Understanding Copyright Rules and Regulations Understanding Copyright Rules and Regulations What you don’t know can and will hurt you!
Submitted to the faculty of the Fischler Graduate School Education and Human Services of Nova Southeastern University in partial fulfillment of requirements for the degree of Educational Specialist Winter 2004
Common Myths The work I want to use doesn’t have a copyright notice on it, so it’s not copyrighted. I don’t need a license because I’m using only a small amount of the copyrighted work. Since I plan to give credit to all authors whose works I copy, I don’t need to get licenses. Information Week http://techweb.cmp.com/iw
Common Myths Continued… My multimedia work will be a wonderful showcase for the copyright owner’s work, so I’m sure the owner will not object to my use of the work. I don’t need a license because I’m going to alter the work I copy. Information Week http://techweb.cmp.com/iw
Examples of Accidental Piracy Buy hardware with pre-loaded software that does not have disks or documentation; buy one copy of a software package and load it on multiple computers or network without an appropriate license agreement; http://www.spa.org/project/edu_copyright/sch_qa.htm
Examples of Accidental Piracy allow educators or students to take the software home and place it on their home computer; buy one package and load the 5 1/4” disks and the 3 1/2” disks onto different PCs; or copy software off of bulletin boards that are not shareware, public domain, or freeware. http://www.spa.org/project/edu_copyright/sch_qa.htm
Are schools allowed to make copies? NO. Like individuals and corporations, educational institutions are bound by the copyright law. Just as it would be wrong to buy one textbook and photocopy it for use by many students, it is wrong for a school to duplicate software without the authorization of the publisher. http://www.spa.org/project/edu_copyright/sch_qa.htm
Are schools allowed to make copies continued? This means that educators cannot make unauthorized copies of software for themselves or their students to use in school or to take home. http://www.spa.org/project/edu_copyright/sch_qa.htm
Number of copies for networks Remember that the installation of a network does not change your obligation with regard to the copyright law. When purchasing software for a network, be sure to ask the publisher what types of licensing arrangements are available for networks. http://www.spa.org/project/edu_copyright/sch_qa.htm
What happens if I get caught? Criminal fines of up to $250,000.00 Jail terms of up to 5 years. http://www.spa.org/project/edu_copyright/sch_qa.htm
Copyright law is a branch of property law which protects the creative works of authors. Copyright laws give authors exclusive rights to reproduce their works. Source of Copyright Law in the U.S.A. - Article 1, Section 8 U.S. Constitution - “The Congress shall have the power to: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
To register work: You can register your copyright by filing a simple form and depositing one or two samples of the work (depending on what it is) with the U.S. Copyright Office. There are different forms for different types of works -- for example, form TX is for literary works while form VA is for a visual art work. Forms and instructions may be obtained from the U.S.
To register work: Copyright Office by telephone, (202) 707-9100, or online at http://www.copyright.gov. Registration currently costs $30 per work. If you're registering several works that are part of one series, you may be able to save money by registering the works together (called "group registration"). http://www.copyright.gov
Federal copyright law applies as soon as the author uses pen, pencil, typewriter, computer to record ideas; or the artist puts the paint on canvas. Sound recordings and computer programs are also covered by the law. The law covers all works that are fixed in a tangible medium of expression.
Reproduction: The right to reproduce the work in copies Adaptation: The right to produce derivative works based on the copyrighted work Distribution: The right to distribute copies of the work Performance: The right to perform the work publicly Display: The right to display the work publicly
"Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.
Title 107 Sec. 107. - Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment,
Title 107 news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
Title 107 (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Commercial Software Licenses Stipulate The software is covered by copyright Although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed Modifications to the software are not allowed Decompiling of the program code is not allowed without permission of the copyright holder Development of new works built upon the package is not allowed without permission of the copyright holder
Unauthorized copying of software is ILLEGAL. Unauthorized copying of software affects the academic community as a whole. Unauthorized copying of software denies publishers and developers their rights and monetary returns for their development, this increases prices and reduces the development of new software products. Respect for intellectual work has been a tradition in the academic world. Copying software is just as wrong as plagiarism. Additional Facts:
Shareware Software Licenses The software is covered by copyright Although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed Modifications to the software are not allowed Decompiling of the program code is not allowed without permission of the copyright holder Development of new works built upon the package is not allowed without permission of the copyright holder
Freeware Software Licenses Stipulate The software is covered by copyright Copies of the software can be made for both archival and distribution purposes but that distribution cannot be for profit Modifications to the software is allowed and encouraged Decompiling of the program code is allowed without the explicit permission of the copyright holder Development of new works built upon the package is allowed and encouraged with the condition that derivative works must also be designated as FREEWARE. That means that you cannot take FREEWARE, modify or extend it, and then sell it as COMMERCIAL or SHAREWARE software
Public Domain Software Licenses Stipulate Copyright rights have been relinquished Software copies can be made for both archival and distribution purposes with no restrictions as to distributions Modifications to the software are allowed Decompiling of the program code is allowed Development of new works built upon the package is allowed without conditions on the distribution or use of the derivation work
Before March 1, 1989, it was assumed that intellectual works were NOT covered by copyright unless the copyright symbol and declaration appeared on the work. With the U.S. adherence to the Berne Convention this presumption has been reversed. Now all works assume copyright protection unless the PUBLIC DOMAIN notification is stated.
United States law does not require the use of copyright notice, but it can be helpful. Prior law to the Berne Convention did require notice, therefore, older works will bear a notice of copyright. The no notification law became effective on March 1, 1989. The copyright notice identifies the copyright owner, shows that it is protected by copyright, and lists the year of first publication.
"In the event that a work infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages except as provided in section 504 of the copyright code."
It is not necessary to register in the Copyright Office to get a copyright. A copyright is automatic as soon as the work is created and when it is put into a fixed form. Ongoing works are copyrighted when the work is first put into a fixed form.
The purpose and character of the copying, including whether the use is of a commercial nature or is for non profit educational purposes. Education Section Copyright 1995 The Software Publishers Association. All right reserved. http://www.spa.org/project/edu_copyright/cpfair.htm July 29, 1997. Purpose and Character
The nature of the work being copied-- ex. copying from works that are primarily factual in nature is more acceptable than copying from more creative works. Any consumable goods such as coloring books or workbooks. Education Section Copyright 1995 The Software Publishers Association. All right reserved. http://www.spa.org/project/edu_copyright/cpfair.htm July 29, 1997. Nature of Work
Amount and Quantity Copied The amount and substantiality of the portion that is copied in relation to the copyrighted work as a whole--ex. the more that is copied, or the more significant the portion that is copied (regardless of the quantity) the less likely that fair use will apply. Copying software is ALL - can’t do just 10%. Education Section Copyright 1995 The Software Publishers Association. All right reserved. http://www.spa.org/project/edu_copyright/cpfair.htm July 29, 1997.
Effect on Market The effect of the copying upon the potential market for or value of the copyrighted work-- ex., if the copying has an adverse impact on the market for the original work, it will not constitute fair use. Copying software has an adverse effect on the market. Don’t you think? Education Section Copyright 1995 The Software Publishers Association. All right reserved. http://www.spa.org/project/edu_copyright/cpfair.htm July 29, 1997.
How long does a copyright last? Attribution: The right of the author to claim authorship of the work and to prevent the use of his or her name as the author of a work he or she did not create. Integrity: The right of an author to prevent the use of his or her name as the author of a distorted version of the work, and to prevent destruction of the work.
For works published after 1977, the copyright lasts for the life of the author plus 70 years. However, if the work is a work for hire (that is, the work is done in the course of employment or has been specifically commissioned) or is published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published. How long does a copyright last (Continued)…
All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. How long does a copyright last (Continued)…?
However, even if the author died over 70 years ago, the copyright in an unpublished work lasts until December 31, 2002. And if such a work is published before December 31, 2002, the copyright will last until December 31, 2047. How long does a copyright last?