Copyright

Juan Romero The University of Texas at Brownsville EDTC 6340 Summer II

What is Copyright?

• • • It is a form of protection provided by the laws of the United States.

Copyright gives protection to creators or authors over their original creations. These can include literary, dramatic, musical, artistic, etc.

• • • • The Copyright Law gives creators rights over their creations related to and not limited to: Replicating the work Imitations based on the work Distribution of replicas of work Exhibiting the work in public

How do you Copyright a work?

• • • • Copyright automatically occurs when a work is created by an author and recorded in a tangible form, i.e. on paper, video recording, audio recording.

Registration for a copyright is voluntary, therefore not needed to protect an original work.

If an owner wishes to bring a lawsuit for wrongful use, the work must be registered.

• • • • To give proper notice of copyright the following should be noted/observed: The word “copyright” The symbol “©” The date of publication The name of the author or owner for the copyrighted work

What is Piracy?

• Taking copyright material with the intention to reproduce and distribute copies of the work to the public, this includes making the material available for online consumption without the owners consent.

Consequences of Violating a Copyright

• • • • • • • Penalties for violating a copyrighted material can include: Pay for damages and profits from using the work A fine between $200-150,000 Attorney & court fees Judicial order to stop use of the work Confiscation of illegal works Jail time

Does Copyright expire?

• • • • Copyright does expire.

Copyright will cover the lifetime of the author plus 70 years after their death, as long as it was published after 1977.

If the work is created for work for hire, anonymous creation, or under a pseudonym the copyright will cover between 95-120 years depending on the date of publication.

Anything that was published after 1922 and before 1978 is protected for 95 years from its date of publication.

• Anything before 1923 is Public Domain.

What is Public Domain?

• • Works in the Public Domain are not subject to copyright laws.

• • • For a work to be in the Public Domain it must fall into one of the following categories: Work is not copyrightable (for example: ideas, facts, slogans, names, government works/documents).

The creator of the work designated it for the Public Domain.

The copyright has expired.

What is Plagiarism?

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The act of passing off another persons original work as your own.

•

Plagiarism occurs when an individual does not properly cite the use of someone else’s work.

Fair Use

• • • Fair use is a limit on copyright protection of materials.

This means that copyrighted material can be used by someone other than the owner to copy parts or sometimes the entire work, without having to obtain the owners permission.

• • • • Fair use is evaluated on 4 factors: For what and how the copyrighted work will be used.

What the actual copyrighted work is.

The substance of content and how much of the work is being copied compared to the work as a whole.

The effect or value of using the copyrighted material in the market.

What is the TEACH ACT

• • • • • Technology, Education and Copyright Harmonization Act of 2002 Teachers are allowed to deliver digital curriculum through digital distance education as long as copyright rules are observed and digital materials are not available in a form that will free them from technological protection.

This act stems from copyright rules that allow teachers the ability to use and copy copyright materials related to the curriculum in face-to-face classrooms.

The TEACH Act allows digital distance education classes the ability to use and copy copyright materials similarly to how they are used in face-to-face classrooms. The main difference would be in how audiovisual works are used. Full length audiovisual works would not be allowed, but could be used if shown as clips.

Not all are covered under the TEACH Act. The act only applies to government bodies and nonprofit educational institutions. Those adopting the act must set a copyright education plan for their institution to be aware of copyright law and policy.

Use of Internet Resources

• • • Basically anything you find on the internet is protected by copyright laws.

• What does copyright law protect on the internet?: • • • The design and contents of webpage, which include but are not limited to: Links Text/graphics/audio/video Internet language such as html The same copyright laws and penalties that protect materials in the real world apply to materials found on the world wide web.

Citing Sources

• • • A citation is a credit or reference given to the owner of the work you are borrowing/using.

Citations are important when borrowing ideas or directly copying parts or a whole work to avoid plagiarism and breaking copyright laws.

Specific rules have been designed to cite sources, and must be followed to observe copyright laws. In your citation you are including enough information to be able to identify both the work being used and its owner.

Click on the Image to view the “Copyright on Campus” video. You will be redirected to the webpage housing the video.

References

1. What is a Copyright? (2005, August 16). Retrieved July 11, 2015, from https://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrights-online/1-what-is-a-copyright/ Copyright and the Internet. (n.d.). Retrieved July 11, 2015, from http://mason.gmu.edu/~montecin/copyright-internet.htm

Copyright Basics FAQ. (2013, March 27). Retrieved July 11, 2015, from http://fairuse.stanford.edu/overview/faqs/copyright-basics/ Copyright Infringement Penalties. (n.d.). Retrieved July 11, 2015, from http://www.lib.purdue.edu/uco/CopyrightBasics/penalties.html

Copyright Kids! (n.d.). Retrieved July 11, 2015, from http://www.copyrightkids.org/whatcopyframes.htm

Copyright Protection: What it Is, How it Works. (2013, March 27). Retrieved July 11, 2015, from http://fairuse.stanford.edu/overview/faqs/copyright protection/ Plagiarism & Copyright. (2005, August 1). Retrieved July 11, 2015, from http://www.nova.edu/library/dils/lessons/plagiarism/index.htm

Teaching Copyright. (n.d.). Retrieved July 11, 2015, from http://www.teachingcopyright.org/handout/public-domain-faq Teaching Copyright. (n.d.). Retrieved July 11, 2015, from http://www.teachingcopyright.org/handout/fair-use-faq The Internet & Copyright - University Communications. (n.d.). Retrieved July 11, 2015, from https://ucomm.wsu.edu/the-internet-copyright/ The TEACH Act. (n.d.). Retrieved July 11, 2015, from https://copyright.lib.utexas.edu/teachact.html

What is Plagiarism? (n.d.). Retrieved July 11, 2015, from http://www.lib.usm.edu/legacy/plag/whatisplag.php

World Anti-Piracy Observatory. (n.d.). Retrieved July 11, 2015, from http://portal.unesco.org/culture/en/ev.php URL_ID=39397&URL_DO=DO_TOPIC&URL_SECTION=201.html