1. Christine Tran EDUC 5306

2.  Copyright is a form of protection by the laws of the United States government (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.

3.  To reproduce the work in copies or phonorecords  To prepare derivative works based upon the work  To distribute copies or phonorecords of the work to the public by sale orother transfer of ownership, or by rental, lease, or lending  To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audio, visual works

4.  To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work  In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

5.  It is ILLEGAL

6.  Copyright holder can ask for compensation of loss such as profits from infringing activity or statutory damages ranging from $250 to $150,000 for each infringing copy or higher if done “willingly” Possibility of Becoming Criminally Liable › Value > $1000 includes 1 yr. in jail plus fines › Value > $2500 includes 5 yrs.in jail plus fines. › Criminal penalties apply to large scale commercial property

7.  Fair Use- allow such things as commentary, parody, news reporting, research and education about copyrighted works without permission to the author.  Blocks ability to appropriate other people’s ideas  Fair Use should not harm the commercial value of the work.  Certain types of use of other people’s copyrighted works do not require copyright holder’s authorization

8.  The public is entitled to freely use portions of the copyrighted material for purposes of commentary and criticism.  i.e. If you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission

9.  The purpose and character of your use › whether such use is of a commercial nature for you and your organization or is for nonprofit educational purposes  The nature of the copyrighted work › Use of a purely factual work is more likely to be considered fair use than use of someone’s creative work  The amount and substantiality of the portion taken › There are no set pages or percentages that define the boundaries of fair use.  Effect of the use upon the potential market › Whether the nature of the use competes or diminishes potential market for the form of use.

10. If you incorporate someone else’s work into your materials, you will need the permission of the person who owns copyright in that material. Always identify the copyright owners and ask for permission to include their works in your materials.

11.  A music instructor can make copies of excerpts of sheet music or other printed works, provided that the excerpts do not constitute a “performable unit” such as a whole song, section, movement or aria.

12.  Instructors may not: › Copy sheet music or recorded music for the purpose of creating anthologies or compilations used in class › Copy from works intended to be “consumable” in the course study or teaching such as workbooks, exercises, standard tests.

13.  A student may make a single recording of a performance of copyrighted music for evaluation or rehearsal purposes and the educational institution or individual teacher may keep a copy in addition a single copy of a sound recording owned by an educational institution or an individual teacher.

14.  For course packs, it is the instructor’s obligation to obtain clearance for materials used n class. Instructors typically delegate this task to one of the following: › Clearance services › University bookstores or copy shops › Department administration

15.  Students may perform and display their own educational multimedia projects created under Section 2 of these guidelines for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interview Educators may perform and display their own educational multimedia projects created under Section 2 for curriculum- based instruction to students in the following situations: Face-to-Face instruction Assigned to students for direct self study

16.  Educators and students must seek individual permissions (licenses) before using copyrighted works in educational multimedia projects for commercial reproduction and distribution.  Educators and students are advised to exercise caution in using digital material downloaded from the Internet in producing their own multimedia projects, because there is a mix of works protected by copyright and works in the public domain on the network.  Some copyrighted works may have been posted to the Internet without authorization of the copyright holder.

17.  Nonprofit educational institutions can record television programs transmitted by network television and cable stations.  The instructors can keep the tape for 45 days, but only can use it for educational purposes only.

18.  After first 10 days, video recording can only be used for teacher evaluation purposes only.  If teacher decides to keep video in the teaching curriculum, permission from ownership MUST be obtained.  After 45 days, tape must be destroyed or erased.

19.  If the film is for entertainment purposes, you need clearance or license for its performance.  It is not necessary to obtain permission if you show the movie in the course of “face-to-face teaching activities” in a non profit educational institution, classroom or instructional setting.

20.  Posting involves a user sending information from the user’s computer to the website (uploading)  Once posted, others can view or copy the material.

21.  Whoever maintains the site can be held liable for allowing the material to be posted on the site.  The wisest approach to dealing with an unauthorized upload is to remove it quickly or disable access to it pending resolution to the dispute.

22.  A site that permits uploading of material can post a notice prohibiting only unauthorized activities and require the perpetrators pay for any damages caused by such activities.  The notice should be placed predominantly so that persons performing uploads will see it.  “click to accept”

23.  If you do not offer material to download at your site, your MAIN concern isn’t whether you’ll infringe someone else’s copyright, but whether users will copy your material without YOUR permission.

24.  Display copyright notice prominently on some or all of your web pages, clearly stating that the material is protected by copyright.  The notice must be in close proximity to the person’s image or name, disclaiming any sponsorship, endorsement, association with the product or service involved.

25. If someone complains about unauthorized use on your website…