Copyright Treasure Hunt

What is the penalty for copyright infringement?

 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.

What does the term “fair use” mean and who is included in the fair use clause?

What are the conditions for deciding fair use?

First Factor: Purpose and Character The first factor addresses the character and purpose of the use of the work.

Second Factor: Nature of Work The second factor looks at the creativity of the work. Creative works have more protection than factual ones, so the more creative a work is the less likely the use will be considered fair under this factor.

Third Factor: Amount The third factor looks at the amount of the work that is being used. A small amount generally weighs in favor of fair use where a large amount would weigh more in favor of requesting permission. However, there are times when the use of even a small amount of a work can be too much if it can be considered the heart of the work. There are many published guidelines by various groups with specific amounts recommended, but they can be misleading. They can provide a false sense of security. Purdue University neither recognizes nor endorses any such guidelines. There is no magic number or formula which determines an acceptable amount.

Fourth Factor: Market Effect The fourth factor takes into account how the intended use would impact the market for the work. Generally, the more restricted the use, the less impact on the market. The use of some works such as standardized tests or workbooks are very rarely found to be fair use because the works are considered consumables which are meant to be purchased.

When using multimedia in the classroom, what kinds of things need to be considered when determining whether copyright has been adhered to?

 Educators and students must credit sources, giving full bibliographic information when available.  Educators and students must display the copyright notice and copyright ownership information if this is shown in the original source.  Copyright information for images may be shown in a separate bibliographic section unless the presentation is being used for distance learning. In this case, the information must be incorporated within the image itself (i.e. it must appear on the screen when the image is viewed).

Illustrations  A photograph or illustration may be used in its entirety  No more than 5 images of an artist's or photographer's work  When using a collection, no more than 10% or no more than 15 images, whichever is less

What are the conditions for using some else’s words?

Text  Up to 10% of a copyrighted work or 1000 words, whichever is less  Poems  Entire poem if less than 250 words  250 words or less if longer poem  No more than 5 poems (or excerpts) of different poets, from an anthology  Only 3 poems (or excerpts) per poet

What are the conditions for using someone else’s musical scores?

Music  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

What are the guidelines for using film in the classroom?

Motion Media  Up to 10% of a copyrighted work or 3 minutes, whichever is less  Clip cannot be altered in any way

What if you want to tape something off of the T.V. to use it in the classroom?...What are the rules here?

Television: ● Broadcast ● ABC ● NBC ● PBS ● Tapes made from broadcast  Live "off the air" broadcasts may be used for instruction.  Tapes made from broadcasts may be used for instruction.

Cable Television:  ● CNN  ● MTV  ● HBO (etc.)  ● Tapes made from cable. May be used with permission. Many programs may be retained for years -- depending on the program. Congress defined the guidelines for television programs before cable television was a factor. Cable programs are not technically covered by the same guidelines as broadcast television.

How can you get permission to use items in your classroom?

HOW TO OBTAIN COPYRIGHT PERMISSION When it is necessary to obtain copyright permission, you must either contact the copyright owner or an authorized agent. Listed below are two authorized agents that might help speed up the process. Copyright Clearance Center Inc. acts as an agent on behalf of thousands of publishers, authors and other creators, directly or through their representatives. CCC can provide quick turnaround time for your requests. There might be a charge for obtaining copyright permission. This service only provides copyright permission; it does not provide the article. RSI copyright provides quick turnaround for your requests, and gives you the content of the articles from which you are seeking copyright permission. Both sites keep track of your requests so that you have proof of compliance and allow you to instantly renew existing licenses. You can also obtain copyright permission directly from the copyright owner. Often, the copyright owner of an item will be listed in the formal copyright notice, but not always. If the information is not listed, contact the author or publisher. Oral permission is legal, but it is better to document the permission with a letter.

Web Sites to Consult for Further Information Sample Letters for Copyright Permission includes examples provided by the University Of Texas Office Of General Counsel. U.S. Copyright Office Information Circulars - -offers basic fact sheets and circulars that address fair use and other copyright issues. The Guide to Copyright Compliance e/index2.htmhttp:// e/index2.htm - is an interactive guide instructing users on copyright compliance.

When items are posted to a website, what should the creator be careful to consider?

Who can see the site? What is the site being used for? Is the content copyright protected or is it well with in the fair use clause? If the website is a public access site, the publisher of the site needs to obtain permission to the appropriate copyright holder…before putting any content that may infringe on copyright holder’s legal rights on the WEB. If the website is a private site and the owner of the site is certain that they are adhering to fair use exemption…permission is not necessary. However, this area is a volatile area of copyright law and good research is highly recommended.

References: Bitlaw Legal Resource, Brad Templeton, Copyright Clearance Center, The Education Cyber Playground, NC Public Schools, Stanford University Libraries, University of Texas Libraries, U.S. Copyright Office,