1. Copyright Presentation By: Sjerrie Colburn

2. Copyright Infringement Copyright infringement (or copyright violation) is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works. Copyright infringement (or copyright violation) is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.

3. Penalties The lowest penalty is conviction of a federal misdemeanor, with a prison sentence of up to one year and a fine of up to $5000. The lowest penalty is conviction of a federal misdemeanor, with a prison sentence of up to one year and a fine of up to $5000. More serious penalties are levied against infringers who make multiple copies of a work, or who copy expensive works. More serious penalties are levied against infringers who make multiple copies of a work, or who copy expensive works. It is a felony, punishable by up to five years in prison and a fine of up to $250,000 to willfully infringe copyrights of others by making, during a 180-day period, ten or more copies of a work which have a cumulative value of $2500 or more. It is a felony, punishable by up to five years in prison and a fine of up to $250,000 to willfully infringe copyrights of others by making, during a 180-day period, ten or more copies of a work which have a cumulative value of $2500 or more. Second and subsequent offenses carry a prison term of up to ten years in addition to the fine. Companies which willfully infringe can be assessed up to $500,000 in fines. Second and subsequent offenses carry a prison term of up to ten years in addition to the fine. Companies which willfully infringe can be assessed up to $500,000 in fines.

4. Fair Use Fair use is any copying of copyrighted material done for a limited and "transformative" purpose such as to comment upon, criticize or parody a copyrighted work.

5. Guidelines For Fair Use For teaching (including preparation) and for scholarly research, For teaching (including preparation) and for scholarly research, Single copies may be made of a book chapter; an article from a journal, periodical or newspaper; a short story, essay or poem; a diagram or picture in any of those works. Single copies may be made of a book chapter; an article from a journal, periodical or newspaper; a short story, essay or poem; a diagram or picture in any of those works. For onetime distribution in class to students, multiple copies may be made if: For onetime distribution in class to students, multiple copies may be made if: – There is no more than one copy for each student – Notice of copyright is included – Poetry, prose and illustrations are selectively and sparingly chosen – No charge is made to the student beyond the actual cost of the copy – The effect of copying will not be detrimental to the market for the work Permission should be obtained if material is: Permission should be obtained if material is: Repetitively copied Repetitively copied Copied for profit Copied for profit Unpublished works Unpublished works Consumable works (works intended for classroom activities, such as workbooks, exercises and standardized tests) Consumable works (works intended for classroom activities, such as workbooks, exercises and standardized tests) Creating anthologies or texts Creating anthologies or texts

6. What are the conditions for deciding fair use? Four requirements: Four requirements: – The character of the use – The nature of the work – The amount used in the proportion of the whole – The impact on the market for the work

7. Multimedia and Copyright The copyrighted works must have been lawfully obtained through purchase, gift, or license agreement. The copyrighted works must have been lawfully obtained through purchase, gift, or license agreement. 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. 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.

8. Multimedia Cont’d Motion Media: Up to 10% or three minutes, whichever is less. Text Material: Up to 10% or 1000 words, whichever is less. Poetry: An entire poem of fewer than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from an anthology may be used. For poems of greater length, 250 words may be used, but not more than three excerpts by a poet or five excerpts by different poets from a single anthology may be used. Music, Lyrics, Music Video: Up to 10%, but in no event more than 30 seconds of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, or audio, or audiovisual works. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work. Illustrations and Photographs: A photograph or an image may be used in its entirety, but you can use no more than 5 images by an artist or photographer. When using phonographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less. Numerical Data Sets: Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table.

9. Someone Else’s Work When materials have been quoted, paraphrased, and/or referenced within a work by a different author than the original, it is necessary to provide credit to the original author with proper citation. When materials have been quoted, paraphrased, and/or referenced within a work by a different author than the original, it is necessary to provide credit to the original author with proper citation. To avoid plagiarism (using someone else’s work as your own) you must cite the source. To avoid plagiarism (using someone else’s work as your own) you must cite the source. Just because you site the work doesn’t necessarily mean that you can use the source. Just because you site the work doesn’t necessarily mean that you can use the source.

10. Musical Source Unless licensed, the public performance of music, whether for educational purposes or not, is a copyright infringement. Public performance includes both the playing of a sound recording and the instrumental or voice performance of copyrighted musical work or composition. Unless licensed, the public performance of music, whether for educational purposes or not, is a copyright infringement. Public performance includes both the playing of a sound recording and the instrumental or voice performance of copyrighted musical work or composition. Copies can be made of sheet music. Copies can be made of sheet music. – “In no case can more than 10% of the whole work be copied and the number of copies may not exceed one copy per pupil.” – Purchased printed copies can be edited or simplified, but it cannot alter the lyrics or misrepresent the fundamental character of the work.

11. Film Classroom use or showing of a copyrighted videotape is permissible under the following conditions: Classroom use or showing of a copyrighted videotape is permissible under the following conditions: – The use must be by instructors or by students. – The use must be by instructors or by students. – The use is in connection with teaching activities and is confined to members in a discrete course or other teaching activity. – The use is in connection with teaching activities and is confined to members in a discrete course or other teaching activity. – The entire audience is involved with the teaching activity. – The entire audience is involved with the teaching activity. – The entire audience is in same general physical area. – The entire audience is in same general physical area. – The showing takes place in a classroom or other instructional venue (library, gym, auditorium, or workshop) – The showing takes place in a classroom or other instructional venue (library, gym, auditorium, or workshop) – The videotape is lawfully made; the person responsible has no reason to believe that the videotape was not lawfully made. – The videotape is lawfully made; the person responsible has no reason to believe that the videotape was not lawfully made.

12. Off-air Broadcasts Off-air broadcasts may be videotaped and legally shown once to a single class within the first ten days after the date of the broadcast. This does not allow for multiple showings or general showings within the college. Off-air broadcasts may be videotaped and legally shown once to a single class within the first ten days after the date of the broadcast. This does not allow for multiple showings or general showings within the college. The taping must be from a commercial broadcast (no premium cable channels). The taping must be from a commercial broadcast (no premium cable channels). After ten days they may not be shown unless copyright clearance is obtained. After ten days they may not be shown unless copyright clearance is obtained. The professor may retain the tape for an additional 35 days for personal evaluation purposes only. After that time the tape MUST be erased or copyright clearance obtained. The professor may retain the tape for an additional 35 days for personal evaluation purposes only. After that time the tape MUST be erased or copyright clearance obtained.

13. Always Ask For Permission Determine who owns the copyright to the item you wish to copy and place on Reserve (publishing imprints are often sold to other publishers) Determine who owns the copyright to the item you wish to copy and place on Reserve (publishing imprints are often sold to other publishers) Obtain the name of the contact person in the permissions department Obtain the name of the contact person in the permissions department Learn what information you must provide in order to obtain permission to copy Learn what information you must provide in order to obtain permission to copy

14. Posting On A Website Register for Federal Copyright Law! Register for Federal Copyright Law! What happens if this is not done? What happens if this is not done? – Infringers are free to take and use any of your information whenever they please and claim it as their own. Make sure that nothing that you are posting on your website is copyrighted. Make sure that nothing that you are posting on your website is copyrighted.

15. Sources http://www2.skidmore.edu/cits/policies/cop yright.cfm#appendix-b http://www2.skidmore.edu/cits/policies/cop yright.cfm#appendix-b http://fairuse.stanford.edu http://fairuse.stanford.edu http://www.findlay.edu/offices/adminoffices /printservices/copyright.htm http://www.findlay.edu/offices/adminoffices /printservices/copyright.htm