Copyright and Fair Use Guidelines Presented by Misty Bellard

Copyright © Protection provided by the laws of the United States » Title 17, U.S. Code © Given to the authors of “original works of authorship” » literary » dramatic » musical » artistic » pantomimes and choreographic works » pictorial, graphic, and sculptural works » motion pictures and other audiovisuals » sound recordings © Available to both published and unpublished works

Exclusive Rights and Authorization To reproduce the work in copies or records To prepare derivative works based upon the work To distribute copies or records of the work to the public –selling –rental –lease –lending

Authority Continued To perform the work publicly To display the work publicly To perform the work publicly by means of a digital audio transmission

Copyright Protection Reproduction Modification Distribution Public Performance Public Display

What Cannot be Copyrighted? Facts Works in the Public Domain Mathematical Formulas URLs Most U.S. Government Material Blank forms Ideas

Common Misconceptions It’s not a violation because… It’s educator-authored No copyright symbol Schools are non-profit Internet is public domain I’m not charging I’m giving credit to the author I changed it – it’s not exactly like the original

Concept of Fair Use Criticism Comment News reporting Teaching Scholarship Research

Factors Determining Fair Use Purpose and character of the use –commercial nature –nonprofit –educational Nature of the copyrighted work Amount and substantiality of the portion used Effect of the use upon the potential market

What this means... If your purpose is to educate, and the nature of the work you are copyrighting is mainly facts, AND if you use only certain portions, and you are not taking sales away from anyone, then you may fall under the Fair Use Amendment.

Fair Use for Poems Not more than 250 words per poem No more than 3 poems per author Not more than 5 poems from different authors

Fair Use for Videos No more than 10% or 3 minutes Whichever is longer

Fair Use for Movie or Music No more than 10% or 30 seconds Whichever is longer

Off-Air Recordings Broadcast channels –Freely copy –Use within 10 days –Destroyed after 45 days –Never use/copy the same program again without permission Cable/Satellite –No Fair Use – permission required

Fair Use for Text No more than 10% or 1000 words Whichever is longer Is this legal?

Fair Use for Photographs No more than 5 per photographer 15 total from different photographers

Fair Use for Web Pages Fair use rules apply Always get permission

Computer Software Issues No “Fair Use” for software Purchased software – limited license Archival copy (backup only) Sharing CD-ROMS over a Network Sharing Programs over a Network

When is it acceptable to use Copyrighted Materials? When a license is specifically granted. –Microsoft Clip Art LicenseMicrosoft Clip Art License –Science Web SiteScience Web Site –Barry’s Clip ArtBarry’s Clip Art –Motion Picture Licensing CorporationMotion Picture Licensing Corporation When it passes the Fair Use Test

And for any project, you must always cite your sources!!!