1) Copyright
2) Plagiarism

Definition of Copyright
Sect. 107 Copyright Act of 1976
Notwithstanding the provisions of sections 106 & 106A, the fair use of copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting,

Factors in determining fair use

Some implications

Artistic Standards & Copyright
20% or 5- Element Rule

A work is considered to be a "new" work or artistic composition if 20% of the image and/or 5 major elements are changed.

Comments on Artistic Standard

The Mona Lisa is the most altered artwork.

Andy Warhol didn't violate copyright when he stacked cans of Campbell's soup and made a new work. The soup cans were a registered trademark.

It's best to use your own work or a new design.

Asking is easiest - many times photographers, web page designers, etc. will allow their work to be reused for educational purposes.

Court Cases

Basic Books vs. Kinko's (S.D.N.Y. 1991)

Kinko's was held to be infringing copyrights when it photocopied book chapters for sale to students as course packets for their university classes.

The court analyzed word and found that 5 to 25% of the original full book was excessive, thus a violation.

Encyclopedia Britannica v. Crooks (1982)

For-profit producers of educational motion pictures and videos sued a consortium of public schools which was systematically recording programs as they were broadcast on PBS stations and providing copies to member schools.

Although work was for educational purposes, the schools were retaining copies for 10 years thus competing with the license.

Maxtone-Graham v. Burtchaell (1987)

Plaintiff wrote a book based on women's stories of abortions in 1973; she denied the defendant to use her excerpts. The defendant proceeded anyway.

Court found that quoting 4.3% of the author's work was not excessive - thus no case.

Information management

Adapted from:
Copyright and Information Management
Robertta H. Barba
San Jose State University
Copyright 1999
Used with permission from author

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