What is the penalty for copyright infringement? What does the term “fair use” mean and who included in the fair use clause? In copyright law, there is.

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Presentation transcript:

What is the penalty for copyright infringement?

What does the term “fair use” mean and who included in the fair use clause? In copyright law, there is a concept of fair use, also known as; free use, fair dealing, or fair practice. Fair use sets out certain actions that may be carried out, but would not normally be regarded as an infringement of the work. The idea behind this is that if copyright laws are too restrictive, it may stifle free speech, news reporting, or result in disproportionate penalties for inconsequential or accidental inclusion.

What are the conditions for deciding Fair use? The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work

When using multimedia in the classroom, what kinds of things need to be considered when determining whether copyright has been adhered to? For the purposes of copyright guidelines, educators include faculty, teachers, instructors and others who engage in scholarly, research and instructional activities for educational institutions. The copyrighted works used under these guidelines are lawfully acquired if obtained by the institution or individual through lawful means such as purchase, gift or license agreement but not pirated copies. Educational multimedia projects which incorporate portions of copyrighted works under these guidelines may be used only for educational purposes in systematic learning activities including use in connection with non-commercial curriculum-based learning and teaching activities by educators to students enrolled in courses at nonprofit educational institutions or otherwise permitted under Section 3. While these guidelines refer to the creation and use of educational multimedia projects, readers are advised that in some instances other fair use guidelines such as those for off-air taping may be relevant.

What are the conditions of using someone else’s words? Plagiarism is defined as quoting or paraphrasing text from another author without both (1) the indicia of a quotation and (2) a proper bibliographic citation. The indicia of a quotation is either (1) enclosing the text in quotation marks or (2) formatting the text as an indented, single-spaced block. Information about the form(s) of a bibliographic citation is given in academic style manuals (e.g., The Chicago Manual of Style). At a minimum, a proper citation must contain the author's name and enough information about the source of the quotation, so that the reader can easily find the quotation in the original. For quotations from a webpage, the author's name and the URL of the webpage must be given.

What are the conditions for using another’s musical score? If you use samples of music by other authors in your work, ensure that you get permission to use the work before you attempt to publish or sell your work. Similarly, if you use loops or samples available via sample collections etc. ensure that these are licensed as free to use, or obtain permission first.

What are guidelines for using film in the classroom? The film must be shown as part of the instructional program. The film must be shown by students, instructors, or guest lecturers, and can only be shown to students and educators. The film must be shown either in a classroom or other school location devoted to instruction. The film must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area. The film shown must be a legitimate copy, with the copyright notice included. Films or videos may not be used for entertainment or recreation.

What if you want to tape something off the TV to use in the classroom? What are the rules here? A classroom teacher who wants a particular program taped should ask the school to record it. The recording may be shown only during the first ten consecutive school days after it is made, and only in a classroom or similar place devoted to instruction. A recording may be shown to several classes if appropriate. A limited number of copies may be made from each off-air recording. Each copy is subject to all the provisions governing the original recording. The recording may not be altered in any way. For example, recordings may not be edited to create an anthology or compilation. After the ten-day classroom use period expires, the recording may be used only for evaluation -- that is, to determine whether it should be bought or licensed for permanent inclusion in the teaching curriculum. Not later than 45 calendar days after the material was recorded, it must be destroyed. Only programs broadcast to the general public may be recorded. This includes all programs broadcast to homes and schools. The guidelines do not apply to programs available only from cable television services such as Showtime, HBO, The Disney Channel, C-Span,and ESPN. A classroom teacher who wants a particular program taped should ask the school to record it. The recording may be shown only during the first ten consecutive school days after it is made, and only in a classroom or similar place devoted to instruction. A recording may be shown to several classes if appropriate. A limited number of copies may be made from each off-air recording. Each copy is subject to all the provisions governing the original recording. The recording may not be altered in any way. For example, recordings may not be edited to create an anthology or compilation. After the ten-day classroom use period expires, the recording may be used only for evaluation -- that is, to determine whether it should be bought or licensed for permanent inclusion in the teaching curriculum. Not later than 45 calendar days after the material was recorded, it must be destroyed. Only programs broadcast to the general public may be recorded. This includes all programs broadcast to homes and schools. The guidelines do not apply to programs available only from cable television services such as Showtime, HBO, The Disney Channel, C-Span,and ESPN.

How can you get permission to use items in your classroom? Use lawfully acquired copies of materials, (e.g., items you or the institution purchased, obtained through interlibrary loan, or licensed). Do not use pirated or illegally copied materials. Even if you are permitted to use the works, include copyright notices on any copyrighted materials you use. In general, it is a good idea to use only the amount of a work that is needed to achieve your pedagogical goals.

When items are posted to a website what should the creator be careful to consider? If posting photos or other personal information, other can gather that information and use for personal use. Also once something is posted it is out there for everyone to view and sometimes can not be forgotten.