Copyright and Fair Use

Topics

Intellectual Property What is Copyright? What is Fair Use? Common Violations Guidelines TEACH Act 2002

Intellectual Property

• Intellectual property is the product of the creative mind• Trademarks ®, ™• Patents (Processes and

Inventions)• Copyright ©

• Music, paintings, sculptures, books, etc…

What Is Copyright?

• The exclusive rights to a publication, production or sale of the rights to a literary, dramatic, musical or artistic work.

• In other words, “. . . provides the creator of a work . . . the right to control how the work is used." Stephen Fishman, Esq. The Copyright Handbook, 1996

What Can Be Copyrighted?

• Original works of authorship fixed in a tangible form (can be retrievable)• If you can see it, hear it and/or touch it

• Protection that covers published and unpublished literary, scientific and artistic works

• Most original expressions

• Literary Works, musical works, dramatic works, pictures or graphic works, motion pictures and other audiovisual works, sound recordings, pantomimes, and choreographic works.

When is a Work Protected?As soon as work is created

Notice is not required for protection

Registration is not required for protection

How Long Does Copyright Last? 1922 and earlier = public domain

Sonny Bono Copyright Term Extension Act 1998 70 years after the death of an author Or for corporate authorship the shorter of

95 years from publication or 120 years from creation

What’s Not Protected by Copyright Works in the public domain.

Ideas and Facts

Words, names, slogans, or other short phrases also cannot be copyrighted. Trademark laws may protect slogans

Whose Right Is It?

Rights Copyright Owner Copy Holders

Read, listen to, or otherwise enjoy X XReproduce the work X

Distribute copies of the work XDigitally transmit the work (music) XGive away a personal copy of the

work X XSell a personal copy of the work X

Publicly perform the work XPublicly display the work X

Fair Use Policy Guidelines for Educators (not law)• Allows for individuals to use copyright

material based upon (need all four elements to claim fair use):

• The purpose and character of the use• Teaching (nonprofit), criticism/comment

• The nature of the copyrighted work• Fact/Fiction

• The amount used in relation to the copyrighted work, substantiality and “essence of the work”

• The effect of the use upon the market

What Should Be Avoided??

• Making multiple copies of different works instead of purchasing books.

• Copying and using the same works from semester to semester.

• Copying the same material for several different courses.

Common Violations

Reproduction of Music Taping plays without permission Off Air Taping (TV)

Must be at teacher’s request 45 day retention-10 day for presentation rule

Reproduction of Consumables Sending copyrighted material in an email Links (need to show URL’s)

When Should You Seek Permission??

• When you intend to use the materials for commercial purposes.

• When you want to use the materials repeatedly.

• When you want to use a work in its entirety and it is longer than 2,500 words (substantiality).

Tips for the Internet(No Specific Guidelines as of 2003)Internet Service Providers (schools)

infringement exposure is limited – not extended to individuals in the schools (Digital Millenium Copyright Act)

• Always credit the source of your information• The Internet IS NOT the public domain.

• Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received.

Guidelines for Students

Shown in course for which created Duration of course

Portfolio Use Indefinite

Guideline for Educators

Support Instruction (work made with copyright material)– 2 years

Portfolio Use - Indefinite 15 days on secured instructional site,

(can be copied and checked out after, but with warning not to copy)

3 digital copies – 2 for use, 1 for backup (should be made by libraries and archives)

Guidelines for Documentation

Full bibliographic information Copyright notice Images – Copyright notice and name of

creator must be attached to file Notice of restrictions

TEACH Act 2002

Expanded educators’ rights to perform and display copyrighted works and make copies necessary in digital distance education

Does not apply to works not legally made

TEACH Act

Dramatic Works (videos, plays, movies) Reasonable and limited portions

(clips/segments) Nondramatic Work (+ excerpts from

books) Entire performance may be shown

Still Images (charts, maps, graphs)

Resources

Cyberbee.com U.S. Copyright Office iSafe.org http://jeffcoweb.jeffco.k12.co.us/isu/library/copyright.

html http://www.techlearning.com/db_area/archives/TL/2

002/10/copyright_quiz.php http://www.techlearning.com/techlearning/pdf/db_ar

ea/archives/TL/2002/10/copyright_chart.pdf