Chinwe Okenyi EDUC Instructor: Dr. Justin Burris

What is the penalty for copyright infringement? Infringement is the violation or breach of the legal exclusive right (copyright) of the author of a creative work. The penalty for infringement of copyright ranges from $200 up to $150,000 fine for each work that is infringed upon. Other penalties include restraining injunctions, impounding and disposition of infringing articles, damages and profits, costs and the attorney’s fees.

What does the term “fair use” mean and who is included in the fair use clause? Fair use aka “fair dealing” is a principle that allows certain types of limited copying without permission, of copyrighted materials in areas where it is felt that more important social usefulness would be violated such as reviewing movies, teaching or researching about it. Students, educators, scholars and researchers are permitted limited use of copyrighted materials in their projects under the “Fair Use” clause without seeking and obtaining permission. They however must follow guidelines and limitations.

.What are the conditions for deciding fair use? How will the courts determine whether the use of a copyrighted material is a “fair use” or not, is key to the above question? Primarily the courts will consider whether the fair use guidelines have been adhered to by examining the purpose and character of use. Was the use for commercial nature or for a non-profit educational purpose? The nature of the copyrighted works whether it is fictional or non- fictional as well as the social usefulness of freely available information: the style and content of the work, is it fact or fiction; merely descriptive or creative; published or unpublished. The courts will also examine the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of this use upon the potential market for or value of the copyrighted work.

What are the conditions for deciding fair use? The following four fair use conditions must be satisfied in deciding fair use: What is the character of the use? What is the nature of the work to be used? How much of the work will you use? What effect would this use have on the market for the original or for permissions if the use were widespread?

. When using multimedia in the classroom, what kinds of things need to be considered when determining whether copyright has been adhered to? Is my multimedia educational project being created under a fair use? Multimedia created by educators, faculty, staff, instructors and teachers, under the fair use clause, are lawful. The multimedia created for educational purposes and for satisfying curriculum set instructions in classroom situations, face-to-face or remote instructions, assignments, peer conferences and professional portfolios. Multimedia projects with copyrighted contents are limited to two-year use. Check the intellectual property and copyright policy of educational institution, schools or districts to be sure. Traditionally, materials teachers make for the classroom, handouts and lectures, or any material written for publication are owned by teachers, but sometimes policies distinguish between materials made in traditional form- handouts or monograph and digital form-multimedia.

When using multimedia in the classroom, what kinds of things need to be considered when determining whether copyright has been adhered to? Look at institution’s IP policy for distinction between material you create on your own initiative and those specifically assigned to you. Distinguish between normal use of teaching equipment and more involved uses of school equipment. For example, say you were assigned to create a website using IT staff for a specific purpose or class, that material you have created is likely a school property.

. What are the conditions for using someone else’s words? The first rule of thumb is documenting all secondary sources. When using someone else’s words put quotation marks around any exact words or phrases that you cannot or do not want to change taken from the original text. Also use a statement that acknowledge or credits the original source. If words are taken from a webpage, the author’s name and the URL of the webpage must be given. All creative work is presumed to be copyright protected. Nowadays, almost everything is copyrighted until it is proven that it not, in which case it is in the public domain. Teachers can use or quote freely under the fair use rules provided that they pass the test of brevity and spontaneity, in non-competitive way, for public benefit or for educational instructions.

.What are the conditions for using another’s musical score? A permissible amount of 10 percent but no more than 30 seconds of the music from an individual musical work is allowed free use. If samples of music by others are in your work, get permission to use the work before you attempt to publish or sell it. Also if you use loops or samples from sample collections make sure that these are licensed as free use or obtain prior permission when unsure. An entire musical score can be copied if it is out of print or for emergency performances. Copying musical scores which contain materials used under the fair use such as sound recordings can be copied once for the classroom and no more than two copies may be made for classroom use.

.What are the guidelines for using film in the classroom? US law permits “the performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a non-profit educational institution, in a classroom or similar place devoted to instruction…” It is not necessary to seek or obtain permission for using or showing films in the course of “face-to-face teaching activities” provided that the copy of the movie or film being is a lawful copy of the work. These limitations or exceptions does not apply to distance education.

What if you want to tape something off the TV to use in the classroom…What are the rules here? Television broadcast programs are programs transmitted by television stations can be recorded for classroom teaching instructions for non-profit educational purposes. This is legal use under the “fair use” clause. The following rules should guide the recording and use of television broadcast programs: Broadcast programs are the broadcasts transmitted by television stations to the general public to homes and schools without charge. Pay per view is not included. Off-the-Air recordings may be used once by an individual teacher in the course of relevant teaching activities, and repeated once, only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction. The Off-the-Air recording must be used during the first10 days after the recording was made and may retained for45 days, after which the recorded broadcast must then be destroyed. 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. Off-the-Air recordings do not have to be used in their entirety, but they may not be altered.

How can you get permission to use items in your classroom Depending on the work you want to use, getting permission can sometimes be difficult. If the work is book, journal article or print, contact the copyright clearance center will be a good first starting point. The CCC offers all kinds of permission services and subscription licenses that cover typical institutional use of works for the classroom. If the work you want to use is registered with CCC, you can get permission instantly for most materials and if your institution subscribes to academic license, your work is covered. Also the local library or copy center may already be working with CCC and may be able to help secure permission or license. Alternatively if you know who the copyright owner, you may directly contact the holder.

Con’t When you are uncertain about the copyright situation of any work, the safest thing to do is contact the Copyright Office and request a search of records. The following guidelines should be adhered to when seeking copyright permission or license: Check whether your work require permission. Identify the copyright owner or holder. Identify the rights needed. Contact the owner, holder or agent to negotiate permission or the payment. Always get your permission agreement in writing.

When items are posted to a website what should the creator be careful to consider? Web page authors must consider avoiding the temptation of incorporating images from third-parties into their own commercial website as this will unlikely pass as a “fair use.” The best way to go about uploading images on to one’s website is to consider starting from scratch to create the original image or drawing. Consider not modifying because the original image is already “fixed” on the hard drive of someone else and may be a copyright infringement. There are many images online in the internet websites, but using them when you intend to display the work for commercial purposes repeatedly without permission or license invite infringement of copyright.