1. Copyright Presentation
By Pam Wellen

2. Copyright
Copyright is a law that gives you ownership over the things you create. Those rights include:
the right to reproduce the work
to prepare derivative works
to distribute copies
to perform the work
and to display the work publicly
There are penalties for not following the law.
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3. The legal penalties for copyright infringement are:
1. Infringer pays the actual dollar amount of damages and profits.
2. The law provides a range from $200 to $150,000 for each work infringed.
3. Infringer pays for all attorney’s fees and court costs.
4. The Court can issue an injunction to stop the infringing acts.
5. The Court can impound the illegal works.
6. The infringer can go to jail.
Landmark Cases
Vanilla Ice vs. David Bowie/Freddie Mercury
The Associated Press vs. Fairey
The case was settled privately out of court with Ice paying an undeclared sum of money and crediting Bowie/Queen on the track.
Case AP Press vs Fairey (
Famous street artist Shephard Fairey created the Hope poster during President Obama’s first run for presidential election in The design rapidly became a symbol for Obama’s campaign, technically independent of the campaign but with its approval. In January 2009, the photograph on which Fairey allegedly based the design was revealed by the Associated Press as one shot by AP freelancer Mannie Garcia — with the AP demanding compensation for its use in Fairey’s work. Fairey responded with the defense of fair use, claiming his work didn’t reduce the value of the original photograph.
Outcome
The artist and the AP press came to a private settlement in January 2011, part of which included a split in the profits for the work.
Significance
Though there wasn’t a court case and an actual verdict, this case created a lot of discourse around the value of work in these copyright battles. It’s unlikely that Garcia’s work could have ever reached the level of fame it did, if not for Fairey’s poster. Garcia himself stated he was ”so proud of the photograph and that Fairey did what he did artistically with it, and the effect it has had,” but still had a problem with the fact that Fairey took the image without permission and without credit for it’s originator.
Credit, credit, credit! On 99designs you cannot use licensed work — but in the right circumstances you can use stock imagery. When doing so, make sure everyone knows the source
In January 2011 the artist and the AP press settled on splitting the profit for the work.

4. “Fair Use“ on Copyright Act
Use of Copyrighted is Acceptable in some situations, you may make limited use of another's copyrighted work without asking permission or infringing on the original copyright.
Fair use exist within a large context, the four factor fair use test must always be used
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5. “Fair Use“ on Copyright Act
Is the use you want to make of another's work transformative?
Does it add value to and repurpose?
Is the work for a new audience?
Is the amount of material you want to use appropriate to achieve your transformative purpose?
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6. Classroom – What Should Be Avoided?
• Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals. • Copying and using the same work from semester to semester. • Copying and using the same material for several different courses. • Copying more than nine separate times in a single semester (U.S. Copyright Office, 2009, p. 7).
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7. Safe practices for Copyright
Note taking
Always mark someone else's words with a (Q) for quote
Indicate ideas taken from sources with a (S)
Your own insights (ME)
Information from other sources, book and article titles, (URLs on the Web)
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8. Safety Practices for Musical Score If you play or record music that is not in public domain you are using music under copyright . Some rules:
Copying of copyrighted material simply to avoid purchase is invariably not a legitimate fair use.
If you want to reproduce or alter a copy of the music you need to ask permission from the author.
It is irrelevant if you will be charging a fee for students or community members to have copies of CDs/DVDs that is owned by another.
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9. Safe Practices for Film
Conditions to be met:
The film must be shown as part of the instructional program.
The film must be shown by students, instructors, or guest lecturers, and can only be shown to students and educators.
The film must be shown either in a classroom or other school location devoted to instruction.
The film must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area.
The film shown must be a legitimate copy, with the copyright notice included.
Films or videos may not be used for entertainment or recreation.
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10. Safe Practices for Television
Only programs broadcast to the general public may be taped.
A classroom teacher who wants a particular program taped should ask the school to tape it.
A tape may be shown to several classes if appropriate. A limited number of copies may be made from each off-air recording. The tape may not be altered in any way.
After the ten-day classroom use period expires. Not later than 45 calendar days after the tape was made, it must be destroyed.
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11. Guidelines for getting permission to use Copyright materials:
The code of Best Practice in fair use for media literacy education should be a resource to review your conformance with the Copyright vs Fair Use under their five principle.
If a Copyright License is available the following step will validate that it is covered
Go to the Copyright Clearance Center homepage at
Search for the publication
Verify coverage
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12. Safe Practices for Website
Just because it is on the internet does not mean it is public domain.
It is necessary to follow all the safe practices mentioned in this PowerPoint for websites materials
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13. Questions?