Professional Documents
Culture Documents
Presentation
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
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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
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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
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Limitations on Copyright
Library and classroom exemptions
Fair use
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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
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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
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Ethics
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.
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WIPO
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
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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
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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
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On World Intellectual Property Day this year, WIPO's focus is on promoting green innovation as the key to a secure future.
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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!
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Who is liable?
Classroom Teachers Library Media Specialists Principals Curriculum Coordinators Superintendents Boards of Education
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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
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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
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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
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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
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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
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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
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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
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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
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Multimedia Projects
Moving Images: Video, Laserdisc, DVD Still Images: Graphics, Scanned images, Photos, Pictures Music: Tapes, CDs, Computer Software: CD-ROM Internet
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