COPYRIGHT LAWS… WHAT YOU, THE TEACHER & STUDENT, SHOULD KNOW! JB

WHAT IS COPYRIGHT? the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. (https://www.google.com/search?sourceid=navclient&aq=&oq=What+is+copy&ie=UTF-8&rlz=1T4NCHD_enUS555US556&q=what+is+copyright&gs_l=hp..0.0l4.0.0.0.7495...........0.&pbx=1 )

COPYRIGHT INFRINGEMENT a violation of the rights secured by a copyright (http://www.thefreedictionary.com/copyright+infringement) There are three elements that must be in place in order for the infringement to occur… The copyright holder must have a valid copyright. The person who is allegedly infringing must have access to the copyrighted work. The duplication of the copyrighted work must be outside the exceptions (fair use, face to face and virtual instruction.

COPYRIGHT INFRINGEMENT Cont. The legal penalties for copyright infringement are: the actual dollar amount of damages and profits is paid by the infringer. $200 to $150,000 for each work infringed. all attorneys fees and court costs paid by the infringer. an injunction to stop the infringing acts can be issued by the court. illegal works can be impounded by the courts. the infringer can go to jail. (Copyright Infringement Slides…http://www.lib.purdue.edu/uco/CopyrightBasics/exceptions.html)

FAIR USE Fair Use is not an infringement of copyright. It is copying any protected material for a specific purpose, like teaching a certain topic. Four factors are used to determine Fair Use…

FAIR USE Cont… •    the purpose and character of your use •    the nature of the copyrighted work •    the amount and substantiality of the portion taken •    the effect of the use upon the potential market (FAIR USE SLIDES…. http://www.teacherspayteachers.com/Copyright-FAQ)

USING OTHER PEOPLE'S WORDS USING WORDS THAT ARE NOT YOUR OWN IS PLAGIARISM AND IS CONSIDERED COPYRIGHT INFRINGEMENT. IN ORDER TO AVOID THIS, YOU MUST USE ACKNOWLEDGE THOSE WHO WORK YOU USE, BY PLACING THEIR WORDS IS QUOTES, AND INCLUDE A BIBLIOGRAPHIC CITATION.

MULTIMEDIA IN THE CLASSROOM Educators and students must: credit sources, giving full bibliographic information when available. display the copyright notice and copyright ownership information if this is shown in the original source. show copyright information for images in a separate bibliographic section (http://www.ncpublicschools.org/copyright1.html)

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 Any alterations cannot change the basic melody or the fundamental character of the work (http://www.ncpublicschools.org/copyright1.html)

USING FILM IN THE CLASSROOM FILMS ARE ALLOWED IN THE CLASSROOM ONLY IF THE FOLLOWING ARE ABIDED BY: MUST BE IN A FACE TO FACE SETTING. FILM MUST BE SHOWN IN A CLASSROOM FILM MUST BE AN ORIGINAL (NO RECORDING)

TV RECORDING IN THE CLASSROOM TELEVISION RECORDINGS ARE LEGAL TO TAPE, BUT YOU MUST OBTAIN PERMISSION FROM THE OWNER TO SHOW IT TO YOUR CLASSROOM…BUT THERE ARE SOME BASIC GUIDELINES FOR EDUCATORS TO FOLLOW…

GUIDELINES… Only programs broadcast to the general public may be taped. This includes all programs broadcast to homes and schools. The guidelines do not apply to programs available only from cable television services such as Showtime, HBO, The Disney Channel, C-Span and ESPN. A classroom teacher who wants a particular program taped should ask the school to tape it. The tape may be shown only during the first ten consecutive school days after it is made, and only in a classroom or similar place devoted to instruction. A tape may be shown to several classes if appropriate. A limited number of copies may be made from each off-air recording. Each copy is subject to all the provisions governing the original recording. The tape may not be altered in any way. For example, tapes may not be edited to create an anthology or compilation. After the ten-day classroom use period expires, the tape may be used only for evaluation — that is, to determine whether it should be bought or licensed for permanent inclusion in the teaching curriculum. Not later than 45 calendar days after the tape was made, it must be destroyed. (http://fairuse.stanford.edu/overview/faqs/videotaping/)

As educators, we have certain rights (face to face instruction, etc As educators, we have certain rights (face to face instruction, etc.) on our side when it comes to the material we are able to use in the classroom to teach our students, but we must teach our students the correct way to use other people’s works, because they are not protected under the same laws we have. We must lead by example and follow the rules that are laid out for us…

As students, you must know that using other people work (words, music, pictures, etc.) without their permission or giving them credit for their work is illegal and consider plagiarism in the classroom. To give proper credit, you must place their words in quotes, and include a bibliography citation.