Copyright Infringement By: Anna Davenport Head EDUC 5306 Instructor: Dr. Wilson Why does it matter for teachers and students?

is copyright infringement? WHAT Copyright infringement is using or distributing the created product of another without their explicit permission. It can happen with; text, graphics, video, and art. Copyright infringement can occur on products that have been formally published and distributed (I.e. textbook) and those that have only been informally distributed By the author (i.e. web blog). C

Should I care? Aren't teachers exempt from copyright laws? WHY Both teachers and students are subject to following copyright laws. The penalties can be severe if found guilty in a court of law. Potential consequences include: paying the actual dollar amount of damages and profits, a fine ranging from $200 to $150,000, paying all attorney fees and court costs, the illegal works can be impounded and the infringer can go to jail. However, there is an exemption made for "fair use." According to the code fair use applies to those who are using a portion of the work for criticism, comment, news reporting, teaching, scholarship, and research. C

else do I need to know about fair use? WHAT else do I need to know about fair use? To be considered fair use, the following four conditions should be equally considered. The nature of the copyrighted work The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work C

does that really mean, it sounds pretty vague? WHAT does that really mean, it sounds pretty vague? For all words, sounds, graphics or videos that are not original to the teacher or student using the material explicit permission from the copyright holder must be be given, or the following guidelines observed: Credit must be given to the original source. The copy must be made from a legal source. Only a portion of copy written material is used in a face to face setting or if by internet (i.e. for distance learning) it is through a password protected site where distribution is limited. Obviously, it is only used for education and not profit. C

still sounds pretty vague... "A PORTION" still sounds pretty vague... Text is limited to the lesser amount, 1000 words or 10%. (Additional suggestions apply for poems.) Music is limited to the lesser amount 30 seconds or 10%. Additionally, the basic melody and character of the piece cannot be altered. Video is limited to the lesser amount of 3min. or 10% of the entire work. C

I want to use a show I taped the night before. What if... I want to use a show I taped the night before. According to the Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes it would be allowable to show a recording of a TV show if: The show was publicly broadcast. The taping was created by the school. Viewings were within 10 days of the recording. The recording was destroyed within 10 days. If needed for evaluation purposes if could be kept up to 45 days. C

C What if... It's on a website Internet websites often combine public domain content with copy written material. It's best to get permission from the author before using materials off the web. C

do I get permission to use material that is under copyright? HOW do I get permission to use material that is under copyright? First, determine if your usage qualifies under the fair use guidelines. If not, contact the copyright owner. This may be an individual, a group of individuals, or an organization. Submit your request in writing and wait for their response to determine your next steps. C

It's only students using it, does it really matter? What if... It's only students using it, does it really matter? Students are subject to the same fair use guidelines as educators. As teachers we should should be training our student in good citizenship and helping them know how to follow copyright laws. It is our responsibility to model integrity and follow the law, even if getting caught is unlikely. They should be following the previously outlined guidelines for all projects and presentations for classes. C

C Resources Used http://www.ncpublicschools.org/copyright1.html http://fairuse.stanford.edu/overview/faqs/videotaping/#st hash.F7FC7v3A.dpuf http://www.lib.purdue.edu/uco/CopyrightBasics/penalties .html http://www.copyright.gov/fls/fl102.html All graphics are the property of Anna Head C