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Transcript of COPYRIGHT
Copy Rights and Copy Wrongs
What is the Copyright Act?
Copyright law in the United States began in the early 18th century and George Washington signed the frst U.S. copyright law in 1790. The copyright law has been revised many times over the years with the last major revision in 1976 (Simpson, 2010, p. 1). Copyright is Title 17 of the United States Code (Purdue, 2009).
Copyright gives authors the right to to control the use of their works for a period of time.
Copyright law plays
1. Copyright law protects authors works for a limited period of time.
2. Copyright law encourages creativity and learning (Purdue, 2009).
FAIR USE: What Is It & Why Does It Exist?
1. The purpose and character of the use, including whether such use is of a commercial nature, or is for nonprofit educational purposes (Simpson, 2010, p. 38).
Having students use a small image of a poster to illustrate a timeline is considered transformative and fair use (Simpson, 2010, p. 38).
A school selling yearbooks that contain copyrighted graphics (Simpson, 2010, p. 42).
FOUR FACTOR TEST: Is It Ever Permissible to Reproduce Copyrighted Items?
Why is the Copyright Act Important?
Fair Use gives citizens certain exceptions to legal copyright requirements so that knowledge and scholarship have the opportunity to advance.
Some aspects of fair use apply to everyone and other aspects are only applicable for certain classes of use, such as uses in nonprofit schools and libraries (Simpson, 2010, p. 35).
There are several exemptions to Section 106 that are considered
"fair use exemptions"
. Use the
Four Factor Test
when determining whether the use made of a work is considered fair use (Simpson, 2010, p. 35).
2. Nature of copyrighted work (Simpson, 2010, p. 39).
Facts cannot receive copyright protection.
Even though it seems published works would be more protected, unpublished works are actually more closely protected because the author/creator likely does not want the material to be made public (Simpson, 2010, p. 39).
Making copies of a map of the United States to use in a Social Studies class (Simpson, 2010, p. 39).
Copying a long excerpt from an encyclopedia where the author has expressed facts in narrative or graphic form. Your are free to use only the direct facts found in an encyclopedia, not the authors expressions of those facts (Simpson, 2010, p. 39).
3. Amount of Work Used (Simpson, 2010, p. 40)?
The less you use the better
The words "significant amount" are used frequently in regards to this factor.
Essence of the work is also something to consider. If a short piece of a work represents the entire work, you are in essence copying the entire work (Simpson, 2010, p. 40).
Using a paragraph from a novel to illustrate an example of a literary device (Simpson, 2010, p. 40).
Copying an entire poem (Simpson, 2010, p. 40).
4. Effect of use on market for or value of work (Simpson, 2010, p. 41-42).
This factor is often given the most prominence by the U.S. Supreme Court (Simpson, 2010, p. 42).
A teacher making a copy of an out of print book for his/her students to use for research.
A music teacher making each of her students a copy of a CD so they do not have to buy it.
Congressional guidelines were created as an agreement between educators and publishers to better gauge copyright infringement. As a teacher there are many issues to consider carefully when dealing with the reproduction of print materials. The photocopy machine is one of the biggest issues in schools when considering copyright laws. Always refer to the congressional guidelines when in doubt (Simpson, 2010, p. 47)!
A teacher may make a
copy of any of the following for the purpose of research, teaching, or preparation for teaching:
chapter from a book
article from a periodical or newspaper
short story, short essay, or short poem
chart, graph, diagram, drawing, carton, or picture from a book, periodical, or newspaper (Simpson, 2010, p. 28).
Can a school purchase one workbook and make several copies for students?
No, this would deprive the publisher of its planned earnings
(Simpson, 2010, p. 49, 53)
Can a school make a few copies of chapter's in a textbook if they are a few books short?
(Simpson, 2010, p. 49, 53).
Making unauthorized copies of computer software is an issue that has increased greatly over the last several years
(Simpson, 2010, p. 151)
Multiple installs is a prevalent problem with computer software. It is very tempting to install computer software as many times as you need, but each instillation requires a license. It is okay for a librarian to check-out software as long as the borrower uninstalls the program when returning the program (Simpson, 2010, p. 152).
Copying may be made out of the scope of a valid license agreement in two instances:
The copy is an essential part of the operation of the computer program.
The copy is made for archival purposes only and is not used (Simpson, 2010, p. 156).
There are many activities that fall into this area because the Internet is so broad in it's coverage. Some of these issues include (Simpson, 2010, p. 131):
Look to print guidelines when determining how many copies you can make and what you can do with them (Simpson, 2010, p. 131).
Copying pages to local servers:
A fair use assessment doesn't support copying a Web page or Web site on a local server even though some software will allow you to copy an entire site at once (Simpson, 2010, p. 132-133).
Because an e-mail is not published, protection is much stronger. It is okay for the recipient to to retain his one copy of the e-mail, but it is not okay to make additional copies or redistribute it (Simpson, 2010, p. 133).
Audio & Video
Audiovisual works have different guidelines than print materials
(Simpson, 2010, p. 71)
Refer to section 110 of the Copyright Act to clarify appropriate use of audiovisual materials
(Simpson, 2010, p. 71)
Audiovisual materials are considered:
video, filmstrips, sound recordings, animated graphics, and all other formats that are not multimedia or distance learning (Simpson, 2010, p. 72).
Public performance of audiovisual media requires one of the following:
Permission fom the copyright owner to hold a public performance.
A license from a rights broker that covers the work to be shown; or
Payment of royalties to the copyright owner or his agent (Simpson, 2010, p. 72).
Common Issues with Audiovisual Materials in Schools
One of the main issues with showing movies in schools is when the showing of the movie or video is non-instructional or peri-instructional. Congress does not support reward and relaxation in school, therefore, showing audiovisual materials that are not directly related to instruction are not allowed (Simpson, 2010, p. 73).
It is perfectly okay to show a live TV show to a class if the school is a subscriber to cable or satellite. It is not okay to record a TV program at home (ex. recording a news program from NBC) to bring to school and show students (Simpson, 2010, p. 73-74).
Music and spoken words are both considered sound recordings (Simpson, 2010, p. 74).
Possible Negative Consequences for Copyright Infringement
Damages can be actual or statutory. Statutory damages range from $750 to $30,000 per infringement. "Innocent infringers" can sometimes have their fines reduced to $200 (Simpson, 2010, p. 17).
An example of an innocent infringer would be a teacher who made copies of something they had mistakenly read was in the public domain
(Simpson, 2010, p. 17)
Computer software copyright suits were raised to felony status in 1992. The fines go up to $250,000 (Simpson, 2010, p. 17)!
Infringer pays for all attorneys fees and court costs (Purdue University, 2009).
The infringer can go to jail (Purdue University, 2009).
School employees can be held liable for the infringers actions if they aided the infringer or failed to control the use of the copyrighted work when they could have (Simpson, 2010, p. 18).
Works that are not protected by copyright are part of the public domain (Simpson, 2010, p. 27).
Works that are not "creative" such as facts are part of the public domain (Simpson, 2010, p. 27).
Works must be created by humans to be copyrighted. Artwork created by an animal would be in the public domain (Simpson, 2010, p. 27).
Government documents or works created by U.S. federal government employees during the time they held their positions are in the public domain (Simpson, 2010, p. 27).
If the term of copyright has run out on a work or the copyright was not renewed then it is considered a part of the public domain (Simpson, 2010, p. 28).
Simpson, C. (2010). Copyright for Schools: a practical guide (5th ed.). Santa Barbara, CA: Linworth.
Purdue University, (2009). University Copyright Office. Retrieved from https://www.lib.purdue.edu/uco/CopyrightBasics/index.html