COPYRIGHT Erika Silva

What is Copyright Infringement?  A copyright infringement would be any violation of the rights of the copyright’s owner(s).  A copyright is a type of security that an author of an original work, including literary, dramatic, musical, artistic, and several other products, receives by the laws of the United States (title 17, U.S. Code).  The protection is provided for published and unpublished works.

Penalties  Pay the dollar amount for damages and profits  The law proposes the penalty of $200 to $150,000 for each work infringed  The person could even serve jail time

What is Fair Use?  How to avoid copyright infringement? FAIR USE  A fair use is a copying of any copyrighted material that will be “transformed” or changed in its totality such as to comment upon or parody.  This type of use can be done without permission from the owner of the work’s copyright.  The entire public is included in fair use.

Is this Fair Use? Is it for a nonprofit educational reason? Is it going to be used for criticism, commentary, or parody? Or… is it going to be use for commercial reasons? The purpose of the work’s use Is the work fact and published? Or…is the work unpublished? The type of copyrighted work Are you taking a small amount? Or…are you taking a bigger amount and the heart of the work? The amount of the work taken Will the usage of this work not affect its monetary value as the use is fair? Or…will using the work deprive income from the copyright’s owner or decrease the market value of the work? The effect of the use upon the value of the work

Multimedia and the Classroom  A multimedia work can include a grouping of music, text, images, and graphics  Students and Instructors may make a multimedia work that is for:  Face-to-Face Instruction  Directed Self-Study or Remote Instruction, as long as the multimedia work is used only for educational purposes at a nonprofit education institution  A teacher may use the multimedia work for teaching up to two years after the first use

Multimedia and Instructors  There are “Educational Fair Use” Guidelines that provide teachers “greater certainty and protection”  “Educational Purposes” is defined to mean  Non-commercial instruction to students at a nonprofit educational institution  Planned non-commercial study directed toward adding a contribution to the field of knowledge  Presentation of research findings at non-commercial peer conferences, workshops, or seminars.

Use of Text Materials  A teacher may make one copy of: a chapter of a book, an article from a newspaper, a short story, short essay, a chart, diagram, or cartoon  The teacher may photocopy articles, but it should not replace a text or workbook  A notice of copyright should be included in each copy  Not more than one short poem, article, essay, or two excerpts from the same author, nor more than three from the same periodical or collection during one class term

Examples of Text Materials  A complete poem if less than 250 words or an excerpt of not more than 250 words from a longer poem  A complete article, story, or essay if less than 2,500 words or an excerpt from any prose work if less than 1,000 words or 10% of the work, whichever is less  One chart, diagram, drawing, cartoon per book or per periodical issue

Use of a Musical Score  Up to 10%, but no more than 30 seconds, of the musical and lyrics from a musical work may be reproduced or used in a multimedia project  Music Educators: Copies of excerpts of sheet music or printed works can be used as long as it is not a whole song, section, movement or aria. No more than 10% of the whole work may be copied, and only one copy per student

Use of Film  Up to 10% or 3 minutes, whichever is less, of a motion media work may be reproduced or used in a multimedia project

Use of Recorded Television Show  An nonprofit education institution can record a television program and keep it for 45 days  The teacher can use the tape for instructional purposes for the first 10 days and for the next 35 days the teacher can use it for evaluation purposes  If the teacher decides to make it part of the curriculum, then permission must be obtained  After 45 days, the recording must be erased

Permission  The Permission Process  Determine if permission is needed As reviewed some works may be used without permission from the owner  Identify the owner There could be more than one owner  Identify the rights needed State the intended use of the work  Contact the owner and negotiate if payment is required Expect permission to take one to three months and price varies depending on the decision of the owner(s)  Get your permission agreement in writing Implied agreement is not as reliable as a written agreement

Are you Creating a Website?  When creating a website, assume everything in the Internet is under copyright or trademark protection  Clip art, freeware, or material labeled “copyright-free” may not be always copied and distributed: Read the “Click-Wrap Agreements”  If someone complains about the usage of protected material: Remove It and then Investigate the Claim  When in doubt of the use of a work, simply ask for permission from the owner

Websites: Transferring and Linking  When transferring copyrighted material to or from a website without permission = Infringement  Copying and Downloading  Uploading and “Posting”  Website Links  No need for permission for a simple word link (hyperlink)  When link includes a trademark from the link site need permission= Infringement  Framing linked information from the linked site in your website= Infringement

Credits  United States Copyright Office United States Copyright Office  Stanford University: Copyright and Fair Use Stanford University: Copyright and Fair Use  Purdue University: Penalties Purdue University: Penalties  University of Texas: Multimedia Fair Use Guidelines University of Texas: Multimedia Fair Use Guidelines