Copyright Law Presentation Created by Jennifer R. Moreno Calix

What is the penalty for copyright infringement? INFRINGER PAYS FOR Damages and Profits Fines ranging from $200-$150,000 for each work All attorney and court fees THE COURT CAN: Issue injunction to stop infringement Impound illegal works INFRINGER CAN GO TO JAIL

What does the term “fair use” mean and who is included in the fair use clause? Fair use is any copying of copyrighted material done for a limited and “transformative” purpose: EVERYONE IS INCLUDED COMMENT CRITICIZE PARODY

What are the conditions for deciding fair use? Purpose and Character of Use- How will it be used and how will it be transformed? Nature of Copyrighted work- Has the work been published? Amount and Substantiality of Portion Taken- How much are you taking? Is it the heart of the work? (Less is always more) Effect of use upon potential market –Will your use deprive the copyright owner of income or will it create a new or potential market?

When using multimedia in the classroom, what kinds of things need to be considered when determining whether copyright has been adhered to? Educators and students must credit sources Educators and students must display the copyright notice and copyright ownership information if available Copyright information for images may be shown in a separate bibliographic section unless: the presentation is being used for distance learning. If this is the case, the information must be incorporated within the image itself (incorporate it as a caption)

What are the conditions for using someone else’s words? You MUST: Ask owner for permission IF you CANNOT find the author: Contact Copyright Office for contact information OR Go to Copy Clearance Center to: Receive electronic and photocopied permission Receive subscription license for classroom use

What are the conditions for using another’s musical score? Any alterations cannot change the basic melody or fundamental character of the work Up to 10% of a copyright musical composition, but no more than 30 seconds Up to 10% of a body of sound recording, but no more than 30 seconds

What are the guidelines for using film in the classroom? Up to 10% of a copyrighted work OR 3 minutes, whichever is less Clip CANNOT be altered in ANY way

MUST include copyright warning What if you want to tape something off the TV to use in the classroom…What are the rules here? The institution can keep the tape for 45 days BUT ONLY use it in the classroom within the first 10 days MUST include copyright warning

When items are posted to a website what should the creator be careful to consider? ALWAYS remember to: Be careful with everything you use to avoid trouble such as infringement sues Everything you post is already copyrighted, but if you want to protect it under federal court, you MUST file to the Copyright Office

Bibliography Sources Used: Clip-arts Used: https://www.copyright.gov/ http://fairuse.stanford.edu/ http://www.ncpublicschools.org/copyright1.html http://www.copyright.com/ http://www.templetons.com/brad/copymyths.html http://guides.lib.utexas.edu/copyright Clip-arts Used: http://insertmedia.office.microsoft.com