Copyright Law Important information for teachers and students Elian flores Hbu Spring 2016

What is the copyright law? Copyright protection is for original works such as literary works, musical works and word, dramatic works with accompanying music, pantomimes and choreographic works, pictorial , graphic an sculptural works, motion pictures , sound recordings and architectural works. Copyright can not be applied ideas, procedures, process, method of operation. Copyright protects owners of copyrighted work .

1. What is the penalty for copyright infringement? The owner is entitled to file a lawsuit in federal court. The owner can ask the court to do the following: 1. Issue restraining orders and injunctions to prevent further violations 2. Award money damages if it is appropriate 3. Award attorney fees.

What are some common legal defenses to copyright infringement? Too much time has elapsed between the infringing and the law suit. The statue of limitation defense - criminal prosecution for copyright infringement extends to five years, civil prosecution is limited to three. 2. The infringement is allowed because the fair use doctrine. a. The fair use doctrine is when a person legally copied part or all of somebody else's work without that person's permission, before violating copyright law. 3. The infringer had no reason to know the work was protected by copyright and the infringing work was independently created. The innocent infringer does not have to pay any damages to the copyright owner but they have to stop the infringing activity and sometimes must pay the owner for reasonable commercial value of the use.

2.     What does the term “fair use” mean and who is included in the fair use clause? Fair use is a legal doctrine that allows limited use of copyrighted material without the need for permission from the copy right owners. The fair use doctrine can be used as a legal defense to have limited use of copyrighted material. There are many examples of fair use for example, commentaries, search engines, criticism, news reporting, research and scholarship. In order to adhere to fair use the use of copyrighted material should be a short part and credit to the owner must be given.

3. What are the conditions for deciding fair use? Judging if the use a copyrighted item is fair use is a difficult task of distinguishing private interest of the copyright owner and public interest. Items used for public benefit and educational benefit are not automatically defendable under fair use. It’s important to contact a copyright professional especially if you already requested to use any copyrighted work and were denied permission. The determination of fair use can be complex and is guided by four important questions What is the character of the use? What is the nature of the work to be used? How much of the work will you use? What effect would this use have on the market for the original or for permissions if the use were widespread?

How may fair use look in the classroom? Quotations of certain portions of work for review or criticism so they can be used as an illustration or a comment. Quotation of short passages in to study the author’s point of view. Reproduction of material for classroom use where the reproduction is due to the topic being relevant to the topic of discussion for that day. The use of short portions of a work. A summary of an article which may include short quotations from copyrighted material.

4.     When using multimedia in the classroom, what kinds of things need to be considered when determining whether copyright has been adhered to? The copyrighted material in non-digital form can be protected in digital form. Copyrighted material can include: Print and electronic books Digital music recordings Print letters and email letters Websites Embedded works in websites

What are PERMITTED USES OF EDUCATIONAL MULTIMEDIA PROGRAMS? Students Teachers Students may perform or display their own multimedia projects for educational purposes. They may use their own portfolios for job interviews or graduate school interviews. Students may use legally purchased copyrighted works as they create their own multimedia projects. Educators may perform or display their won multimedia projects for : Face to face instruction Assigning student for self directed study For remote instruction and to give access to students for self directed study. Educators may use portions of legally copyrighted works as they create their own multimedia programs as a teaching tool to support curriculum based instructional activity.

For Teachers: How many copies can I make?  A single copy can be made for: A chapter from a book Article from a periodical or news paper A short story, essay, poem A chart, graph, diagram, cartoon , picture book, periodical or news paper

For Teachers: How many copies can I make? Multiple copies for classroom use may be printed of print, digital copies of articles, book chapters . The copies must be aligned with the teachers teaching purpose. The amount copied includes only what is needed for the teaching objective. The access to the distributed resource is only for the duration of the course and is limited to the student enrolled the course. The copy gives credit to the owner Work that is designed to be consumable may not be copied. This includes work books, exercises, standardized tests , test booklets an answer sheets. This should not substitute the purchase of the copyrighted items.

6. What are the conditions for using another’s musical score? Students and teachers can legally use another person musical score under these conditions: It must be a placed devoted to instruction The performance must be in person and complying with face to face teaching activities. Teachers and students may perform or display any work for teaching purposes. The instructor may play movies and music for students as long as they are legally bought. The student can perform arias, poems, act out scenes, or music.

7. What are the guidelines for using film in the classroom? Schools may show movies in the classroom as long as they are purchased legally or rented legally for classroom teaching. The emphasis is placed on making sure the film was legally rented or purchased. The permission is for face to face teaching activities. Teacher or substitute must be present as the film is being shown.

8.     What if you want to tape something off the TV to use in the classroom…What are the rules here? Television programs are protected by the copyright law. TV programs can be shown with copyrighted permission from the owner. Under the fair use rule teachers may make limited use of copyrighted material with out the permission for the owner for teaching, research , scholarship, criticism, parody and news reporting.

9. How can you get permission to use items in your classroom? Plan ahead to request permission from the copyright owner. If you cannot find the copyright owner you can search for the copyright owner in U.S Copyright office. The copyright office can search for the works that have been registered. Request for permission should include: Your name, address, telephone number and e-mail address Your title, position and institution's name The date of your request The title of the work to be copied with a description and citation of that work A description of how the work is to be used, by whom and for how long A signature line for the copyright holder to sign, signifying that permission has been granted

9. How can you get permission to use items in your classroom? You can obtain permission through the Copyright Clearance Center. The Copyright Clearance Center can provide instant authorization for many different kinds of copyrighted material. (copyright.com)

10.  When items are posted to a website what should the creator be careful to consider? Did I obtain the legal permission from copyrighted owned material to post this information? Did I copyright any original material legally so that I can own it? Am I illegally using someone else's copyrighted material in a way that I can be legally charged? Am I abiding by copyright law to ensure I am not breaking any part of the copyright law?

References 1. http://fairuse.stanford.edu/overview/faqs/registration-and-enforcement/ 2. http://www.expertlaw.com/library/intellectual_property/fair_use.html 2.http://www.templetons.com/brad/copymyths.html 3. http://www.copyright.com/learn/about-copyright/ 3.http://www.expertlaw.com/library/intellectual_property/fair_use.html 4. http://copyright.lib.utexas.edu/ccmcguid.html#3 4. https://www.copyright.com/Services/copyrightoncampus/content/digital.html

References 5. http://copyright.universityofcalifornia.edu/use/teaching.html 6. https://www.lib.umn.edu/copyright/limitations 7. http://www.teachwithmovies.org/copyright.html 8.    What if you want to tape something off the TV to use in the classroom…What are the rules here? 9. http://fairuse.stanford.edu/overview/introduction/getting-permission/ 10. stanford.edu http://www.copyright.gov/title17/92chap1.html#102