1. Copyright
By: Grace Collins

2. What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. 

3. What is the penalty for copyright infringement?
Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. 
The legal penalties for copyright infringement are:
1. Infringer pays the actual dollar amount of damages and profits.
2. The law provides a range from $200 to $150,000 for each work infringed.
3. Infringer pays for all attorneys fees and court costs.
4. The Court can issue an injunction to stop the infringing acts.
5. The Court can impound the illegal works.
6. The infringer can go to jail.

4. What is “fair use”?
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code).
One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

5. Fair Use continued
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

6. What are some guidelines when using multimedia in the classroom?
An educator may create multimedia works in class for demonstration purposes without copyright permission as long as the product is not distributed to others or used for profit.
An educator may display at conferences or workshops his/her multimedia project that includes lawfully acquired copyrighted excerpts; however, the opening screen should give notice of the copyrighted materials in the presentation.
A multimedia instructional program containing copyrighted materials can only be used in the classroom for two years.

7. What about copyright and musical score?
Copyright in sound recordings and printed music is complicated because multiple copyright owners are often involved and industry agreements and practices frequently override copyright law.
The rules for the ownership of copyright in written or printed music differ from those for sound recordings.
Copyright Laws use the term ‘musical works’ to describe written music such as scores for orchestras, ensembles and operas, arrangements, notated music, printed sheet music and song lyrics.

8. More about copyright and musical score
Musical works are protected by copyright. Therefore, you cannot copy any performable unit.
Educators may, however, copy excerpts of works for educational purposes.
Under guidelines approved by several music educational associations, it is suggested that an excerpt not constitute any more than 10% of the whole work.
When copying the excerpt, music instructors may make one copy per pupil.

9. What about using film in the classroom?
The use of film and video is permitted in the classroom as long as all of the following conditions are met:
1. The film must be shown as part of the instructional program.
2. The film must be shown by students, instructors, or guest lecturers, and can only be shown to students and educators.
3. The film must be shown either in a classroom or other school location devoted to instruction.
4. 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.
5. The film shown must be a legitimate copy, with the copyright notice included.
6. Films or videos may not be used for entertainment or recreation.

10. Can I record something off of the television for classroom use?
Taping and/or recording of programs for education purposes is allowed. However, the programs:
    * can only be used once with each class
    * must be used within 10 days of recording
    * must be erased or discarded after 45 days

11. How do I get permission to use items in my classroom?
The following are guidelines:
1. 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.
2. Even if you are permitted to use the works, include copyright notices on any copyrighted materials you use.
3. In general, it is a good idea to use only the amount of a work that is needed to achieve your teaching goals.

12. Using items in the classroom continued
Also remember to keep the following factors in mind when using items in the classroom:
1. Purpose and character of the use
2. Nature of the work
3. Amount and substantiality of the portion used
4. Effect of the use upon the potential market

13. What should I consider when posting items on a website?
When posting items on a website, assume that the item(s) are copyrighted.
Be sure to follow Fair Use guidelines.

14. Enjoy the following cartoon 
“If it’s OK for her to copy from the Internet, then it’s OK for us to copy from a friend’s test, right?”