What Are The Copyright Rules And How To Obey Them!!! By Lorena Hobdari EDUC 5306

Definition of Copyright The exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death. (Dictionary.com)

The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. 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. (https://www.lib.purdue.edu/uco/CopyrightBa sics/penalties.html)

STANDARDS FOR DETERMINING FAIR USE There are four general factors to be considered when evaluating whether material can be considered to be "Fair Use“ 1. PURPOSE AND CHARACTER OF THE USE Is the use for nonprofit, educational, or commercial use? Be aware that several courts have held that absence of financial gain is insufficient for a finding of fair use. 2. NATURE OF THE COPYRIGHTED WORK Is the work creative or informational? Special consideration is given to the distinction between the two. Duplication of materials originally developed for classroom use (creative) is less likely to be fair use than the duplication of materials prepared for public consumption. If you copy a workbook page or a chapter from a textbook you are more directly depriving the copyright holder of profits more directly than if you are copying a page from the newspaper. 3. AMOUNT, SUBSTANTIALITY, OR PORTION TO BE USED IN RELATION TO THE COPYRIGHTED WORK AS A WHOLE What is the amount and significance of the portion copied? 4. EFFECT OF USE ON THE POTENTIAL MARKET Probably the most important of the standards. If the copying of the copyrighted material reduces the potential market and therefore the potential sales and profit, that use is unlikely to be found a fair use. http://www2.honolulu.hawaii.edu/facdev/guidebk/policies/copyrite.htm

Why do teachers break copyright laws? Budget constraints No time to order Ignorance and lack of integrity

What's Theft and What's Not Works not copyrighted: -works published before 1923 -your own work -open access work -electronic works licensed by your institution -electronic works with a creative commons license

Works Copyrighted Other works not mentioned in the previous slide

Frequently asked questions: Face-to-face teaching When can I display or perform a work in my class without obtaining permission? You may display or perform a work in your class without obtaining permission when your use is: • for instructional purposes; • in face-to-face teaching; and •at a nonprofit educational institution.

Can I show a movie in my class that I have rented from my movie rental provider? Yes, providing the movie is shown for educational purposes and such an educational use is not prohibited by the license agreement you signed with the rental provider.

What about articles that aren’t licensed by the library — how do I share them with my students? Several options: If the article is available online via open access, share a link to it. If a Creative Commons notice appears on the article, you may share the work with your students. If the article is in the public domain, it’s safe for sharing.

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