Chelsea Belcher.  Only kidding, you won’t go to prison for MOST copyright violations, but you can still get into a lot of trouble, so, this presentation.

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Presentation transcript:

Chelsea Belcher

 Only kidding, you won’t go to prison for MOST copyright violations, but you can still get into a lot of trouble, so, this presentation will inform you of the CORRECT copyright laws and facts

 Fair use allows consumers to make a copy of part or all of a copyrighted work, even where the copyright holder has not given permission or objects to your use of the work.  HOWEVER, if you make money from “fair use”, it’s probably not that fair anymore, right?

 Ask your self:  What is the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes -- Courts are more likely to find fair use where the use is for noncommercial purposes.  What is the nature of the copyrighted work -- A particular use is more likely to be fair where the copied work is factual rather than creative.  What is the amount and substantiality of the portion used in relation to the copyrighted work as a whole -- A court will balance this factor toward a finding of fair use where the amount taken is small or insignificant in proportion to the overall work.  What is the effect of the use upon the potential market for or value of the copyrighted work -- If the court finds the newly created work is not a substitute product for the copyrighted work, it will be more likely to weigh this factor in favor of fair use.

 ™ - Trademark, typically applies to names or brands and has to be “won” and “defended” to maintain the rights to that word or phrase  ©-Copyright, basically applies to everything else and once something is © it is ALWAYS protected my copyright laws

 For the sake of this presentation, let’s pretend that you have no desire to commit copyright infringement against big businesses- like copying DVD’s, CD’s, and software.  Most likely, you will be sued and sent to court. Between court cost, time off work, and then paying the copyright holders back any profit you made, you are looking to set yourself back $1,000- $150,000

 If the work has no commercial value, the violation is mostly technical and is unlikely to result in legal action  HOWEVER, you still run the risk of being sued, and if you lose you are still stuck with all the court cost (which could be more than what the judge appoints you to pay)

 No license from the copyright holder is required when a teacher at a public school or non-profit educational institution uses a lawfully purchased or rented copy of a movie in classroom instruction. It doesn't matter who purchased or rented the film, so long as it was legally obtained. Movie studios would get flooded with letters for permission if that were a law!

 Nonprofit educational institutions can record television programs transmitted by network television and cable stations. The institution can keep the tape for 45 days, but can only use it for instructional purposes during the first ten of the 45 days.

 As long as you fall under fair use laws you are permitted to play legally obtained music in your classroom  HOWEVER, you may not: copy sheet music or recorded music for the purpose of performance unless granted permission

 Students and instructors may create multimedia works for face-to-face instruction, directed self-study or for remote instruction provided that the multimedia works are used only for educational purposes in systematic learning activities at nonprofit educational institutions. Instructors may use their multimedia works for teaching courses for up to two years after the first use.

ASK!!  Permission is the golden word here  Typically, copyright holders have contact info and the copyright year (for reference) so you can easily ask for permission. Other smaller sites allow all permissions or with light restrictions

 OF COURSE NOT!!!  Not only will you be out of pocket $$$$$$(serious cash), your reputation will be shattered and could result in your termination

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