JEANETTE ACOSTA

Copyright

© Copyright

the exclusive right to make copies,  license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death.

How to obtain a copyright

Copyright attaches the moment an original work is created and reduced to a tangible medium, regardless of whether the copyright is registered or even claimed by the author.

Registration with the U.S. Copyright Office is available and is recommended in order to produce sufficient evidence of copyright to ensure effective enforcement.

The author of a copyrightable work can contract with another party (such as a corporation) to create a "work for hire," which results in the copyright being owned by the corporation, not the actual author.

Rules and regulation

There are many rules and regulations for copyright materials.

http://www.copyright.gov/title17/This link will show you all the chapters of the

process of copyright.

Good use of copyright

Textbooks -If the copied material is replacing a textbook, whose authors and publishers have a

limited market (i.e., educational community), then you are depriving them of the monetary compensation that they have a legal right to under copyright law.

-Must be considered supplemental classroom material and be less than 25% of the book.

  Scientific Journal Articles -If it is a printed scientific article copied for educational purposed, it is probably fine. -Suggested to limit journal article copying to 5 journal articles per journal year.

Internet Distribution (E-mail) of Classroom Materials -It is considered good practice to use a medium such as WebCT or Blackboard to

distribute additional classroom materials as they are password protected and have more limited access than e-mail.

-As part of a large university, it is a more sound practice to use Electronic Journals and send students links to articles when possible. As most universities have license rights/access to unlimited electronic journals, there is significantly less risk for copyright infringement.  

…Good use of copy right continued

Movies -Showing a movie for educational purposes is fine; however, if you

want to convert the media (e.g., copy a VHS to DVD or vice versa) be sure you are not breaking any copy protection codes. Media Conversion is only acceptable if the media type you need cannot be purchased.

-A good rule of thumb is if you can convert the media yourself, you should be fine. If you have to call in tech support to figure it out, you might have a questionable practice.

Cartoons -Be aware of cartoon copyrights, especially Disney images (i.e.,

Mickey Mouse). In order to use most well recognized cartoon figures, you must have permission (and

usually pay a royalty fee). A suggested substitute would be to find a clip art image of something similar instead of the well recognized image.

Penalty for Copy right Infringement

Copyright infringement- unauthorized or prohibited use of works under copyright

Penalty-both the student or teacher and the school can be held liable.

Fines for infringement, even innocent infringement, can run into the thousands of dollars.

Fair Use and what is it used for?

Anybody can use Fair Use! It is open for the public to use copy right material

used for- criticism, comment, news reporting, teaching,

scholarship, and research.

Fair Use Conditions

Four factors to be considered in determining whether or not a particular use is fair: The purpose and character of the use, including

whether such use is of commercial nature or is for nonprofit educational purposes

The nature of the copyrighted work The amount and substantiality of the portion used in

relation to the copyrighted work as a whole The effect of the use upon the potential market for, or

value of, the copyrighted work

Multimedia in classrooms

Teachers are allowed to use multimedia in classroom’s because of the fair use clause

HOWEVERTeachers need to make sure they are giving

credit to the maker of the sources they use

Someone else’s WORD

Also known as plagiarismThey make it illegal to reproduce someone

else's expression of ideas or information without permission. This can include music, images, written words, video, and a variety of other media.

CONDITIONS-must cite properlyOr properly use the fair use clause

Guidelines for Film

The face-to-face teaching exemption allows use of a copyrighted film in classroom teaching when ALL of the following conditions are met:

Performance or display of a copyrighted work occurs in a non-profit educational institution;

The performance or display of the copyrighted material occurs in the course of face-to-face teaching activities;

The performance or display of a work is by instructors or pupils in the course ; 

The film/audiovisual material is related to the course; The copyrighted work is performed or displayed in a classroom or

other designated teaching space; and In the case of an audiovisual work, the performance or display

of individual images is given by a means of a copy that is lawfully made (e.g., purchased, rented, or borrowed from the library).

Rules to tape from television

Must ask school to record itMust be shown during the first ten

consecutive school days after it is madeA limited number of copies may be made

from each off-air recordingRecording may not be altered in any wayOnly programs broadcast to the general

public may be recorded

Permission to use items

Permission needs to be obtained from the owner of the copyright, who may not necessarily be the author. Permission should preferably be in writing, and should describe the conditions of the permitted use (e.g., a description of the copyrighted materials, the purposes of the use, the term of the permitted use, the format of the use, and, hopefully, at no cost to the user). If permission can only be documented verbally, document the conversation, and follow it up with a letter confirming the terms of the permission granted

Posting items to a website

web page authors should take care not to copy the work of others.

An Internet service provider can also be found liable for copyright infringement even when they are not directly engaged in the copying of protected materials

Overall

Teachers need to make sure to use the proper way to teach through multimedia

When assigning students work, projects, homework teachers must make sure that students take the proper precautions to avoid plagiarism or any copy right issues

Sources

www.nursing.ufl.edu/.../Copyright%20Usage%20Guide.html

http://www.ehow.com/about_5244114_copyright-rules-regulations.html

http://wiki.ties.k12.mn.us/file/view/Reducing+the+Risk+of+Copyright+Infringement.pdf

http://classguides.lib.uconn.edu/mediaresources

http://www.nolo.com/legal-encyclopedia/videotape-classroom-copyright-law-29958.html