Copyright Laws BY: ALEXANDRA mELHORN

What is Copyright? http://dictionary.reference.com/browse/copyright

Copyright © In the United States, copyright law protects the authors of "original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works."

Copyright Infringement -www.copyright.gov Section 501 of the copyright law states that “anyone who violates any of the exclusive rights of the copyright owner ...is an infringer of the copyright or right of the author.” -www.copyright.gov

What is the penalty for copyright infringement? Penalties Civil lawsuit brought by copyright owner Attorney fees Forfeiture and/or destruction of infringing Copyright damages can be recovered by owner Minimum of $750-maximum of $30,000 If willfull, damages could be upwards of $150,000 for each infringement Can also be prosecuted under federal criminal law. Lowest penalty ---- misdemeanor/prison of up to one year/fine $5K Can lead to - felony/up to $250,000 fine/5 year imprisonment

What does the term “Fair Use” mean: With general terms like these… Who does “FAIR USE” actually cover? What does the term “Fair Use” mean: “Fair use” only includes portions of a work that are used for the purpose of criticism, education, news reporting, scholarship, and comment, but you are limited in the amount of a work that you may use. --Copyright.gov

What are the conditions for deciding fair use? What and how are you using the material? Non-profit or educational exclusive to students? “Fair use” What kind of work is it? Print of fact based, “fair use”. Are you using a few words, sentences or the whole thing? The amount used matters. Small amounts, “fair use”. How does it effect commerce? Does it harm the market? After looking at these four conditions: make a judgment about the final balance: Overall does is it in favor of “fair use” or in favor of permission?

How can copyrighted material be used in the classroom?

What are the conditions for using © words? Up to 10% of a copyrighted work or 1000 words, whichever is less Poems Entire poem/ excerpt up too 250 words If working from an anthology, no more than 5 poems (or excerpts) of different poets Only 3 poems (or excerpts) per poet

What are the conditions for using © musical scores? 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 Any alterations cannot change the basic melody or the fundamental character of the work

Guidelines to film in the classroom: Up to 10% of a copyrighted work or 3 minutes, whichever is less Clip cannot be altered in any way

What are the rules for TV to in the classroom? Education falls under the “fair use” policy for teaching, research, scholarship, criticism, parody, and news reporting. General Rules: Only programs broadcast to general public may be taped Classroom teacher should ask the school to tape it A limited number of copies may be made After 10 day classroom use period expires, tape may only be used for evaluation No later than 45 days after the tape is made it must be destroyed

Multimedia in the classroom Make sure that all bibliographic information and sources are cited Keep copyrighted materials in their original form. Students do not need written permission if it falls under fair use Copyright information for images may be shown in a separate bibliographic section unless the presentation is being used for distance learning. Then the information can be presented with the information.

So what happens if it does not fall under fair use or fit any of the copyright rules??

How to can I get permission to use © items? To obtain permission, you must Figure out who owns the copyright on the material you want to use. Contact: The publisher or distributor or The records of the Copyright Office Contact the owner Get permission to use the work in the area and format you want to use it in In some cases -- pay the owner a fee

Works cited US Copyright Office Stanford University: Copyright and Fair Use NC Public Schools Copyright Clearance Center 10 Big Myths About Copyright University of Texas Copyright Site Image: Clip Art