C OPYRIGHT L AW P RESENTATION By Kaylee Nelson EDUC 5306

W HAT I S C OPYRIGHT I NFRINGEMENT ? Students your literary works, musical works, dramatic works, pictorial works, graphic works, motion pictures, and audiovisuals are all copyrightable! Copyright means that the author owns his/her own work! Anyone who uses the rights to another’s work without permission commits copyright infringement. “Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.” –Wikipedia

C OPYRIGHT I NFRINGEMENT F OR S TUDENTS After you create your work, aren’t you proud of it? You have spend a lot of time creating that perfect story, drawling, or video; and have the rights to what you created! Musicians, authors, and illustrators also have the rights to what they have created. Make sure to respect another creator’s work and do not claim it as your own. You would hate for someone to copy your work without permission!

P ENALTIES F OR C OPYRIGHT I NFRINGEMENT Pay actual dollar amount of damages AND profits Law provides a range from $400-$150,000 for each work Infringer has to pay for all attorney fees and court costs The court can issue an injunction to stop the infringing acts and can impound the illegal works The infringer can go to jail -Purdue University

T IPS T O A VOID C OPYRIGHT I NFRINGEMENT Get the author’s permission before using their work If one cannot get the author’s permission, restate it using your own words Always assume that someone else’s work is protected by federal copyright, until it is proven otherwise Learn about public domain laws Don’t rely on “fair use”

F AIR U SE Fair use allows students to use limited amount of copyrighted works for educational or research purchases. These four factors are used when the courts are deciding if a work is permitted as “Fair Use” or infringement of copyright: 1. The purpose and character of the use of copyrighted work 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for or value of the copyrighted work Before using Fair Use make sure you are absolutely sure, otherwise you should seek permission to copy an author’s work.