1. COPYRIGHT LAW Zahra Hadi Educational Technology EDUC 5302

2. What is the penalty for copyright infringement? The law provides a range from $200 to $150,000 for each work infringed Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail.

3. What does the term “fair use” mean and who is included in the fair use clause? The term “fair use” is the copying of any copyrighted material for specific purposes, such as: – commentary and criticism – Parody According to the U.S. Copyright Office, “The reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.” Fair use recognizes that certain uses of the copyrighted work do not require permission from the copyright holder Fair use is a defense against a claim of copyright infringement.

4. What are the conditions for deciding fair use? Four factors can be used to decide fair use: 1. Purpose and character of your use Monetary gain or business benefit from copying does NOT grant fair use 2. Nature of the copyrighted work The use of a purely factual type of work, as opposed to the use of a creative work, MAY be granted fair use 3. Amount and substantiality of the portion taken 4. Effect of the use upon the potential market Economic loss to the copyright holder is less likely to be considered fair use

5. What are conditions to adhering to copyright of multimedia usage? Extent of usage – Text: Up to 10% of a copyrighted work or 1000 words, whichever is less – Motion Media: Up to 10% of a copyrighted work or 3 minutes, whichever is less – Music: Up to 10% of a copyrighted musical composition, but no more than 30 seconds – Numerical Data Sets: Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table

6. What are conditions to adhering to copyright of multimedia usage? Copying and Distribution Limitations – No more than 2 copies of the original production may be made Multimedia Presentations Citations – Educators and students must credit sources, giving full bibliographic information when available. Internet – Internet resources often have both copyrighted and public domain sites; care should be used in downloading any sites for use in multimedia presentations.

7. What are the conditions for using someone else’s words? Is the work in the public domain? Do I have the owner's permission to use it? Does a legal exception apply to my proposed use? Does "fair use" apply here? If you cannot answer "yes" to one of these questions but go ahead and use the material anyway, you are violating the copyright laws.

8. What are the conditions for using another’s musical score? Up to 10% of a copyrighted musical composition, but no more than 30 seconds Up to 10% of a body of sound recording, but no more than 30 seconds Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics altered

9. What are the guidelines for using film in the classroom? Under copyright law, educators have a separate set of rights to display and perform others' works in the classroom. These rights apply to any work – including film - regardless of the medium.

10. What are the rules about taping something off the TV to use in the classroom? Nonprofit educational institutions can record television programs transmitted by network television and cable stations. The institution can keep the tape for 45 days, but can only use it for instructional purposes during the first ten of the 45 days. After the first ten days, the video recording can only be used for teacher evaluation purposes, to determine whether or not to include the broadcast program in the teaching curriculum.

11. How can you get permission to use items in your classroom? You obtain permission to use items in the classroom through rights brokers, such as Copyright Clearance Center (CCC) Faculty and staff can license content through CCC for coursepacks, e-reserves, course management systems, interlibrary loan and other classroom and educational uses

12. Resources http://www.iplawforstartups.com/website-legal-issues-copyright- infringement-and-protection/ http://www.lib.purdue.edu/uco/CopyrightBasics/penalties.html http://www2.honolulu.hawaii.edu/facdev/guidebk/policies/copyrite.htm http://www.123rf.com/photo_14318373_yes-and-no-buttons.html http://www.123rf.com/photo_11504080_vector-pure-copyright- stamp.html http://myriam-musing.blogspot.com/2010/07/life-is-like-musical- composition.html