Transcript CEC COPYRIGHT GUIDELINES

COPYRIGHT
GUIDELINES
WHAT IS PROTECTED BY
COPYRIGHT?
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Original works of authorship
Books
 Magazine & newspaper articles
 Photographs & Images
 Cartoons
 Software
 Websites
 Sound recordings
 Video recordings
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WHAT IS NOT PROTECTED BY
COPYRIGHT?
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Works in the “public domain”
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Published before 1923
Federal government documents
Works that do not include a copyright
notice and were first published prior to Jan.
1, 1978
COPYRIGHT MYTHS
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An item needs the copyright symbol or
notice to be copyrighted.
If I don’t charge for it, it’s not
infringement.
It’s on the Web, so it must be in the public
domain.
It’s for education, so it’s fair use.
I don’t need permission if I cite the work.
WHAT IS FAIR USE?
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Allows use for research, education,
commentary, news, parody, reporting
Not all education use is “fair use”
Common examples:
Quoting from published material in books
and articles
 Limited photocopying of printed works
 Analogous uses of videotapes, software,
databases, and other copyrighted material

FAIR USE – FOUR FACTORS
FAVORS FAIR USE
 Purpose : personal or
educational
 Nature of the work:
factual
 Amount used : Small
amount
 Market effect : No
effect on the market
value

Copyright holder will not
lose money
DOES NOT FAVOR
FAIR USE
 Purpose : commercial
 Nature of the work:
fiction
 Amount used : Large
amount or core idea
 Market effect :
Negative effect on
market value

Copyright holder will
lose money
PHOTOCOPYING – NEED
PERMISSION
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Repetitive copying – use in multiple courses
or successive years
If students are being charged for copies
Copying consumables – i.e. workbooks,
exercises, tests
Course packs – anthologies of materials
whether student pays for them or not
NON-PRINT – NEED
PERMISSION
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Most Web sites and the content are
copyrighted
Showing a videotape or DVD in a public
area requires permission or a public
performance license
Need permission to post content to
LMS, intranet, distribute via e-mail
CONSEQUENCES OF
COPYRIGHT INFRINGEMENT
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“Statutory damages” of $500 to $20,000 without
proof of actual damages to the owner (or profit
by the infringer)
“Willful” violation can increase damages to
$100,000
“Criminal penalties” - $250,000 and 5 years
imprisonment
Penalties can be attached to institution, faculty,
librarians, or staff members
HOW TO LEGALLY USE
COPYRIGHTED WORKS
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Check the “terms & conditions” on
Web sites
Provide a link to Web sites instead of
copying the content
Use the Cannell Library
Give citations to articles and where to
locate rather than the article
Get permission