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  • pg 1
									The Program Works

                     Ethics and
The land of law, ethics and
Copyright, public domain and fair use.

• Internet, magazines and newspapers provide ample
  opportunity for staffs to pluck images, logos and
  information for their own use
• It is illegal for staffs to use this work because of copyright
• Copyright laws protect the intellectual property of those
  who create and own the work
• Taking and using the work of others is similar to plagiarism
Creativity has ownership.

• Copyright laws exist to prevent the unauthorized use of
  intellectual property
• Intellectual property includes original works such as literary
  works, movies, music or sound recordings, paintings or
• Yearbook staffs cannot use something that has been created by
  others simply because they can access it
• Copyright law provides protection for individuals for their lifetime
  plus 70 years
• Copyright laws protects corporate owners even longer
Creativity has ownership.

• What yearbook staffs cannot use:
  – Photographs of celebrities from the Internet, newspapers or
  – Cartoon characters still under copyright
  – Music lyrics from current songs
  – Text from poetry, novels, short stories or other intellectual
    property that is still under copyright
What’s OK to use?

• Older works that are in public domain
• Public domain means that no one has ownership of these
• Examples of work in public domain are:
   – The works of William Shakespeare
   – The artwork of Vincent van Gogh
   – The inventions of Thomas Edison
• Examples of works that are not in public domain (can only be
  used with specific permission) are:
   – Songs written by the Beatles
   – Photographs by current photographer Annie Liebovitz
What’s OK to use?

• To use copyrighted material, the staff must request and be given
  permission to use the material
• Saying that the material is copyrighted by TIME magazine or
  Counting Crows is not enough
• Using “courtesy of” is not permission
What’s OK to use?

• Disney owns the images of all the characters it has developed
  as well as the concept for its theme parks
   – No one may copy its rides or the names of those rides
   – Others may create theme parks and have similar ideas but
     they must be different enough that no one is confused
   – A yearbook staff cannot have Cinderella and her wicked
     step-sisters and fairy godmother cavorting through their
   – A yearbook staff can, however, use the words “It’s a small
     world” as long as it didn’t replicate the logo for the ride, use
     the characters in the ride or the words from the song
What’s OK to use?

• Words can be trademarked or registered
  – “Threepeat” is registered to NBA coach Pat Riley. Anyone
    who uses it for commercial purposes is expected to pay
  – Chili’s “Get in. Get out. Get on with your life.” is registered
        o   Use of the Chili’s chili pepper would be copyright infringement
        o   Drawing your own chili would be OK
What’s OK to use?

• Students can create their own images as long as they are not
  too similar to the original ones
   – Staffs may create a mouse or a panther but they must be
      different than Mickey or Minnie Mouse or the Pink Panther
What is acceptable use?

• Fair use allows for some limited use of copyrighted material
   – Use for educational purposes and for non-profit
      organizations allows limited use in a reasonable way
• A few lines of lyrics from a song could be considered reasonable
• The use of a whole verse would probably be too much
• Regardless of how much is used, the material must always be
What is acceptable use?

• Copyrighted material may be used to illustrate a story
• The debut of “Friday Night Lights” put Odessa Permian High
  School in the limelight
   – To show the breadth of the coverage, the staff took pictures
     of publication fronts and stories and ran them as graphics in
     the book
   – No actual photos or stories from the original publications
     were run in the coverage
What is acceptable use?

• Fair use would allow a staff to take photos of CD covers to
  illustrate the top five CDs for the year
• Fair use would allow the covers of books to be used to show
  what the readings were for English classes
• In each of these cases, the images are being used to inform and
  complete the story
What is acceptable use?

• Photos in magazines, newspapers or on Web sites belong to the
  publisher or the photographer
• Web sites often have Terms of Use policies that tell how
  materials can be used
• Even without a Terms of Use policy, staffs do not have the right
  to use the information, graphics or elements
Student Activity
  Visit the U. S. government Web site

  Divide the staff into groups of three or four and have each
  group research and explain what it learns about one of these
    a. What is copyright?
    b. What works are copyrighted?
    c. What is not protected?
    d. How long does copyright protections endure?
Student Activity
  Have students use search engines to determine which sites for
  the following are official and which are not:
    a. James Bond
    b. The Beatles
    c. The Pink Panther
Student Activity
  Write a policy for dealing with copyrighted materials and for
  researching whether something is copyrighted.

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