RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

UNAUTHORIZED DISTRIBUTION FAIR USE INTELLECTUAL PROPERTYREPURPOSE TRANSFORMATIVE USE PUBLIC DOMAIN-CREATIVE COMMONSEXCLUSIVE RIGHTS

COPYRIGHT PROTECTION Copyright Act 1976 Federal statute EXCLUSIVE ASSIGNABLE LEGAL RIGHT OF ORIGINATOR OR ASSIGNEE RELATING TO A PIECE OF WORK OR A FORM OF IT WORDS- NUMBERS NOTES- SOUNDS PICTURES-PRINT Literary Artistic Works Musical* Sound Recordings Text *Computer Programs PHOTOGRAPHIC- SCULPURE PUNCHED-MAGNETIC ALL STABLE FORM CAN READ- CAN FIX IN A MACHINE CAN MAKE COPY OF PROTECTION BY LAW TO AUTHORS /CREATORS OF ORIGINAL WORKS OF AUTHORSHIP Copy* Reproduce* Sell* Distribute*Print *Publish Perform * Film or Record Book- Play- Single Sentence- Poem Presentation Not Facts EXCLUSIVE RIGHTS TO CONTROL REPRODUCTION, DERIVATIVE WORK, DISTRIBUTE, TRANSFER OWNERSHIP, PUBLIC PERFORMANCE, PUBLIC DISPLAY Original works of authorship fixed in any tangible medium of expression PREVENTS UNAUTHORIZED COPYING OF INTELLECTUAL WORK You Can’t Copyright IDEAS & TITLES

CONTACT WEBMASTER LETTER TO PUBLISHER PROBABLY “ORPHAN WORK” : WORKS FOR WHICH COPYRIGHT OWNER CANNOT BE FOUND- CALCULATE THE RISK THAT AUTHOR COULD EMERGE AND EXERCISE LAWS See : Public domain and orphan works. For more informationPublic domain and orphan works OBTAIN PERMISSION OR AUTHORIZATION FROM COPYRIGHT HOLDER PORTION OF COPYRIGHTED WORK CAN’T IDENTIFY THE AUTHOR, THEIR ESTATE, BUSINESS OWNERS NO SUCCESS IN CONTACTING THEM REPRODUCE WEB INFORMATION EXCERPT FROM A BOOK

HOW LONG BEFORE A COPYRIGHT EXPIRES? WORKS CREATED SINCE JANUARY 1, YEARS AFTER CREATOR’S DEATH WORKS CREATED BEFORE January 1, 1978 – 28 T0 67 YEARS FROM DEATH OF AUTHOR & RENEWABLE WHAT HAPPENS WHEN A COPYRIGHT EXPIRES WORK IS IN PUBLIC DOMAIN-NO ONE OWNS IT-NO NEED FOR REPRINT PERMISISION IT IS STILL IMPORTANT TO CITE THE SOURCE EVEN IF IT IS IN PUBLIC DOMAIN WHEN IN DOUBT ASK FOR PERMISSION TO AVOID COPYRIGHT VIOLATION & DOCUMENT YOUR ATTEMPTS Copyright protects material regardless of whether the owner cares or not Unsuccessful attempts for permission do not eliminates liability for infringement The institution is likely to be liable, along with an accused individual, for the infringements of faculty, students and staff, most institutions advise such individuals not to use works for which required permission cannot be obtained. But many institutions are beginning to look at this reaction more carefully, and may determine that at times there are important considerations favoring limited nonprofit educational use of materials that would counterbalance the risk of harm to someone's legal rights.

Original work published after March of 1989 is automatically Copyrighted “If it does not say it is copyrighted, it is not copyrighted.” Whether you make profit or not from reuse of copyrighted material, distributing its ILLEGAL “It is okay to put copyrighted material on my Web site because I do not charge people to look at it ” NO!!!! “I found it on the Internet, therefore it is okay for me to copy it.” NO!!!!! Most of the text on the Internet is indeed copyrighted Internet copyright infringement is a serious breech and can result in prosecution I changed it so it’s no longer copyrighted NO!!! Only owner can create “derivative works” or profit from intellectual property Fair use allows me to reprint the material. No!!! Fair use gives right to reprint only brief excerpts without permission. Its all in the intention and character of the use

FAIR USE NATUREPURPOSEAMOUNT OF USE EFFECT ON POTENTIAL MARKET TRANSFORMATIVENESS REPURPOSE ADD VALUE CULTURAL /MONEY MARKET VALUE CONTENT COST TO COPYRIGHT HOLDER LESS THAN BENEFIT TO SOCIETY SEARCH AND USE CREATIVE COMMONS LICENSED MATERIALS MEANT FOR EDUCATORS AND STUDENTS

THE MOMENT YOU HIT SAVE TOUCH PENCIL/PEN TO PAPER BRUSH TO CANVAS FROM MOMENT OF FIXATION IN TANGIBLE MEDIUM COMPUTER MEDIA =TANGIBLE IF YOU WILL LIKELY SUE SOMEONE FOR INFRINGEMENT : EXTRA MILE Register at copyright office AUTOMATIC

IMPLIED LICENSE FOR INTERNET MATERIALS Internet posting : expectation to be read, downloaded, printed, forwarded, repurposed Boundaries vague NOT ALWAYS CLEAR ON: rights to create derivatives Large scale distribution of material by nonprofits NOT FOR COMMERCIAL USE OF THE WORK WITHOUT PERMISSION EXPRESS LICENSES FOR INTERNET MATERIALS Spell out rights author grants public CREATIVE COMMONS LICENSE Attach this to postings on website or uploads to permit creative use of your work POSTING INFRINGING WORKS YOU ARE LIABLE FOR COPYINH AND DISTRIBUTING COPYRIGHTED WORK WITHOUT PERMISSION UNIVERSITIES & LIBRARIES CAN BE HELD LIABLE FOR EMPLOYEES AND STUDENTS WHO VIOLATE COPYRIGHT USING MATERIALS ACCESSED FROM THE UNIVERSITY’S SYSTEM EDUCATIONAL INSTITUTIONS MUST PAY ATTENTION TO ACTIVITIES OF USERS ON THEIR NETWORKS EDUCATE USERS ABOUT INVESTIGATE COMPLAINTS ABOUT INFRINGEMENT

Ask whether they own the copyright or whether the work was work for hire Identify the author or authors and contact one or more of them Ask whether they have conveyed away any of their rights, and if so, to whom.

AVOID INFRINGEMENT USE HARDWORK CREATIVITY COMMONSENSE MUSIC NEED PERMISSION OR ELSE ONLY 10% AND NOT MORE THAN 30 SECONDS FIND ROYALTY FREE MUSIC VIDEO SPECIFIC TO CURRICULUM CAN’T COPY TO DIFFERENT FORMAT LEGALLY PURCHASE A COPY ROYALTY FREE PICTURES OR TAKE YOUR OWN PICTURES PERMISSION FROM -PUBLISHER- -WEBMASTER- -SUBJECT – -PHOTOGRAPHER-

DIGITAL MEDIA MUST BE LEALLY ACQUIRED SEEK PERMISSION OBSERVE RECOMMENDED GUIDELINES IF UNABLE TO GET PERMISION DIGITAL MEDIA INCLUDES ILLUSTRATIONS PHOTOGRAPHS DIGITAL SOFTWARE ORIGINAL WORK CITE ALL MATERIALS USED TO CREDIT THE SOURCE GUIDELINES POEMS ALL OF A 250 WORDS POEM MORE IF LONGER POEM SAME AUTHOR 3 POEMS OR LESS NOT MORE THAN 5 POEMS FROM DIFFERENT AUTHORS GUIDELINES TEXT 10% OR 1000 WORDS WHICHEVER IS LESS GUIDELINES MOTION MEDIA 10% OR 3 MINUTES WHICHEVER IS LESS GUIDELINES MUSIC VIDEOS 10% OF THE WORK OR 30 SECONDS MAXIMUM GUIDELINES PHOTOGRAPHS AND ILLUSTRATONS ENTIRE WORK NOT MORE THAN 5 IMAGES PER PHOTOGRAPHER OR ARTIST NOT MORE THAN 15% OR 10% WHIGHEVER IS LESS FROM ONE PUBLIXHED WORK GUIDELINES COPYRIGHTED DATABASES OR TABLES 10 % OR 2500 FIELD ENTRIES

TECHNOLOGY HANDBOOK MODULE 6. The McGraw-Hill Companies, Inc. All rights reserved. UMUC (2015). Copyright and Fair Use in the UMUC Online or Face-to-Face Classroom. ght.cfm