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There can be: “serious damages if the user hurts the commercial value of the property” (10 Big Myths).
Fair use: “determinations do sometimes depend on the involvement of money” (10 Big Myths).
Penalties for Copyright Infringement
The: “ “fair use” exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author, it is very important so that copyright law does not block the user’s freedom to express your own works, only the ability to appropriate other people’s” (10 Big Myths)
Fair Use
Considerations include: “intent and damage to the commercial of the work are important” (10 Big Myths).
Fair use: “is generally a short excerpt and almost always attributed” (10 Big Myths).
Fair use: “is not an exact doctrine, the court decides if the right to comment overrides the copyright on an individual basis of each case” (10 Big Myths).
Fair Use
In fair use: “there have been cases that go beyond the bounds of what [Brad Templeton] says in the [10 Big Myths] above, but in general they do not apply to the typical net misclaim of fair use” (10 Big Myths).
In other countries: “the “fair use” concept varies from country to country and has different names such as “fair dealing” in Canada and other limitations outside the USA” (10 Big Myths).
Fair Use
Users must consider: “the copyright work is designed for works that faculty or staff members on a university campus might create” (Who Owns What?)
Examples of copyrightable material includes: “poetry, prose, computer programming, artwork, musical notation, recorded music and/or song, video footage, Java applets, a Web page, architectural drawings, and photographs” (Who Owns What?)
Multimedia in the Classroom
It is just like writing a term paper: “that the user of the copyrighted material needs to include where she or he found that information” (10 Big Myths).
Resources that can help with getting permission to use materials for academic purposes:
Copyright Clearance Center XanEdu (www.xanedu.com) The Association of Academic Publishers (
www.publishers.org)
Using Someone Else’s Words
A music teacher: “can make copies of excerpts of sheet music or other printed works, provided that they do not constitute a “performable unit” such as a whole song, section, movement, or aria” (Stanford Copyright and Fair Use)
Under no circumstance: “no more than 10% of the whole work can be copied and the number of copies may not exceed one copy per student” (Stanford Copyright and Fair Use).
Using Music from Someone else
“A single recording of a performance of copyrighted music may be made by the student for evaluation or rehearsal purposes, and the educational institution or individual teacher may keep a copy” (Stanford Copyright and Fair Use).
Using Music From Someone else
Teachers may not: Copy sheet music for the purpose of
creating anthologies or compilations used in class
Copy from works meant to be “consumable” in the course of study such as standardized tests.
Copy sheet music or recorded music for the purpose of performance, except for replacing purchased copies which are not available for an imminent performance
Using Music From Someone else
Copy any materials without including the copyright notice which appears on the printed copy.
Information found on Stanford Copyright and Fair Use.
Using Music From Someone else
“Nonprofit educational institutions can record television programs transmitted by network television and cable stations, the institution can keep the tape for 45 days and use it for instructional purposes for the first 10 of the 45 days, if the teacher wants to use it in the curriculum he or she must get permission from the copyright owner, otherwise, the recording must be erased or destroyed” (Stanford Copyright and Fair Use)
Taping Something off the TV in the Classroom
If the teacher wants to: “use the film or
movie in the curriculum he or she must get permission from the copyright owner” (Stanford Copyright and Fair Use).
Using Film In the Classroom
Go to http://www.copyright.com and fill out the pay per use options form for type of information to be used.
Getting Permission
A creator needs to be careful that the information is valid and that he or she has permission to use the copyrighted material.
The creator also must be cautious about where he or she gets the copyrighted material for his or her website.
Posted Items on A Website
Who Owns What? http://www.utsystem.edu/ogc.intellectualproperty/whowns.htm
Stanford Copyright and Fair Use http://fairuse.stanford.edu
10 Big Myths About Copyright Explained http://www.templetons.com/brad/copymyths.html.
References Page