CCausey_Copyright_Inservice_Training

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All information for this presentation was found in Carol Simpson’s 2010 book Copyright for Schools. When appropriate, I have included page numbers in parentheses. A complete citation is located at the end of the presentation.

Transcript of CCausey_Copyright_Inservice_Training

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All information for this presentation was found in Carol Simpson’s 2010

book Copyright for Schools.

When appropriate, I have included page numbers in parentheses. A complete citation is located at the end of the

presentation.

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“Notice: The following presentation contains copyrighted materials used under the Multimedia

Guidelines and Fair Use exemptions of U.S. copyright law. Further use is prohibited” (p. 122).

All images used in this presentation have Creative Common licenses. The license features vary for

each picture, but all allow for use in this presentation.

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Let’s face it:

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Let’s face it:Educators are thieves

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Let’s face it:Educators are thieves

Image by Pixabay.com

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Let’s face it:Educators are thieves

They may not steal money or jewelry or electronics, but many of them steal every day—sometimes without even knowing it.

Image by Pixabay.com

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Their stolen goods are copyrighted materials

Image by Pixabay.com

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Their stolen goods are copyrighted materials

Images by Pixabay.com and Seyfang

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Their stolen goods are copyrighted materials

which are protected by the Copyright Act.

Images by Pixabay.com and Seyfang

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ct It’s been around since George Washington.

Image by History Rewound

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ct It’s been around since George Washington. In fact, he signed the first copyright law (p. 1).

Image by History Rewound

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ct It’s been around since George Washington. In fact, he signed the first copyright law (p. 1).

1976 is when the

most recent version passed, but it has been revised almost every year since (p. 1).

Image by History Rewound

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ct It’s been around since George Washington. In fact, he signed the first copyright law (p. 1).

1976 is when the

most recent version passed, but it has been revised almost every year since (p. 1).

Copyright attempts to balance

the rights of the copyright holder and

the needs of the public, for the purpose of

advancing the progress of science and art (p. 36).

Image by History Rewound

Image by Winnifredxoxo

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Public Domain includes works that are… 1. not creative in nature2. created before 19233. created by non-humans4. and created by US

government employees as a part of their assigned jobs (pp. 10 and 12).

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ctCopyright owners do not have to apply for copyright; they are automatically given it as soon as a work is “fixed in tangible form,” such as writing a poem on paper. is not required (p. 7). Image by Seyfang

Public Domain includes works that are… 1. not creative in nature2. created before 19233. created by non-humans4. and created by US

government employees as a part of their assigned jobs (pp. 10 and 12).

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ct Fun Fact: The word “copyright” comes from the right of the holder to control copying of his/her content. Copyright today includes much more: the owned right to copy, adapt, distribute, public performance, public display, and digital transmission of sound recordings (p. 2).

Image by Seyfang

Public Domain includes works that are… 1. not creative in nature2. created before 19233. created by non-humans4. and created by US

government employees as a part of their assigned jobs (pp. 10 and 12).

Copyright owners do not have to apply for copyright; they are automatically given it as soon as a work is “fixed in tangible form,” such as writing a poem on paper. is not required (p. 7).

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Fair Use…

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Fair Use…includes exemptions to copyright (p. 35).

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Fair Use…includes exemptions to copyright (p. 35).

allows a balance between the rights of copyright holders and user for the purpose of promoting the advancement of knowledge (pp. 35-36).

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Fair Use…includes exemptions to copyright (p. 35).

allows a balance between the rights of copyright holders and user for the purpose of promoting the advancement of knowledge (pp. 35-36).

does NOT allow educators to copy and use whatever they want or need. This is a common misconception (p. 35).

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Fair Use: Four Factor Test

1. Purpose and character

2. Nature

3. Amount

4. Effect on market or value

Image by Swgn

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1. Purpose and character• Is it for nonprofit educational use? (p.38)• Is it for criticism, commentary, or news

reporting? (pp. 38-39)

Fair use would favor students using short clips of Jurassic Park to comment on how the science in the film is flawed. Extracting and replicating DNA from mosquitoes preserved in amber is not probable.

Fair use would NOT favor showing Jurassic Park after school to help raise money for the Science Club. Image by Swgn

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2. Nature• Is the work factual or creative? (p. 39)

• Is the work published or not? (pp. 39-40)

Fair use would favor using facts from a newspaper article in a lesson or project. Although, the way the newspaper writer arranges his/her words is creative, the actual events being reported on are facts.

Fair use would NOT favor summarizing, paraphrasing, and using quotations from an email. This is an unpublished work, and whether creative or not, content from emails cannot be used.

Image by Swgn

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3. Amount• Is a “significant amount” used? (p. 40)

– This subjective phrasing is difficult to understand. You’ll have to use common sense and err on the side of caution.

– Later in the presentation, I’ll give you more helpful and specific guidelines to follow with print sources.

Fair use would favor teachers copying 1 page of a 40-page manual for a robotics class.

Fair use would NOT favor teachers copying 20 pages of a 40-page manual for a robotics class. Image by Swgn

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4. Effect on market or value• Be Careful: Some courts have given this

criterion the heaviest weight (p. 41).• Consider this: “What would happen if everyone

were to…” (p. 43).

Fair use would favor a student using a small portion of a copyrighted photograph in his/her digital art, published in the free school newspaper.

Fair use would NOT favor using an entire copyrighted photograph in a student-created publication sold to students and parents, even if there is no profit.

Image by Swgn

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PrintImage by Brody

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Print

You may copy…

– Entire poems that are shorter than 250 words (p. 55)

– 250-word excerpts of poems longer than 250 words (p. 55)

– Articles, short stories, and essays less than 2,500 words (p. 55)

– 10% or 1,000 words (whichever is less) from longer works (p. 55)

– 10% or 2 pages (whichever is less) of picture books (p. 56)

– 1 chart, graph, drawing, cartoon, diagram, or picture per book or per periodical issue (p. 56)

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Print

A few other details

– Only 1 copy per student (p. 54)

– Include notice of copyright (p. 67)

– Copying should not substitute purchasing (p.53)

– You may not create anthologies (pp. 53 and 57)

– You may not copy consumables like workbooks (pp. 53, 56-57, 60)

– You may make copies in nine instances per school year (p. 57)

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Print

Are these acceptable uses of print materials?

A teacher wants her students to read 5 short stories, all shorter than 2,500 words. She copies them from several books and compiles a packet of the stories for her students.

A teacher makes 40 copies of a 2-page essay. He has 31 students, but he makes the extra copies because his students regularly misplace their papers.

A teacher copies 1 page of Fahrenheit 451 for his students in his robotics class to show them how Ray Bradbury conceptualized robotics. The book is 160 pages.

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Print

Are these acceptable uses of print materials?

A teacher wants her students to read 5 short stories, all shorter than 2,500 words. She copies them from several books and compiles a packet of the stories for her students.

– This is not acceptable. The teacher has created an anthology.

A teacher makes 40 copies of a 2-page essay. He has 31 students, but he makes the extra copies because his students regularly misplace their papers.

– This is not acceptable. The teacher is allowed to make 1 copy per student, not any extra.

A teacher copies 1 page of Fahrenheit 451 for his students in his robotics class to show them how Ray Bradbury conceptualized robotics. The book is 160 pages.

– This is acceptable. The teacher has copied less than 10% and 1,000 words of the book.

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Computer SoftwareImage by McLean, D.

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Computer Software

• Single-user software must remain single-user. Just because a program can be downloaded on several computers doesn’t mean it’s permissible (p. 158).

• Read software licenses, even the ones you click “I agree.” Ultimately, they will let you know what you can and cannot do. Software is covered by copyright and license agreements (pp. 155-156).

• You may make 1 archival copy of software. It should be stored away and only be used if the master copy becomes damaged (pp. 156-157).

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Computer Software

Are these acceptable uses of computer software?

A teacher purchases software to help his students understand statistics. The license agreement allows him to download the software on one computer, but he has two students in his last block who are struggling. He would like to download the software on two computers so they can both work.

An English teacher uses software that helps students improve their reading skills. She plans to retire this year and wants to give the software to the teacher replacing her.

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Computer Software

Are these acceptable uses of computer software?

A teacher purchases software to help his students understand statistics. The license agreement allows him to download the software on one computer, but he has two students in his last block who are struggling. He would like to download the software on two computers so they can both work.

– This is not acceptable. The license of this software does not allow this. The teacher will need to have the students take turns or purchase a 2nd copy of the software.

An English teacher uses software that helps students improve their reading skills. She plans to retire this year and wants to give the software to the teacher replacing her.

– This is acceptable as long as the retiring teacher does not retain any archival copies, and this is not prohibited in the license agreement.

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VideoImage by Finley, J.

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Video

Movies and documentaries can be used if they are…1. Legally acquired copies

• borrowing copies from students, libraries, and video stores is acceptable

2. Shown in a nonprofit setting • profit settings can even be those where money is taken but

no profit is made

3. Shown in a classroom or “similar place”• showing the movie Nixon while on an overnight trip to the

state capital would not likely constitute a “similar place”

4. Shown to support direct instruction• reward and enrichment are not direct instruction

5. Shown to support current instruction (pp. 77-81).

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Video

Are these acceptable uses of video materials?

A teacher is taking a group of students on a fieldtrip. To occupy her classes while she is gone, she leaves a copy of Fahrenheit 451. The students read the book a month ago, so the teacher knows the students will still be entertained by the movie.

A government and politics teacher shows students the movie Milk during class to support a discussion about the challenges of minority politicians, and their struggles to win elections and maintain their elected positions.

The Gay Straight Alliance club wants to show the movie Milkafter school to raise money for the Harvey Milk Foundation, a non-profit organization. Viewers can choose to make donations and all proceeds will go to the organization.

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Video

Are these acceptable uses of video materials?

A teacher is taking a group of students on a fieldtrip. To occupy her classes while she is gone, she leaves a copy of Fahrenheit 451. The students read the book a month ago, so the teacher knows the students will still be entertained by the movie.

– This is not acceptable. Showing the film has to be directly related to what students are currently learning. The film cannot be related to a past or future lesson, nor can it be shown to entertain.

A government and politics teacher shows students the movie Milk during class to support a discussion about the challenges of minority politicians, and their struggles to win elections and maintain their elected positions.

– This is acceptable. All 5 requirements are met.

The Gay Straight Alliance club wants to show the movie Milk after school to raise money for the Harvey Milk Foundation, a non-profit organization. Viewers can choose to make donations and all proceeds will go to the organization.

– This is not acceptable. This is not considered a nonprofit setting, nor does it count as a “similar place” educational setting. We also cannot assume that the Harvey Milk Foundation owns the copyright to the film or that the owners would approve of this use (although, I would encourage reaching out to them to find out).

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AudioImage by Atlas, T.

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Audio

This presentation will focus on using music in multimedia presentations (e.g., PowerPoint, Prezi, and Google Slides).

• Music, lyrics, and music videos may be used in educationally-based presentations (p. 120).– Non-education uses include a snippet of Queen’s

“We Are the Champions” in a PowerPoint highlighting the success of a school’s athletic program.

• 10% or 30 seconds, whichever is less (p. 120).

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Audio

Are these acceptable uses of audio in multimedia?

At an afterschool fair, the sponsor of the Democratic Club wants to promote the club by looping a PowerPoint with pictures and club information, and Fleetwood Mac’s “Don’t Stop” playing in the background.

A history teacher wants to incorporate 30-second clips of several songs from the 60s that encapsulate the historical social revolution of the decade.

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Audio

Are these acceptable uses of audio in multimedia?

At an afterschool fair, the sponsor of the Democratic Club wants to promote the club by looping a PowerPoint with pictures and club information, and Fleetwood Mac’s “Don’t Stop” playing in the background.

– This is not acceptable. The music is not being used in an educationally-based presentation. Also, the entire song is being used, not just 30 seconds.

A history teacher wants to incorporate 30-second clips of several songs from the 60s that encapsulate the historical social revolution of the decade.

– This is acceptable. The educational and length requirements are met.

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InternetImage by Photosteve101

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Internet

• Just because information on the Internet is published for all to see does not mean it is permissible for all to take.

• The Internet does not have specific guidelines like print materials. We should rely on the four factor test (p. 136).

1. Purpose and character2. Nature3. Amount4. Effect on market or value

• Educators may not redistribute webpages. They may, however, post links (p. 133).

• Emails are private communications, not published materials, so they cannot be forwarded or edited without permissions of the authors (pp. 133 and 140).

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Internet

Are these acceptable uses of Internet materials?

A teacher receives an email from a parent discussing a concern about her child being bullied. The teacher forwards the email to the child’s counselor.

– Even in serious situations like this, teachers should not forward emails. The teacher’s hands are not tied, however. She can and should still respond to this serious issue by asking the parent’s permission to forward the email, talking to the counselor/administrator about the problem, and/or talking to the students.

Students want to use quotations from several New York Times articles to support their theses about school bullying becoming an increasing problem.

– This is acceptable as long as only a small amount of the work (factor 3: 10% or 1,000 words—whichever is less) is used.

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Consequences

Image by Coghlan

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ConsequencesCopyright is federal law, and breaking this law can result in criminal and civil consequences:

Image by Coghlan

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Consequences

Educators can lose their jobs if determined by the school board (p. 25).

Copyright is federal law, and breaking this law can result in criminal and civil consequences:

Image by Coghlan

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Consequences

Educators can lose their jobs if determined by the school board (p. 25).

Educators can be fined from $200 to $250,000 per offense (p. 193).

Copyright is federal law, and breaking this law can result in criminal and civil consequences:

Image by Coghlan

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Consequences

Educators can lose their jobs if determined by the school board (p. 25).

Educators can be fined from $200 to $250,000 per offense (p. 193).

The infringer can be taken to court. Most cases are settled out of court, but, even so, the pretrial time and attorney fee investment can be staggering (pp. 24 and 193-194).

Copyright is federal law, and breaking this law can result in criminal and civil consequences:

Image by Coghlan

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Consequences

Educators can lose their jobs if determined by the school board (p. 25).

Educators can be fined from $200 to $250,000 per offense (p. 193).

The infringer can be taken to court. Most cases are settled out of court, but, even so, the pretrial time and attorney fee investment can be staggering (pp. 24 and 193-194).

Although rare and only in extreme acts, infringers can face prison time (p. 194).

Copyright is federal law, and breaking this law can result in criminal and civil consequences:

Image by Coghlan

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Consequences

Educators can lose their jobs if determined by the school board (p. 25).

Educators can be fined from $200 to $250,000 per offense (p. 193).

The infringer can be taken to court. Most cases are settled out of court, but, even so, the pretrial time and attorney fee investment can be staggering (pp. 24 and 193-194).

Although rare and only in extreme acts, infringers can face prison time (p. 194).

Administrators and school districts do not have to participate in copyright infringements to suffer the consequences of them (p. 193). If a teacher is targeted, he/she is usually just the starting point (p. 19).

Copyright is federal law, and breaking this law can result in criminal and civil consequences:

Image by Coghlan

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Hands-on Assessment

An example of a compliance: Students want to use quotations from several New York Times articles to support their theses about school bullying becoming an increasing problem.

In pairs, write 2 education scenarios that comply with copyright law and 2 that break copyright law.

In 15 minutes, we will share. You will read your scenarios, and we will determine whether they comply or break copyright law. Image by AJC1

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Thank you!• This presentation was not exhaustive, but I’m

sure it was still overwhelming.

Image by Causey, C.

• I am always here if you need help or have a question.

• I am also thrilled to teach copyright to your classes.

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ReferencesSimpson, C. (2010). Copyright for schools: A practical guide (5th Ed.). Denver, CO: Linworth.

ImagesAJC1. (2010, May 11). Collaboration. © 2010. Retrieved from https://www.flickr.com/photos/ajc1/4598283411/in/photolist-81kpst-8U38eb-8PpkQt-78JmqH-8PtBvS-8X6U3j-8X6U35-93jnYo-4S4YJg-8foVgY-5gSnxx-dWk7hb-9ad9Pe-7ecxTj-7FH6bY-91WSP7-oVoPYB-8n3Cg8-vGtnn-exXuEK-9SA9Rx-aPWeJ-77vKw8-3Kx1Vx-5g7BnW-72vDN7-5ft8e9-c4zefQ-FBf6Q-9dyrJ6-91WZKG-hoJ6Lj-75uieg-ac5iB6-67pKFt-6Lx8wA-dnkdMw-dgGDrZ-4yin56-4a4Ad2-bBLYiv-5DQz53-hoJ7BN-7e8G2r-dCoXdQ-365ApV-o6MhA5-dq63tB-hoK9PF-dCxTmP

Atlas, T. (2008, March 16). Headphones. © 2008. Retrieved from https://www.flickr.com/photos/talatlas/2338990355/in/photolist-4yFWkV-dRgtid-26dZo5-iFquE-dXqp7o-mKjEYS-ouwR5F-futssE-gRXdjE-6SStz9-7JPXM-of9sHy-dGurnR-8EYNAC-vY16-9bPogN-k68CT-fYci6X-2hYGMj-5V2qF2-5LUJok-9MY1Gf-7KgDdP-ogpmJy-8ha61W-5bxcwv-8fnkzc-pEpaXr-buprei-brT9jd-Pw4En-bssasg-5WsnPW-2A3cA5-X7x97-fAcvjc-4CHBze-9xRJvS-khNKr-6uzLyN-4YSdmu-f6d6Fq-baFQGB-aEJeeH-8zM9b8-4iJJEk-9q3d-df8Mfk-7irMuo-7y6y1L

Brody. (2005, February 8). Books. © 2005. Retrieved from https://www.flickr.com/photos/brody/4483246/in/photolist-oYHm-aGsP14-51t5TC-8KCCKW-4hn47g-7PozJp-mBGj-84P71r-7HoeXV-UmBz-5NZzVJ-dphot9-ntNE-6DfhNt-ahytco-ca5ZF-cBJ5d-5qz3ks-eqHuv-6NP8d6-aT9to6-9K3BPW-2PgAx-97oiDM-aRxNm-fo562E-HdurS-aibaen-7Nbvbk-9kHQKs-KLWAb-maAU6-amWKZg-ix8Rbz-6buevW-6GjMcy-amWKX6-amWKYM-7acJMF-8DFBf3-MLnGM-abK4Bq-dGa2xi-2U9nA-bF4Yf7-6Knypk-hss2M-61kymQ-f4HeM7-9ZVvhF

Causey, C. (2014, December 1). Copyright wordle. © 2014. Created by the author of this presentation using wordle.net

Coghlan, M. (2011, July 6). Prison bars. © 2011. Retrived from https://www.flickr.com/photos/mikecogh/5997920696/in/photolist-a91URN-agcKi3-8TaAdQ-8ad6YY-8Aus3-bjoHVX-62R4Ev-6AVJ7p-kxZy8-6qoBmK-8AvSm-aekaK4-de3U-9icSX1-6qsN9C-7DMweA-dLFf89-5NrRia-kBxd2-gxTYR-gjmKrq-enjZzB-2HnKKx-gYYzoZ-rpJN4-5jJ1TB-byTHXc-7h76DU-iUKE8K-gLRWAA-9Xx2Cj-5NvWju-8YW9eM-g9giVA-gF4xfF-a5idwo-nk9MR-8tbBAq-7PBNhi-4XyVDt-4nYB3-6ypZ8K-5NvXYb-2wDtw2-5xtiGh-3KPTQU-ayMkd1-6Qt12d-85HBZT-9Yx1Jn

Finley, J. (2007, July 12). (#20 of 365) Movie night. © 2007. Retrieved from https://www.flickr.com/photos/jennfinley/793827083/in/photolist-2d9z8R-jyCmv4-PiUf9-6LNu4a-7Nf3xE-6a2Wjk-6TjTGD-4YwbrV-4b9gop-9u11C3-9c3PNt-4TRuCG-dHHkmf-eM1ysF-eikqM6-25Y7K1-7ri22J-8PyJY-cKmcx-ni3eto--kMTET-4c36HG-9tX1Uv-7FxNar-wUCUF-k5eGJ-64xwT6-9u11xY-9tX1Wc-j2ZPU-fbKf6z-9tX27K-9tX25Z-7rHotb-aoybg7-7y2Pwu-91kd53-9tX1T6-9u11qd-2MpPSj-9tX1Pn-gABaUm-73naFd-a6uc79-9tX216-4Gztdz-Gbzwy-7Fvz6R-9q7LTf

History Rewound. (2009, November 19). George Washington. © 2009. Retrieved from https://www.flickr.com/photos/historyrewound/4116908055/in/photolist-7gNekn-b3NvD6-pQCtwV-b2iVB8-8wmQDv-nArnc1-aPUvtK-93iJfg-ouWqQp-be7LMc-8F612x-kqAQR6-a8tKpD-8w4Qns-e9ZYcC-8BTuVD-dAEpg1-KhpGK-ctxgR9-bE5R4n-ai9xYn-aiAzt5-aq4bwo-eHp11Q-dBDA7U-8GYjfo-7wdoLh-9uXcdj-9fSR4L-8zYuXF-b5Fhmp-anU3Pn-at9WF2-8PNvdc-nrGv1n-jFtQ9E-bQFaAt-3Hz16s-dP5s1P-8XMPMC-9XXZyF-9WjYrQ-5qDnBG-38FGnj-82F4Lw-dzdY4k-8C8tti-5nHz94-6k487e-muF1ag

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