Hosted By: Nathan Shives Jeremy Donalson

 A copyright is a form of protection given by the laws of the United States to authors of original works.  Original works could include:  Literary  Dramatic  Musical  Artistic

 A copyright gives the author of a work the exclusive right to:  Grant permission to others for use of the work.  Perform, distribute, or display the work publicly.  Reproduce the work.  Prepare derivative works based on the work.

 Copyright infringement occurs when a copyrighted work is publicly reproduced, displayed, performed, distributed, or made into a derivative work without the permission of the copyright owner.

 Fair use is, in its most general sense, the copying of copyrighted material for a limited or "transformative" purpose without the permission of the owner of the copyright.  “Transformative” most often refers to:  Commentary  Criticism  Those included in the “fair use” doctrine:  Critics  Commentators  Teachers  Students  Researchers  News Reporters

 the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;  the nature of the copyrighted work  the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and  the effect of the use upon the potential market for or value of the copyrighted work.

 Copyright laws apply to you.  Infringement penalties apply to you.  “Fair use” protection can apply to you if proper classroom use guidelines associated with “fair use” are followed.  You must cite your sources.  You have a responsibility to inform your students of copyright laws and the penalties for violating these laws.

A Teacher May Reproduce:  a complete poem, if less than 250 words  no more 250 words from a longer poem.  a complete article, story, or essay if it is less than 2,500 words.  1,000 words or 10% of a longer prose work, whichever is less.  one chart, graph, diagram, drawing, cartoon or picture per book or periodical.

A Teacher May Reproduce:  10% or 1,000 words, whichever is less, of a copyrighted text work.  10%, but no more than 30 seconds, of the music and lyrics from an individual musical work.  10% or three minutes, whichever is less, of a motion media  Video  Animation  Film  a photograph or illustration.  up to 10% or 2,500 fields or cell entries, whichever is less, from a database or data table.

Teachers Should Inform Students That:  Copyright laws apply to them.  Infringement penalties apply to them.  “Fair use” guidelines apply to them.  Sources should always be cited.

 When a teacher or student uses copyrighted media without the permission of the author and exceeds the guidelines proposed in “fair use” this constitutes copyright infringement.  Teachers and students are not granted immunity from copyright infringement.

 A teacher makes copies from a text or workbook.  A student copies and pastes a section from an online source without crediting the source or using quotation marks.  A teacher makes copies from a consumable book.  A student uses a copied music clip that is one minute in length during a presentation.  A teacher uses a copied clip from a movie that is five minutes in length.

 No more than 10% of a musical score can be copied and copies cannot exceed more than one copy per student  Copies can be made for constructing exercises or examination and the instructor and the institution may keep a copy  Emergency copies for lost purchased material are permissible  Printed copies can be edited; however, character and lyrics should not be distorted  Single copies are recorded performances are allowed for evaluation purposes  No copying for purpose of performances, except as outlined above

 “Fair use” allowed for educational institutions for purposes of research, parody, scholarship, teaching, criticism and reporting  Only programs aired for general public may be taped  Cable-only television may not be reproduced  School should be asked to tape program  Keep copies to limit  Tape may not be altered in any way  After ten days of classroom use, institution should decide whether to add tape to curriculum and request permission or buy rights  No later than 45 days after tape is made, must be destroyed

 After the ten-day classroom use period expires, the tape may be used only for evaluation -- that is, to determine whether it should be bought or licensed for permanent inclusion in the teaching curriculum. Not later than 45 calendar days after the tape was made, it must be destroyed.  Then have to get permission from publisher of licensee.

 I am the owner of rights to ___________________________________________  [title of work] and I authorize its display and  reproduction at the ___________________________________________________  [name of website] website located at _________________________________  [insert URL for site] for a period of _________________________________  [insert length of time].  chapter6/6-a.html#5 chapter6/6-a.html#5

 Rules for text, music and artwork listed previously still apply to websites  Two problems to focus:  Copyright infringement is violated when information is transferred across websites (copying or downloading) without permission  Website links do not create problems when hyperlink consists of a word. However, permission is necessary when link is a trademark for the linked site

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