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Q: What is copyright and what is copyright violation?
A: Copyright is the exclusive right by an author, artist, musician or publisher to own his/her creative work for a prescribed number of years. Copyright violation or infringement is the instance of using or reproducing somebody's creative work without their permission.
Q: Why does the Global Virtual Classroom Project Manager have to worry about this? Isn't it the responsibility of the teachers to decide what's copyrightable and what isn't?
A: Short answer: It's the responsibility of the Project Manager to make the Global Virtual Classroom the best online experience you and your students could possibly have. It is not just a matter of legal "culpability." All our recommended guidelines and tips are there for you to maximize benefits, and save you time and trouble or bad publicity for your school. It is also a teaching/learning point for students.
Long answer: In fact, nobody seems to have the definitive answer to that "responsibility question" right now. Laws pertaining to copyright issues and the Internet are still being written.
That means that since Global Virtual Classroom provides the Web server space on which all participants publish their GVC Web sites, it may be found liable as an "accomplice" to any team's copyright infringement, and might have to pay damages. That certainly would hinder and complicate our ability to organize and provide a free high-quality online program like GVC. Again, none of this is law yet, but it could be soon. The other problem is we don't know the copyright laws of every country your Web sites will reach.
Q: 99% of the Web sites out there have copyright violations. Aren't you being unnecessarily strict?
A: We believe it's important to set a good example concerning this controversial issue. Since we're teaching children about the Internet, they should learn about the responsibilities of using it, such as protecting privacy and intellectual property. We certainly would not want any GVC participating schools to get into trouble. We hope you wouldn't want us as the organizer and Web host of this program to get into trouble either.
By following strict guidelines, we -- meaning GVC schools, participants and organizers -- can minimize possible legal problems now and in the future. The Web sites made this year will be on the Web for a very long time.
Q: What is "fair use?"
A: "Fair use" is a doctrine in copyright law that allows the use of portions of printed copyrighted material for educational purposes. The current laws were established before the Internet existed, however, and assume the teacher is using only a small portion of the material in class and making only enough copies for his or her students. Lawmakers still haven't determined how "fair use" would pertain to educational Web sites, which allow distribution of the material to people far beyond the classroom. Therefore, nobody knows if "fair use" can be applied to Web sites, even those published by schools or teachers.
Q: Aren't educators and schools exempt from copyright laws?
A: No, they are not. Many teachers ignore copyright laws or feel that any use of copyrighted material by them in class is "fair use," but that doesn't make them or their particular usage exempt. The claim of "fair use" is subject to legal interpretation. There are no set guidelines as to what use is considered "fair." Only a judge can determine that, and only on a case by case basis, which requires the judge to review all the facts and circumstances surrounding such a use.
Therefore we recommend following the Global Virtual Classroom Golden Rule of Copyright found at the top of this page.
Q: But we're not profiting from the photos of pop stars or other products we're putting on our site. In fact, they should appreciate the free publicity.
A: First, whether or not you're profiting doesn't change the law, it only changes the amount of damages for which you might be sued. Second, artists have the right to say how their images are used, especially for commercial purposes. It's called "rights of publicity." (Is an educational program sponsored by a company commercial or not? That's probably up to a judge to decide.) Don't assume they appreciate the free publicity -- ask.
Q: Do we need a copyright license to use a picture of the Mona Lisa? Are you afraid of being sued by Leonardo da Vinci? (He's dead, you know.)
A: Be aware that publishers hold copyrights too. If you took the photo yourself, you own the copyright. If you scanned it from a book or a postcard, then you need to contact the publisher to obtain the right to reproduce it. (If you want to debate the finer points, please talk to a lawyer. We are happy with the Golden Rule of Copyright as it is.)
Q: Do we have to get permission to publish facts?
A: No, but you should cite the source. For example, you might want to list the planets in our solar system and their distances from the sun. The cold, hard facts are not copyrightable. However, the way those facts are presented is copyrightable. For example, you might find a graphic that shows the planets and their distances in an original, interesting way. That particular graphic is copyrightable.
Q: How can I tell if an image is copyrighted or not?
A: You can't, so err on the safe side. Unless the owner of the copyright specifically states that he or she has given up all rights to the image by releasing it to the public domain, assume that it is copyrighted and you need permission to use it.
Q: We found images on a website and there wasn't any copyright message near it, such as "Copyright 2003 Joe So-and-so, All Rights Reserved, bla-bla-bla", so that means we can use them, right?
A: Wrong. Unless the author has given away the rights by placing it in the public domain, assume that it is copyrighted. In the USA and some countries, anything original created since March 1, 1989 is assumed to be copyrighted whether it has a notice attached or not.
Q: What is in the public domain and how do we know?
A: Public domain is a very complicated legal concept. Generally, a work last published more than 75 years ago (meaning not published again since) is now in the public domain. For instance, a book which was last published more than 75 years ago (and is now out of print) would generally now be in the public domain. Checking whether a particular work is now in the public domain, however, can be quite complicated. Any publisher can also have copyrights, not just authors or artists, and publishers can and often do renew copyrights. So don't assume that because the original creator is dead that there's no need to get permission.
Q: I want to use some animated gifs I found on another site. The author said it's OK and all we need to do is credit his work and make a link back to his site. Does this count as a copyright infringement?
A: As long as you show us proof (a signed document) that you have permission, you can use the images. See the sample form letter.
Q: My students drew pictures of Mickey Mouse and Bugs Bunny. Since we created the drawings ourselves do we own the copyright?
A: Legally your students' drawings of copyrighted cartoons are "derivative works," and only the holder of the copyright has rights to derivative works. You must ask Disney, Warner Brothers, etc. for permission to post your students' drawings of their cartoon figures on your website. The same rule applies if your students were planning to write a story about Mickey Mouse, Obi Wan Kenobi, or any copyrighted fictional character which was originally created by someone else.
Q: I asked the Web master of a fan site for Boyzone if I could use his photos and he said it was OK. So we're safe, right?
A: Wrong. He's probably violating copyright laws too. Even if he did get permission to use the photos on his site, he doesn't own the rights to the photos. You need to get permission from the same organization he did. Owning a copy isn't the same thing as owning the copyright.
Q: What if we use a portion of a photo someone else took and use it in an image that we make ourselves?
A: You need permission to use a copyrighted work or a portion of it. That means any part of a copyrighted work such as: quotes from a text, lyrics or melody from a song, parts of images. You may be the creator of something new and different, like a photo collage, but if your work includes pieces of other people's work, then you must credit them. Rap and hip-hop musicians, for instance, regularly "sample" famous songs, and they always credit these other musicians on their CDs.
Q: Will the GVC Project Manager help us track down the owners of copyrighted materials we want to use?
A: No. That is your responsibility. However, we have created a sample letter for you to submit to them.
Q: How do we show or prove if we obtained permission for copyrighted material?
A: Follow all three steps below:
1) Fax signed consent letter to GVC Project Manager after signed by copyright owner, or forward both the request and consent emails with headers intact.
2) Add credit lines alongside the materials or on the bottom of the page.
3) Publish a list or index of copyrighted works and where you obtained them on a "copyright permission and sources" page in your website.
Q: It sounds like we can't use anything in our website that we haven't created ourselves. It's too much trouble to find out who owns the copyrights to all the photos we were planning to use.
A: Hooray! We want your students to create as much original material as possible. Your students will be forced to be more creative and original than they anticipated. Don't forget, creativity/originality is an important criterion considered by Contest judges. Web sites with many copyright violations may be disqualified or will NOT receive high scores.
We also hope this proves to be a learning opportunity for you and your students about copyright laws and the Internet.
Q: What is the GVC Project Manager going to do if you find a GVC website with copyright violations?
A: 1) If the Project Manager does not find any permission or consent documentation, then we will notify the team and ask it to remove the copyrighted material from its website, or we will remove/block it ourselves. 2) Web sites with many copyright violations may be disqualified or will NOT receive high scores.
This Global Virtual Classroom Copyright FAQ provides general information only and is not intended to provide legal advice. The Give Something Back International Foundation shall not be responsible for any actions taken on the basis of the information provided herein.
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