Copyright PresentationCopyright Presentation

By: Sjerrie ColburnBy: Sjerrie Colburn

Copyright Infringement Copyright Infringement

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

PenaltiesPenalties• The lowest penalty is conviction of a federal The lowest penalty is conviction of a federal

misdemeanor, with a prison sentence of up to one year misdemeanor, with a prison sentence of up to one year and a fine of up to $5000. and a fine of up to $5000.

• More serious penalties are levied against infringers who More serious penalties are levied against infringers who make multiple copies of a work, or who copy expensive make multiple copies of a work, or who copy expensive works.works.

• It is a felony, punishable by up to five years in prison and 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 a fine of up to $250,000 to willfully infringe copyrights of others by making, during a 180-day period, ten or more others by making, during a 180-day period, ten or more copies of a work which have a cumulative value of $2500 copies of a work which have a cumulative value of $2500 or more. or more.

• Second and subsequent offenses carry a prison term of up Second and subsequent offenses carry a prison term of up to ten years in addition to the fine. Companies which to ten years in addition to the fine. Companies which willfully infringe can be assessed up to $500,000 in fines.willfully infringe can be assessed up to $500,000 in fines.

Fair UseFair Use

Fair use is any copying of copyrighted Fair use is any copying of copyrighted material done for a limited and material done for a limited and

"transformative" purpose such as to "transformative" purpose such as to comment upon, criticize or parody a comment upon, criticize or parody a

copyrighted work. copyrighted work.

Guidelines For Fair UseGuidelines 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, 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 periodical or newspaper; a short story, essay or poem; a diagram or picture in any of those works. in any of those works.

• For onetime distribution in class to students, multiple copies may be made For onetime distribution in class to students, multiple copies may be made if: if: – There is no more than one copy for each student There is no more than one copy for each student – Notice of copyright is included Notice of copyright is included – Poetry, prose and illustrations are selectively and sparingly chosen Poetry, prose and illustrations are selectively and sparingly chosen – No charge is made to the student beyond the actual cost of the copy 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 workThe 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 Consumable works (works intended for classroom activities, such as

workbooks, exercises and standardized tests) workbooks, exercises and standardized tests) • Creating anthologies or textsCreating anthologies or texts

What are the conditions for deciding What are the conditions for deciding fair use?fair use?

• Four requirements:Four requirements:– The character of the useThe character of the use– The nature of the workThe nature of the work– The amount used in the proportion of the wholeThe amount used in the proportion of the whole– The impact on the market for the workThe impact on the market for the work

Multimedia and CopyrightMultimedia and Copyright

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

Educators may use multimedia projects that they Educators may use multimedia projects that they have created for a period of up to two years have created for a period of up to two years after the first instructional use with a class. Use after the first instructional use with a class. Use beyond that time period, even for educational beyond that time period, even for educational purposes, requires permission for each purposes, requires permission for each copyrighted portion incorporated into the copyrighted portion incorporated into the production. Students may use them for the production. Students may use them for the duration of the course for which they have been duration of the course for which they have been created. created.

Multimedia Cont’dMultimedia Cont’dMotion MediaMotion Media: Up to 10% or three minutes, whichever is less. : Up to 10% or three minutes, whichever is less. Text MaterialText Material: Up to 10% or 1000 words, whichever is less. : Up to 10% or 1000 words, whichever is less. Poetry:Poetry: An entire poem of fewer than 250 words may be used, but no more than three poems by 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 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 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. excerpts by different poets from a single anthology may be used.

Music, Lyrics, Music VideoMusic, Lyrics, Music Video: Up to 10%, but in no event more than 30 seconds of the music and lyrics : 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), 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 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. to a musical work shall not change the basic melody or the fundamental character of the work.

Illustrations and PhotographsIllustrations and Photographs: A photograph or an image may be used in its entirety, but you can : 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 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 illustrations from a published collective work, not more than 10% or 15 images, whichever is less. less.

Numerical Data SetNumerical Data Sets: Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted s: Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data tabledatabase or data table..

Someone Else’s WorkSomeone Else’s Work• When materials have been quoted, paraphrased, and/or referenced When materials have been quoted, paraphrased, and/or referenced

within a work by a different author than the original, it is necessary within a work by a different author than the original, it is necessary to provide credit to the original author with proper citation.to provide credit to the original author with proper citation.

• To avoid plagiarism (using someone else’s work as your own) you To avoid plagiarism (using someone else’s work as your own) you must cite the source. must cite the source.

• Just because you site the work doesn’t necessarily mean that you can Just because you site the work doesn’t necessarily mean that you can use the source.use the source.

Musical SourceMusical Source• Unless licensed, the public performance of music, whether Unless licensed, the public performance of music, whether

for educational purposes or not, is a copyright for educational purposes or not, is a copyright infringement. Public performance includes both the infringement. Public performance includes both the playing of a sound recording and the instrumental or voice playing of a sound recording and the instrumental or voice performance of copyrighted musical work or composition. 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 In no case can more than 10% of the whole work be

copied and the number of copies may not exceed one copied and the number of copies may not exceed one copy per pupil.” copy per pupil.”

– Purchased printed copies can be edited or simplified, Purchased printed copies can be edited or simplified, but it cannot alter the lyrics or misrepresent the but it cannot alter the lyrics or misrepresent the fundamental character of the work.fundamental character of the work.

FilmFilm• Classroom use or showing of a copyrighted videotape is Classroom use or showing of a copyrighted videotape is

permissible under the following conditions: 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 The use is in connection with teaching activities and is

confined to members in a discrete course or other teaching confined to members in a discrete course or other teaching activity. 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 The showing takes place in a classroom or other

instructional venue (library, gym, auditorium, or workshop) instructional venue (library, gym, auditorium, or workshop) – The videotape is lawfully made; the person responsible has The videotape is lawfully made; the person responsible has

no reason to believe that the videotape was not lawfully no reason to believe that the videotape was not lawfully made. made.

Off-air BroadcastsOff-air Broadcasts

• Off-air broadcasts may be videotaped and legally shown Off-air broadcasts may be videotaped and legally shown once to a single class within the first ten days after the date once to a single class within the first ten days after the date of the broadcast. This does not allow for multiple showings of the broadcast. This does not allow for multiple showings or general showings within the college. or general showings within the college.

• The taping must be from a commercial broadcast (no The taping must be from a commercial broadcast (no premium cable channels). premium cable channels).

• After ten days they may not be shown unless copyright After ten days they may not be shown unless copyright clearance is obtained. clearance is obtained.

• The professor may retain the tape for an additional 35 days The professor may retain the tape for an additional 35 days for personal evaluation purposes only. After that time the for personal evaluation purposes only. After that time the tape MUST be erased or copyright clearance obtained.tape MUST be erased or copyright clearance obtained.

Always Ask For PermissionAlways Ask For Permission• Determine who owns the copyright to the item Determine who owns the copyright to the item

you wish to copy and place on Reserve you wish to copy and place on Reserve (publishing imprints are often sold to other (publishing imprints are often sold to other publishers) publishers)

• Obtain the name of the contact person in the Obtain the name of the contact person in the permissions department permissions department

• Learn what information you must provide in Learn what information you must provide in order to obtain permission to copy order to obtain permission to copy

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 Infringers are free to take and use any of your

information whenever they please and claim information whenever they please and claim it as their own.it as their own.

• Make sure that nothing that you are posting on Make sure that nothing that you are posting on your website is copyrighted.your website is copyrighted.

SourcesSources

• http://www2.skidmore.edu/cits/policies/http://www2.skidmore.edu/cits/policies/copyright.cfm#appendix-bcopyright.cfm#appendix-b

• http://fairuse.stanford.eduhttp://fairuse.stanford.edu• http://www.findlay.edu/offices/http://www.findlay.edu/offices/

adminoffices/printservices/copyright.htmadminoffices/printservices/copyright.htm