All About Copyrighting By: Tracy Nguyen EDUC 5306

What is Copyright? Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic and certain other intellectual works.

So What Works Are Protected? Literary works Musical works Pictures and graphics Motion pictures and other audiovisual works Sound recordings Architectural works

How Long Does Copyright Last? Copyright last for life plus 70 years for works that are published after 1977. If works that are published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.

Fair Use What is it? -A fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Do I need permission from the copyright owner? -No Who is included in this clause? -Everyone is included in the fair use clause as long as the material is being used in accordance to the fair use guideline.

Fair Use 101 There are four factors: The purpose and character of your use -Are you using it in transformative way? -Is it for educational purposes? -Is it non-profit? The nature of the copyrighted work -Was it a published work? -Did it contain factual information? The amount and substantiality of the portion taken -Was the information used from the copyright material relatively small? -Was the information not essential? The effect of the use upon the potential market -Will the owner still profit from their own works? If you answer YES to all the questions, then you did not violate fair use guidelines

Multimedia Usages in a Classroom How do we know if adhered to the copyright laws? As teachers and students, we may create multimedia works for face-to-face instruction, directed self-study, or remote instruction provided that the multimedia works are used only for educational purposes involving learning activities at a non-profit educational schools. HOWEVER, there are some limitations that teachers and students should know about when creating school projects or presentations: Can only be allow to use up to 10% or 1,000 words of a copyrighted text You can only use up to 10%, but not more than 30 seconds, of the music and lyrics from an individual musical work Can only allow up to 10% or three minutes of a copyrighted motion media work such as an animation, video, or film image When using photographs and illustrations from a published collective work, you may use no more than 10% or 15 images

What about musical works? If you are a music instructor or a teacher who like to use musical works in the classroom can: -Make copies of excerpts of sheet music or other printed works, as long as the excerpts do not constitute a “performable unit,” such as a whole song, section or movement. -Can make no more than 10% of the whole work that are copied and the number of copies may not exceed one copy per pupil. Instructors may not: copy from works intended to be used in the course of study or teaching such as workbooks, exercises, standardized tests and answer sheets -copy any materials without including the copyright notice which appears on the printed copy What about my students? -Students can make a single recording of a performance of a copyrighted music for evaluation or rehearsal purposes, and teacher can keep a copy.

Using films in classroom Teachers can use films and videos as long as they follow these guidelines: 1. The film must be shown as part of the instructional program. 2. The film must be shown by students, instructors, or guest lecturers, and can only be shown to students and educators. 3. The film must be shown either in a classroom or other school location used for instruction. 4. The film must be shown either in a face-to-face setting or where students and teachers are in the same building or general area. 5. The film shown must be a legitimate copy, with the copyright notice included. 6. Films or videos may not be used for entertainment or recreation.

Rules for Taping TV Programs Only programs broadcast to the general public may be taped. The guidelines do not apply to programs available only from cable television services such as Showtime, HBO, The Disney Channel, etc. The tape may not be altered in any way. For example, tapes may not be edited to create compilation. A limited number of copies may be made from each off-air recording. Each copy is subject to all the provisions governing the original recording. After the ten-day classroom use period expires, the tape may be used only for evaluation to determine whether it should be bought or licensed for permanent inclusion in the teaching curriculum. After 45 calendar days after the tape was made, it must be destroyed.

Posting on a Website What you need to know: Posting is when a user send information from the user’s computer to the website The site that permits uploading of material can post a notice prohibiting any unauthorized activities and require that perpetrators pay for any damages caused by such activities. The majority of the time the website will include a “Click to Accept” agreement setting forth similar terms and the users won’t be allowed to post until they accepts the agreement. Whoever maintains the site can be held liable for allowing the material to be posted on the site. When there are unauthorized material that are post, the wisest thing is to remove it before and any legal actions are involved. What you need to know:

I don’t want to be sue for copyright infringements How do I get permission? Determine if permission is needed. Identify the owner. Identify the rights needed. Contact the owner and negotiate whether payment is required. Get your permission agreement in writing. As a teacher, you are permitted to make one copy of a chapter from a book; an article from a periodical or newspaper; a short story, short essay, or short poem; a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. You can also make copies to hand out to your students in class.

Why should teachers and Students care about copyright? You can be asks to pay for the cost of damages and profits. This can cost from $200 to $150,000 for EACH work infringed. You have to pay attorneys’ fees and court costs. The Court can issue a ban to stop the infringing acts and impound all the illegal works. Lastly, you can go to JAIL.

References Fairuse.stanford.edu (2010) Stanford Copyright & Fair Use Center. [online] Available at: http://fairuse.stanford.edu/ [Accessed: 7 Feb 2013]. (Www.Copyright.Gov), U. (2012) U.S. Copyright Office. [online] Available at: http://www.copyright.gov/ [Accessed: 7 Feb 2013].