COPYRIGHT Rules and Regulations By Maria Soorma

WHAT IS COPYRIGHT?  Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

PENALTIES  Infringer pays the actual dollar amount of damages and profits.  The law provides a range from $200 to $150,000 for each work infringed.  Infringer pays for all attorneys fees and court costs.  The Court can issue an injunction to stop the infringing acts.  The Court can impound the illegal works.  The infringer can go to jail.

FAIR USE  Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.  Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute may have to be resolved by a lawsuit or arbitration. If it’s not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.

ACADEMIC COURSEPACKS  An academic coursepack is a (usually photocopied) collection of materials used in the classroom, distributed either in book format or as class handouts. Coursepacks are commonly offered for sale in campus bookstores, although professors may arrange to sell them in class.  Most publishers grant “clearances” for coursepacks—that is, for a fee, publishers give permission for their books or articles to be copied and distributed in educational contexts.

GUIDELINES FOR DIGITAL COPYING  Under proposed guidelines, educators can digitize analog images (non-digital photographic prints or paintings).  Under proposed guidelines, an educator may display a digital image prepared from an analog image if the display is for educational purposes, such as face-to-face teaching or scholarly activities at a nonprofit educational institution.

GUIDELINES FOR TEACHERS  Illustrations/Photographs: Single works may be used in their entirety, but no more than five images by a single artist or photographer may be used.  Video: Copies may be made for archival purposes or to replace lost, damaged, or stolen copies. The material must be legitimately acquired (a legal copy, not bootleg or home recording).

GUIDELINES FOR TEACHERS  Internet: Images may be downloaded for student projects and teacher lessons. Resources from the Web may not be reposted onto the Internet without permission. However, links to legitimate resources can be posted.  Music: Up to 10 percent of a copyright musical composition may be reproduced, performed, and displayed as part of a multimedia program produced by an educator or students.

WORKS CITED  Copyright Basics:  Copyright Infringement Penalties:  Fair Use: ml ml  Guidelines for Teachers: opyright_chart.pdf opyright_chart.pdf