Copyright Law & Guidelines for Teachers and Students EDUC 5306 Kimberly Murry

Is there a penalty for infringement? The legal penalties for copyright infringement are: 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 “Fair Use” Mean? Fair use is one of the exceptions in copyright which allows use of copyrighted materials without obtaining permission as long as the use can be considered fair. There is a four-factor analysis which must be applied to each use to determine whether the use is fair. Each factor is given equal weight. They are…Purpose and Character, Nature or Work, Amount, and Market Effect

When using multimedia in the classroom, what kinds of things need to be considered when determining whether copyright has been adhered to? Faculty Guidelines Faculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions. Faculty may use their project for: Assignments for student self-study For online instruction provided that the network is secure and is designed to prevent unlawful copying For professional conferences, presentations, or workshops For their professional portfolio (Lehman, 1998, p. 52). Types of media and permissible amounts Momtion media, e.g., movies, film clips, excerpts from television shows, etc.: Up to 10 percent of the total or three minutes, whichever is less. Text material: Up to 10 percent of the total or 1,000 words, whichever is less. An entire poe of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work. Music, lyrics, and music video: Up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: No more than five images from one artist or photographer. No more than 10% or 15 images, whichever is less, from a collection. Numerical data sets: Up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of an educator’s multimedia project which contains materials used under fair use: No more than two copies may be made of a project (Lehman, 1998, p ).

What are the conditions for using someone else’s words? “You are allowed to borrow ideas or phrases from other sources provided you cite them properly and your usage is consistent with the guidelines set by fair use laws. As a rule, however, you should be careful about borrowing too liberally -- if the case can be made that your work consists predominantly of someone else's words or ideas, you may still be susceptible to charges of plagiarism. Also, if you follow the words of a source too closely, and do not use quotation marks, it can be considered plagiarism even if you cite the source”.

What are the conditions for using another’s musical score? Sheet music, scores fair dealing provisions in the Copyright Act allow you to copy material for research or study including background research for an assignment or preparation of a thesis without infringing copyright. you can copy a reasonable portion, which is one chapter, or 10% of the pages in a published work of more than ten pages. if you need to copy more than a reasonable portion of a work, you may still be able to do this after considering the five factors to determine if the copying will be fair dealing.the five factors it is unlikely that copying all of a five or six page score that is available for purchase would be considered fair dealing. it is also unlikely that making multiple copies of a score to give to other members of a band or ensemble would be considered fair dealing if the score can be readily purchased or hired.

What if you want to tape something off the TV to use in the classroom…What are the rules here? It is legal in the United States and United Kingdom to record live TV for personal use. In U.S. law, recording TV programs for later viewing is protected under "Fair Use." It is legal to physically give out copies of TV recordings to other people, but it is illegal to distribute those copies through peer-to-peer file sharing on the Internet. Read more : recording-copyright-laws.htmlfile sharinghttp:// recording-copyright-laws.html

When items are posted to a website what should the creator be careful to consider? As a general rule, it is wise to operate under the assumption that all works are protected by either copyright or trademark law unless conclusive information indicates otherwise. A work is not in the public domain simply because it has been posted on the Internet (a popular fallacy) or because it lacks a copyright notice (another myth). - See more at: permissions/websites/#sthash.P0VnqCqS.dpuf

How can you get permission to use items in your classroom? Copyright protection extends to any original work regardless of who created it, and permission is required for reproduction, display, or distribution of the work. One of the main reasons for acquiring permission is to avoid a lawsuit. If the webmaster is confident that a friend or family member has consented to the use, the concern over a lawsuit diminishes, as does the need for a formal written permission agreement. Oral consents are valid, although sometimes difficult to prove. But, if you are in doubt about a use, always seek a written permission, even if the material comes from a friend or relative. Formal permission agreements are provided at the end of this book. However, in cases of cooperative friends and relatives, an informal release can be used, such as the following sentence: I am the owner of rights to ________________________________ [title of work] and I authorize its display and reproduction on the _____________________________________________________ [name of website] website located at ____________________________________________________________ [insert URL for site] for a period of _______________ [insert length of time]. - See more at: