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Presentation on theme: "Educators and the Law COPYRIGHT BY: LAUREN D. WILLIAMS."— Presentation transcript:

1 Educators and the Law COPYRIGHT BY: LAUREN D. WILLIAMS

2  Copyright infringement can best be described as the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. COPYRIGHT INFRINGEMENT

3  In order for an infringement to occur, the following elements must be evident:  1.The copyright holder must have a valid copyright.  2.The person who is allegedly infringing must have access to the copyrighted work.  3.The duplication of the copyrighted work must be outside the exceptions. COPYRIGHT INFRINGEMENT CRITERIA

4  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 attorneys 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. PENALTIES FOR COPYRIGHT INFRINGEMENT

5  Fair use allows the use of copyrighted materials without obtaining permission as long as the use can be considered fair, and this applies to everyone. FAIR USE

6  Prior to a claim that ones copyright has been infringed, four factors must be understood and applied:  1.The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes  2. The nature of the copyrighted work  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole  4. The effect of the use upon the potential market for, or value of, the copyrighted work FAIR USE FACTORS

7  If a book, song, movie, or artwork is in the public domain, it is not protected by intellectual property laws (copyright, trademark, or patent laws)—which means it’s free for you to use without permission. THE PUBLIC DOMAIN

8  They must be shown as part of the instructional program.  2.They must be shown by students, instructors, or guest lecturers.  3.They must be shown either in a classroom or other school location devoted to instruction such as a studio, workshop, library, gymnasium, or auditorium if it is used for instruction.  4.They must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area.  5.They must be shown only to students and educators.  6.They must be shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included. CONDITIONS FOR USING MULTIMEDIA IN THE CLASSROOM

9  The owner of copyright in a work has the exclusive right to make copies, to prepare derivative works, to sell or distribute copies, and to perform the work publicly. Anyone else wishing to use the work in these ways must have the permission of the author or someone who has derived rights through the author. MUSIC

10  The following regulations must be adhered to when using another persons musical score:  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 MUSIC, CONT.

11  The following regulations must be adhered to when taping or using film in the classroom:  Up to 10% of a copyrighted work or 3 minutes, whichever is less  Clip cannot be altered in any way MOTION MEDIA

12  Permission is not needed if a presentation falls within the specific multimedia fair use guidelines previously mentioned; however, educators should take the steps to obtain permission when in doubt. 

13  Care should be used in downloading any sites for use in multimedia presentations.  Educators and students are advised to write for permission to use Internet resources and to be mindful of the copyright ramifications of including embedded additional links to that particular site. THE INTERNET

14  Retrieved from  Retrieved from  Copyright Infringement Penalties. (n.d.). Retrieved from  U.S. Copyright Office - Fair Use. (n.d.). Retrieved from REFERENCES

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