever you share with others outside the classroom!)
- To make sure your students are not copying without permission, you will want to review what plagiarism is and how it relates to the proper use of copyrighted materials. If you suspect a student of turning in reports containing plagiarized material, consider using one of the online services which checks for this type of misuse.
If you would like additional information on this topic, please check out the websites listed below. Each one will either further explain the in's and out's of copyright and plagiarism or give examples of what should or should not be done using copyrighted materials.
REPORTING COPYRIGHT VIOLATIONS
While there doesn't appear to be a single entity charged with monitoring or enforcing all copyright violations, there are several agencies to which you can report what appears to be piracy or outright theft of intellectual property. The information below comes from the Copyright Office. The CO also recommends anyone who discovers a copyright violation should "notify the owner of the copyright of your discovery."
| To report criminal infringement of copyright | Contact: The Intellectual Property (IP) Program of the Financial Institution Fraud Unit of the FBI |
| To learn about the IP Program | Contact: The IP Program information page |
| To report piracy of motion pictures | Contact: Motion Picture Association of America |
| To report piracy of music | Contact: Recording Industry Association of America |
| To report piracy of video games or software | Contact:
Interactive Digital
Software Association or the Software Publishers Association |
| To report copyright violations or fraud conducted at Ebay | Contact: Ebay |