Copyright and Fair Use

Topics Intellectual Property What is Copyright? What is Fair Use? Common Violations Guidelines TEACH Act 2002

Intellectual Property Intellectual property is the product of the creative mind Trademarks ®, ™ Patents (Processes and Inventions) Copyright © Music, paintings, sculptures, books, etc…

What Is Copyright? The exclusive rights to a publication, production or sale of the rights to a literary, dramatic, musical or artistic work. In other words, “... provides the creator of a work... the right to control how the work is used." Stephen Fishman, Esq. The Copyright Handbook, 1996

What Can Be Copyrighted? Original works of authorship fixed in a tangible form (can be retrievable) If you can see it, hear it and/or touch it Protection that covers published and unpublished literary, scientific and artistic works Most original expressions Literary Works, musical works, dramatic works, pictures or graphic works, motion pictures and other audiovisual works, sound recordings, pantomimes, and choreographic works.

When is a Work Protected? As soon as work is created Notice is not required for protection Registration is not required for protection

How Long Does Copyright Last? 1922 and earlier = public domain Sonny Bono Copyright Term Extension Act 1998  70 years after the death of an author  Or for corporate authorship the shorter of 95 years from publication or 120 years from creation

What’s Not Protected by Copyright  Works in the public domain.  Ideas and Facts  Words, names, slogans, or other short phrases also cannot be copyrighted.  Trademark laws may protect slogans

Whose Right Is It? RightsCopyright OwnerCopy Holders Read, listen to, or otherwise enjoy XX Reproduce the work X Distribute copies of the work X Digitally transmit the work (music) X Give away a personal copy of the work XX Sell a personal copy of the work X Publicly perform the work X Publicly display the work X

Fair Use Policy Guidelines for Educators (not law) Allows for individuals to use copyright material based upon (need all four elements to claim fair use): The purpose and character of the use Teaching (nonprofit), criticism/comment The nature of the copyrighted work Fact/Fiction The amount used in relation to the copyrighted work, substantiality and “essence of the work” The effect of the use upon the market

What Should Be Avoided?? Making multiple copies of different works instead of purchasing books. Copying and using the same works from semester to semester. Copying the same material for several different courses.

Common Violations Reproduction of Music Taping plays without permission Off Air Taping (TV)  Must be at teacher’s request  45 day retention-10 day for presentation rule Reproduction of Consumables Sending copyrighted material in an Links (need to show URL’s)

When Should You Seek Permission?? When you intend to use the materials for commercial purposes. When you want to use the materials repeatedly. When you want to use a work in its entirety and it is longer than 2,500 words (substantiality).

Tips for the Internet (No Specific Guidelines as of 2003) Internet Service Providers (schools) infringement exposure is limited – not extended to individuals in the schools (Digital Millenium Copyright Act) Always credit the source of your information The Internet IS NOT the public domain. Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received.

Guidelines for Students Shown in course for which created  Duration of course Portfolio Use  Indefinite

Guideline for Educators Support Instruction (work made with copyright material)– 2 years Portfolio Use - Indefinite 15 days on secured instructional site, (can be copied and checked out after, but with warning not to copy) 3 digital copies – 2 for use, 1 for backup (should be made by libraries and archives)

Guidelines for Documentation Full bibliographic information Copyright notice Images – Copyright notice and name of creator must be attached to file Notice of restrictions

TEACH Act 2002 Expanded educators’ rights to perform and display copyrighted works and make copies necessary in digital distance education Does not apply to works not legally made

TEACH Act Dramatic Works (videos, plays, movies)  Reasonable and limited portions (clips/segments) Nondramatic Work (+ excerpts from books)  Entire performance may be shown Still Images (charts, maps, graphs)

Resources Cyberbee.com U.S. Copyright Office iSafe.org html html 002/10/copyright_quiz.php 002/10/copyright_quiz.php ea/archives/TL/2002/10/copyright_chart.pdf ea/archives/TL/2002/10/copyright_chart.pdf