Copyright LawSummer Crider LoefflerUniversity of Texas at BrownsvilleSummer II July 8-August 12thEDTC 6340Ms. Evans and Dr. Sullivan

2nd version

Contents of Presentation Scenarios where copyright might apply Meanings of Copyright, Plagiarism, and

Piracy Important Considerations TEACH Act Four Factors of Fair Use Legal Facts regarding Fair Use Importance of Citations

Scenarios you might face You teach online and you get an email from

a legal corporation saying someone is suing you for using their photo without permission.

You develop a course on your own and the college hires you to teach. The next semester, you don’t have that teaching contract anymore and you find out the new instructor is using materials from course you developed.

Copyright means what? COPYRIGHT: “The exclusive legal right to

reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical or artistic work)”

OTHER TERMS RELATED TO COPYRIGHT: INTELLECTUAL PROPERTY: Anything you create is

considered intellectual property. FAIR USE: Fair use is intended to allow copyright-

protected works to be used for “news reports, research and education”

Plagarism means what? PLAGARISM: “The act of using another

person’s words or ideas without giving credit to that person”2

This is different from: PIRACY: “The unauthorized use of

another’s production, invention, or conception especially in infringement of a copyright”

Teach ACT Q: Why should teachers be aware of

copyright issues? A: Copyright law provides educators with a

separate set of rights in addition to fair use, to display (show) and perform (show or play) others' works in the classroom.

And… in the digital classroom! The TEACH Act authorizes us to digitize

works for use in digital distance education, but only to the extent we are authorized to use those works in Section 110(2), and so long as they are not available digitally in a format free from technological protection.

Source: http://copyright.lib.utexas.edu/teachact.html

Important considerations regarding Rights belonging to the Copyright Owner

The Copyright Act of 1976 grants a number of exclusive rights to copyright owners, including the: reproduction right -- the right to make copies of a protected

work distribution right -- the right to sell or otherwise distribute

copies to the public right to create adaptations -- the right to prepare new works

based on the protected work (called derivative works), and performance and display rights -- the rights to perform a

protected work (such as a stageplay) or to display a work in public.

Bottom line: Anything you create is your intellectual property: literary, dramatic, musical, artistic and certain intellectual pieces

-From Nolo: http://www.nolo.com/legal-encyclopedia/copyright-ownership-rights-29953.html

Fair Use- Four factors

The four fair use factors:1. What is the character of the use? 2. What is the nature of the work to

be used? 3. How much of the work will you

use? 4. What effect would this use have

on the market for the original or for permissions if the use were widespread?http://copyright.lib.utexas.edu/copypol2.html

Legal Facts of Fair Use

Under the First Sale Doctrine (Section 109 of the Copyright Act) the physical ownership of an original work by someone other that the creator does not entitle the owner the rights of copyright holder

Copyright Act leaves it up to the individual to determine, based upon the factors in Section 107 of the Act, whether fair use applies in each particular circumstance. To avoid a potential legal challenge from the copyright holder, many institutions follow a policy of "when in doubt, obtain permission."

Importance of citations Citing your sources is Fair Use and will

prevent others from accusing you of trying to plagiarize or not giving proper credit

“Giving credit to the ideas of others makes your ideas and proposals more believable. In addition, you avoid plagiarism and breaking U.S. Copyright Law”

Link to Video

“What is Copyright?” video https://www.youtube.com/watch?v=eATwz

Wz1Dzw

Copyright. (n.d.). In Merriam-Webster online. Retrieved from http://www.merriam-webster.com/dictionary/copyright

Plagiarism. (n.d.). In Merriam-Webster online. Retrieved from http://www.merriam-webster.com/dictionary/plagiarism

Piracy. (n.d.). In Merriam-Webster online. Retrieved from http://www.merriam-webster.com/dictionary/piracy

Copyright Crash Course. University of Texas’ Library http://copyright.lib.utexas.edu/#build

Copyright Ownership Rights. Retrieved from http://www.nolo.com/legal-encyclopedia/copyright-ownership-rights-29953.html

Determining Fair Use. (2008). In The Campus Guide to Copyright Compliance. Retrieved from https://www.copyright.com/Services/copyrightoncampus/basics/fairuse_rules.html

Plagiarism, Citation, Copyright and Fair Use: Citation Formats. (2015). In Jean and Alexander Heard Library online. Retrieved from http://researchguides.library.vanderbilt.edu/a.php?g=68598&p=444290

“What is Copyright?” YouTube video. Retrieved fromhttps://www.youtube.com/watch?v=eATwzWz1Dzw

Sources