What Teachers Need to Know

 “Foster the creation and dissemination of literary and artistic works”  “Promote the Progress of Science and the useful Arts”

 Definition: Protection provided by laws of the United States for authors of original works, giving them exclusive rights to their works

 Reproduce the work in copies or recordings  Prepare derivative works  Distribute copies or recordings publically  Perform the work publically  Display the work publically

 Originally lasted 14 years  Now lasts the author’s lifetime +70 years  Everything created prior to 1923 is now in the public domain.

 Types of works protected Literary works Musical works Dramatic works Audio visual works Pictorial and sculptural works Choreographic Works

 Look for a notice of copyright Copyright symbol Name of copyright holder Year of first publication

 Caution: after 1988 copyrighted materials are not required to display a notice of copyright  Automatically applied when a work is “fixed in a copy”

 Section 107 of the Copyright Act of 1976  Allows the extension of the author’s exclusive rights for non-profit educational purposes  Use is determined fair or not by considering four factors

 “Purpose and character of the use”  “The Nature of the copyrighted material”  Amount and proportion of the work used in relation to the work as a whole  The potential effect on the market value of the work

 Purpose and Character No commercial purpose Educational purposes by nonprofit institutions  Nature Directly supports course content  Effect on Market value Must not lower potential market May not use copying as a substitute for buying

 Amount for reproduction 10% or 100,000 words of a prose piece 250 words of a poem One chapter of a book One journal article A visual image in its entirety, but no more than 5 per artist 10% or 3 minutes of a film

 One copy may be made per student  Copying must not substitute for purchasing an original copy  Time must not allow a request for permission  Must not exceed lengths previously stated

 Shown at a nonprofit institution  Directly supports course content  Show legitimate copies  Must be a part of instruction  Occur in a regular room of instruction  Attendance limited to those normally in class  No fees charged to watch

 TEACH Act Allows use without prior consent Allowed further privileges to Distance Educators Sets limitations  Privileges Allows use of audiovisual and musical works Allows student access at any computer Allows “digitizing” of material

 Limitations Available for limited time Available only to class members Limited portions Use of materials marketed for educational purposes require obtaining permission

 $750 per infringement is minimum fine  Up to $250,000 per infringement for willful violators  Up to 5 years in jail for willful violators

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