COPYRIGHT LAW PRESENTATION By Jacelyn Vital-

McPherson

DEFINITION OF COPYRIGHT

The exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)

http://tinyurl.comhttp://tinyurl.com/ox53zbp/ox53zbp

FAIR ACT USEFair use is a doctrine that

permits educators and students to use copyrighted work in a fair and responsible manner

The purpose should be educational or

non-profit

The work is factual and is unpublished

Using a small amount of the work and not all of it (e.g. a paragraph from a book, an excerpt from a poem, thirty

seconds of a song) 

Using the work does not deprive the creator or entity holding the copyright of any sales/does not affect profit.

COPYRIGHT RESOURCES FOR TEACHERS http://www.smartcopying.edu.au/educational-resources/copyright-teaching-resources/-all-right-to-copy-an-interactive-teaching-and-learning-resource-for-primary-secondary-students

http://www.smartcopying.edu.au/educational-resources/copyright-teaching-resources/-music-for-free-a-teaching-resource-for-secondary-students

http://www.smartcopying.edu.au/educational-resources/copyright-teaching-resources/-nothing-beats-the-real-thing!-an-educational-module-on-copyright-piracy-for-secondary-tafe-students

COMPARISONThings not Copyright

protected literary works (which includes computer software);

musical works, including any accompanying words;

dramatic works, including any accompanying music

pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works.

Things copyright protected

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (but written or recorded descriptions, explanations, or illustrations of such things are protected copyright);

Titles, names, short phrases, and slogans; mere listings of ingredients or contents (but some titles and words might be protected under trademark law if their use is associated with a particular product or service);

Works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down or otherwise recorded;

Works consisting entirely of information that is commonly available and contains no originality (for example, standard calendars, standard measures and rulers, lists or tables compiled from public documents or other common sources); and

Works by the US government.

HOW TO KNOW IF WORK IS COPYRIGHTED

http://tinyurl.com/odrkdba

http://tinyurl.com/lkg562g

PENALTY FOR COPYRIGHT INFRINGEMENTInfringer pays the actual dollar amount of damages and profits.The law provides a range from $200 to $150,000 for each work infringed.Infringer pays for all attorneys fees and court costs.The Court can issue an injunction to stop the infringing acts.The Court can impound the illegal works.The infringer can go to jail.

https://www.lib.purdue.edu/uco/CopyrightBasics/penalties.html

COPYRIGHT, FAIR USE, & EDUCATION

BY CARTER LAW FIRMWatch a video on copyright laws

Copyright, Fair Use, & Education

WHEN COPYRIGHT MEETS THE CLASSROOM Question  If I create a PowerPoint for use in my classroom, can I protect myself from copyright infringement by simply adding the URL of the site in which I found the document at the bottom of the page?

Answer  The very short answer is that copyright is complicated. For educators, though, there are some basic things to know and guidelines to follow that make it less scary. Citing your sources is always a good idea. Beyond crediting your source, you are modeling a key skill for students: always pay attention to the source of information, primary and secondary.

http://teachinghistory.org/digital-classroom/ask-a-digital-historian/24710

WHEN COPYRIGHT MEETS THE CLASSROOM CONTINUED Fair Use Fair use is an educator's best friend. Start with the official policy on fair use to learn more about copyright and classroom use.

Materials in the public domain, or no longer covered by copyright restrictions, are also valuable to teaching. Learn more at Beyond Google Searching on copyright and searching for resources in the public domain.

Generally speaking, if you are using a copyrighted item for educational purposes with no financial gain, you're off to a good start for fair use. That said, if you plan to make the PowerPoint available in any other way (such as online for students to download), it is more complicated.

One of our blog entries, "Copyright: Finding Images to Tell the Story of History," offers links to a wide variety of resources for examining copyright, as well as for introducing your students to the concept. Don't be deterred by the fact that this post focuses on image copyright. There's still a wealth of relevant information!

http://teachinghistory.org/digital-classroom/ask-a-digital-historian/24710

RESOURCES Smartcopying, Copyright Teaching Resources. Retrieved from http://www.smartcopying.edu.au/educational-resources/copyright-teaching-resources

Ruth Carter, May 2013. Copyright, Fair Use & Education. Retrieved from https://www.youtube.com/watch?v=opqlNGBB0c8 Purdue University, (2003-2009). Copyright Infringement Penalties. Retrieved from

https://www.lib.purdue.edu/uco/CopyrightBasics/penalties.html Roy Rosenzweig Center for History and New Media at George Mason University, (2010-2015). When Copyright Meets the Classroom. Retrieved from http://teachinghistory.org/digital-classroom/ask-a-digital-historian/24710