Transcript Copyright and You

Christine Tran EDUC 5306

Copyright is a form of
protection by the laws
of the United States
government (title 17,
U.S. Code) to the
authors of “original
works of authorship,”
including literary,
dramatic, musical,
artistic, and certain
other intellectual
works.

To reproduce the work in copies or phonorecords

• To prepare derivative works based upon the work

• To distribute copies or phonorecords of the work to the
public by sale orother transfer of ownership, or by rental,
lease, or lending

• To perform the work publicly, in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and
motion pictures and other audio, visual works
• To display the work publicly, in the
case of literary, musical, dramatic, and
choreographic works, pantomimes, and
pictorial, graphic, or sculptural works,
including the individual images of a
motion picture or other audiovisual work
 • In the case of sound recordings, to
perform the work publicly by means of a
digital audio transmission.

 It
is ILLEGAL

Copyright holder can ask for compensation of
loss such as profits from infringing activity or
statutory damages ranging from $250 to
$150,000 for each infringing copy or higher if
done “willingly”
Possibility of Becoming Criminally Liable
› Value > $1000 includes 1 yr. in jail plus fines
› Value > $2500 includes 5 yrs.in jail plus fines.
› Criminal penalties apply to large scale
commercial property

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
Fair Use- allow such things as commentary, parody,
news reporting, research and education about
copyrighted works without permission to the author.
Blocks ability to appropriate other people’s ideas
Fair Use should not harm the commercial value of the
work.
Certain types of use of other people’s copyrighted
works do not require copyright holder’s authorization

The public is entitled
to freely use portions
of the copyrighted
material for purposes
of commentary and
criticism.

i.e. If you wish to
criticize a novelist, you
should have the
freedom to quote a
portion of the
novelist’s work without
asking permission

The purpose and character of your use
› whether such use is of a commercial nature for you and
your organization or is for nonprofit educational purposes

The nature of the copyrighted work
› Use of a purely factual work is more likely to be considered
fair use than use of someone’s creative work

The amount and substantiality of the portion taken
› There are no set pages or percentages that define the
boundaries of fair use.

Effect of the use upon the potential market
› Whether the nature of the use competes or diminishes
potential market for the form of use.
If you incorporate someone else’s work
into your materials, you will need the
permission of the person who owns
copyright in that material.
Always identify the copyright owners and
ask for permission to include their works in
your materials.

A music instructor can make copies of
excerpts of sheet music or other printed
works, provided that the excerpts do not
constitute a “performable unit” such as a
whole song, section, movement or aria.

Instructors may not:
› Copy sheet music or recorded music for the
purpose of creating anthologies or
compilations used in class
› Copy from works intended to be
“consumable” in the course study or
teaching such as workbooks, exercises,
standard tests.

A student may make a
single recording of a
performance of
copyrighted music for
evaluation or rehearsal
purposes and the
educational institution
or individual teacher
may keep a copy in
addition a single copy
of a sound recording
owned by an
educational institution
or an individual teacher.

For course packs, it is the
instructor’s obligation to
obtain clearance for
materials used n class.
Instructors typically
delegate this task to one
of the following:
› Clearance services
› University bookstores or
copy shops
› Department administration

Students may perform and display their own
educational multimedia projects created under
Section 2 of these guidelines for educational uses in
the course for which they were created and may use
them in their own portfolios as examples of their
academic work for later personal uses such as job and
graduate school interview
Educators may perform and display their own educational
multimedia projects created under Section 2 for curriculumbased instruction to students in the following situations:
Face-to-Face instruction
Assigned to students for direct self study

Educators and students must seek individual
permissions (licenses) before using copyrighted works
in educational multimedia projects for commercial
reproduction and distribution.

Educators and students are advised to exercise
caution in using digital material downloaded from
the Internet in producing their own multimedia
projects, because there is a mix of works protected
by copyright and works in the public domain on the
network.
Some copyrighted works may have been posted to
the Internet without authorization of the copyright
holder.


Nonprofit educational institutions can
record television programs transmitted
by network television and cable stations.

The instructors can keep the tape for 45
days, but only can use it for educational
purposes only.

After first 10 days, video recording can
only be used for teacher evaluation
purposes only.

If teacher decides to keep video in the
teaching curriculum, permission from
ownership MUST be obtained.

After 45 days, tape must be destroyed or
erased.

If the film is for entertainment purposes,
you need clearance or license for its
performance.

It is not necessary to obtain permission if
you show the movie in the course of
“face-to-face teaching activities” in a
non profit educational institution,
classroom or instructional setting.
Posting involves a user sending
information from the user’s computer to
the website (uploading)
 Once posted, others can view or copy
the material.


Whoever maintains the site can be held
liable for allowing the material to be
posted on the site.

The wisest approach to dealing with an
unauthorized upload is to remove it
quickly or disable access to it pending
resolution to the dispute.



A site that permits
uploading of material can
post a notice prohibiting
only unauthorized
activities and require the
perpetrators pay for any
damages caused by such
activities.
The notice should be
placed predominantly so
that persons performing
uploads will see it.
“click to accept”

If you do not offer material to download
at your site, your MAIN concern isn’t
whether you’ll infringe someone else’s
copyright, but whether users will copy
your material without YOUR permission.

Display copyright notice
prominently on some or all of
your web pages, clearly
stating that the material is
protected by copyright.

The notice must be in close
proximity to the person’s
image or name, disclaiming
any sponsorship,
endorsement, association
with the product or service
involved.
If someone complains about unauthorized
use on your website…