What is it and why should I care? Copyright What is it and why should I care?

Basic Copyright Fair Use Multimedia Internet

Definition Copyright is the exclusive right of the author of a creative work to control the copying of that work. Simply define what copyright is. Copyright exists for 3 reasons: 1. Reward authors for their original works 2. Encourage availability of the works to the public. 3. Facilitate access and use of copyrighted works. Definition by Copyright Primer **A statutory privilege extended to creators of works that are fixed in a tangible medium of expression. Seems simple enough…well, maybe not...

Copyright provides the creator of a work the exclusive right to... Reproduce the work. Prepare derivative works. Distribute copies or recordings. Perform the work publicly. Display the work publicly.

What can be copyrighted? Literary works Musical works, including accompanying words Dramatic works, including accompanying music Pantomimes and choreographic works Pictorial, graphic and sculptural works

What can be copyrighted? Motion pictures and other audio visual works Sound recordings Architectural works

What CAN’T be copyrighted? an idea procedure, process, system or method of operation a concept or principle a discovery regardless of the form in which it is explained, illustrated, or embodied in a work.

How do I know if a work is copyrighted? Works published in the U.S. prior to 1978 must have a formal copyright notice to receive protection. (Unpublished works prior to 1978 are protected.) Today all materials receive automatic copyright once they are fixed in a “tangible medium”. (A copyright notice or registration of copyright is NOT required!)

How long does copyright last? HUH? As of January 1, 1978, the length of copyright is the life of the author plus 70 years. For works published before 1978, copyright lasts for 28 years plus renewal of 67 years (95 years total).

How long does copyright last? General rule of thumb… If it was published prior to 1923, it is in the public domain (which means anyone can use it). If it was published between 1923 and 1977, it may have up to 95 years of copyright protection. If it was published after 1977, it has “life of the author plus 70 years” protection.

When in doubt… Get Permission!!!

How to get copyright permission Determine the owner of copyright from the publication or through a copyright office search Send letter/email request (handout) Reference hand out and web site.

What do you think? How do I register a copyright? What are the penalties if the court finds that a teacher or librarian knowingly infringed upon the copyright? 1. Generally, filing a simple form, depositing 2 copies of a published work and paying a filing fee. Different forms are used for different types of work. 2. The awards to the copyright can range anywhere from $500-$100,000, depending upon the severity of the action. If the defendant is able to prove that the infringement was “innocent” it can be reduced to as much as $200.

The answers are... Generally, filing a simple form, depositing 2 copies of a published work and paying a filing fee. Defendants in copyright infringement cases have been fined anywhere from $500-$100,000, depending upon the severity of the action.

Limitations on “Exclusive Rights” The Doctrine of “Fair Use”

Definition “The Copyright Act provides that the fair use of a copyrighted work for purposes of teaching, scholarship or research is not an infringement of copyright. Fair use provides cost-free access to the author’s work even during the term of copyright protection.” Legal Issues & Education Technology

To be or not to be…. “Fair Use”. Purpose and character of the use Nature of the copyrighted work Amount and substantiality of the portion used Effect of use on potential market for or value of the work There are 4 factors used in determining whether the use made of a work in any particular case is a fair use. Fair use analysis applies to both single and multiple copies.

Purpose and character of use... Commercial Non-Profit Non-profit purpose of a use is not determinative. But, schools and libraries can be guilty of violating the copyright law despite their educational purposes. Determine is it for “productive” purpose or “intrinsic” purpose. Productive implies a use of creating a new work. Intrinsic is for it’s own sake.

Nature of the work... Unpublished Fiction Published Factual Some examples of how-to books may be meant to be used or to have the plans they contained followed. A particular work is audiovisual in nature is important because the only way in which the public may perceive or get the benefit of the work is by viewing and listening to it.

Amount of the work used... Substantial Minimal Basically, this means that if it is recognized that in some instances, fair use might involve copying an entire work.

Effect on potential earnings... Current or future market Non-economic This one is considered to be the most important. The Constitution clearly states that authors shall have the exclusive rights to their writings in order to promote the arts and sciences. The effect on the market may hard to calculate. For example, if a library owns a copy of a good book and the patron borrows it, then the reader doesn’t have to pay for the book, but on the other hand, if the patron really likes the book, they may be interested enough to go out and buy their own book.

Creating a Multimedia Work Educational Multimedia Fair Use Guidelines

Students Educators May perform and display their own projects in the course for which they were created. May keep these projects in their own portfolios indefinitely. May use portions of copyrighted materials to produce multimedia projects for classroom use. Students and teachers may use multimedia from the internet, as long as it is used in the classroom. As soon as the material leaves the classroom, it is considered copyright infringement. If students want to take something off the web, including script/writing, why not just put a link to it? Teachers can use portions of copyright material, as long as it is used only in the classroom. As soon as it leaves the classroom, then it becomes a copyright issue.

Portion Limitations - Definition Amount of copyrighted work that reasonably can be used in a project regardless of the original medium from which the copyrighted works are taken. Apply cumulatively to each project

Text Material Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text.

Text Material - Poems Poems < 250 words One entire poem of < 250 words No more than three poems by one poet No more than five poems by different poets from any single anthology

Text Material - Poems Poems >250 words Up to 250 words no more than three excerpts by a single poet no more than five excerpts by different poets from a single anthology.

Music, Lyrics, and Music Video Up to 10% but no more than 30 seconds of music and lyrics from a single musical work Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

Motion Media Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work.

Illustrations or Photographs A photograph or illustration may be used in its entirety. No more than 5 images by an artist or photographer. Not more than 10% or 15 images, whichever is less, from a single published collected work.

Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table.

What about the Web?

Downloading from the Internet Just because it is on “the Net” doesn’t mean it is without copyright! Some materials on the Internet have already been posted without authorization of the copyright holder! BEWARE

Copyright law on the “Net”... Copyright law on the Internet is NO different from the law covering materials in any other medium. Rather than copying material, link to it. The most common violations of copyright are the copying of pictures and clipart. Consider taking them to the clip gallery site live and look at the clip art user agreement.

Other Issues on the Internet Web pages are considered a work of art and owned by the student, even if part of the school’s web site. Email is copyrighted. To protect any material on a web page, email, or listserv, it is good practice to put a copyright disclaimer on it. AUP that students and parent sign. When you forward anyone’s email it is illegal as is anything pertaining to a listserv. The disclaimer does not have to be there, but it is a good reminder to people.

The Digital Millennium Copyright Act of 1998

Application - Software Considered a “literary work” Copyright generally controlled by license agreement - READ IT Legal to make ONE back up copy of a piece of software. Freeware vs. shareware Freeware vs. shareware SHAREWARE...Copyrighted software that is available free of charge on a trial basis, usually with the condition that users pay a fee for continued use and support FREEWARE…Software that is available for free, usually over the Internet Back up copies can be made, but as soon as you make a copy, then that is your copy to use. The original is no longer useable, so to speak, as you will break copyright infringement if you do this. The most recent disk/software is what you are to use. Placing a copy of a program on a hard disk drive would be considered legal, and the original disks, then, become the archival copy. Only one archival copy is to exist at any one time. 2 instances where duplication of a copyrighted computer program would be permissable: 1. Creation of a copy is essential to allow the software to run on a certain computer. 2. Making a copy for archival purposes to be stored, in case of failure.

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