Sjerrie Colburn. What is copyright infringement? A person who does not follow the copyright laws and violates the rights of the owner under these laws.

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Presentation transcript:

Sjerrie Colburn

What is copyright infringement? A person who does not follow the copyright laws and violates the rights of the owner under these laws. When someone: Copies the work Prepares derivatives Distributes copies Performs publically Displays publically …without the owner’s permission!

Penalties for copyright infringement Infringer is liable for owner’s actual damages and any additional profits the infringer accrued over time. Copyright owner may be entitled to compensation Copyright user may be criminally liable if willfully copy a work for profit or financial gain, if the value Exceeds $1,000 – 1 year in jail, plus fines Exceeds $2,500 – 5 years in jail, plus fines

What is fair use? A copyright principle based on the belief that the public is entitled to freely use portions of copyrighted material Fair use rights allow people to obtain: Copies for personal use Copies for educational purposes Commentary use Criticism Parody Or any other social beneficial uses

Fair use considerations Four factors for determining fair use: Purpose and character of the use, profit or nonprofit Nature of the copyrighted work Amount and substantiality of material used Effect of the use upon the potential market for or value of the copyrighted work

Multimedia for classroom Educators may use multimedia projects that they have created for a period of up to two years after the first instructional use with a class. Use beyond that time period, even for educational purposes, requires permission for each copyrighted portion incorporated into the production. Students may use them for the duration of the course for which they have been created.

Photographing text Copyright notice must accompany each copy Teachers may copy: 1 chapter 1 poem, 250 words or less 1 article, story, or essay (2,500 words or less, up to 10% for an expert)

Musical scores Music teachers can copy no more than 10% of a whole work not including a “performable unit” Copies may not exceed one copy per person Instructors may not Copy from workbooks Copy sheet music Copy recorded music

Film in the classrooms Permission must be granted for films being used for entertainment purposes or cultural values Permission is not required for educational purposes in a face-to-face setting with a lawful copy of the movie

TIVO for classrooms “…a TV program can legally be taped and shown to students only with the copyright owner’s permission” (Stanford Copyright). Tape may be used for: Instructional purposes – up to 10 days after recording Evaluation purposes – up to, but cannot exceed 35 days Tape may be used in curriculum: Permission must be obtained from the copyright owner Teacher(s) of the approved curriculum can show the tape once, then once more if needed After 45 days the tape must be erased or destroyed

Permission please Steps for acquiring permission: Determine if permission is needed Identify the owner Understand the rights needed Ask for documentation in writing “When in doubt, ask for permission!” Helpful hints (2 P’s) Planning ahead is essential Payment negotiation may be necessary

Website considerations In Google we trust… Individuals are not usually aware of copyright laws and violate them. Copyright laws for text, photography, music, and artwork still apply Transferring copyrighted material to or from a website requires permission Hyperlinks are permissible, without copyright logo When in doubt, seek permission

References (Images listed as appeared) explained.jpg ikibook_header.png CEE.jpg pictures.com/images/copyright-pictures.jpg&imgrefurl= pictures.com/&usg=__bj4nrpImyc7WeHfToIXHDPGN5yg=&h=480&w=480&sz=41&hl=e n&start=22&zoom=1&tbnid=Spi7a1kzgkcrhM:&tbnh=129&tbnw=127&prev=/images%3Fq %3Dcopyright%26um%3D1%26hl%3Den%26biw%3D1259%26bih%3D576%26tbs%3Disc h:1&um=1&itbs=1&iact=rc&ei=fZy9TNPvJcrNnget1vGJDg&oei=H5u9TPjjCIP68AbI8fjTAg &esq=4&page=2&ndsp=21&ved=1t:429,r:19,s:22&tx=27&ty=

References (Written)