Copyright & Fair UseCopyright & Fair Use

By Wendy SzatkowskiBy Wendy Szatkowski

Robin WardRobin Ward

Melanie DahlgreenMelanie Dahlgreen

What is Copyright?

It is a means of protection for an author or originator to protect their work and control how the original piece of work is used by others.

Copyright laws legally protect the potential monetary value of creative endeavors as a way of encouraging the producers of information and entertainment to publish their work and share it with others.

Fair Use

Fair use allows the

general public to

use portions of

original works

without prior

permission from the originator.

4 Factors of Fair Use The following need to be considered

when deciding whether or not a particular use of a copyrighted work is fair. What is the reason for using the work? Is it

education? What is the nature of the copyrighted work? What is the amount of work being used

compared to the work as a whole? What is the effect of the use upon potential

market for value of the work?

BBrevityrevityYou can copy…You can copy…

A complete poem printed on no more than two pages or an A complete poem printed on no more than two pages or an excerpt from a longer poem not to exceed 250 words.excerpt from a longer poem not to exceed 250 words.

An article, story or essay less than 2,500 words.An article, story or essay less than 2,500 words. Plays or novels allow no more than 1,000 words or 10% of the Plays or novels allow no more than 1,000 words or 10% of the

whole.whole. One chart, graph, diagram, cartoon, or picture per book or One chart, graph, diagram, cartoon, or picture per book or

periodical.periodical. Children’s books allow 10% of the book or an excerpt of two Children’s books allow 10% of the book or an excerpt of two

pages.pages. Under the fair use, teachers are allowed to make multiple Under the fair use, teachers are allowed to make multiple

copies for classroom use but only one copy is allowed per copies for classroom use but only one copy is allowed per student.student.

10$ or 3 minutes of a motion media work.10$ or 3 minutes of a motion media work. No more than 5 images by the same artist or photographer. No more than 5 images by the same artist or photographer.

No more than 10% or 15 images of a collective work.No more than 10% or 15 images of a collective work.

You Can’t Copy It…

If it is being done to create, replace or substitute for anthologies, compilations or collective works.

If the item is consumable. If you are trying not to purchase a book,

magazine, etc. If you charge more than what it cost you co

copy. If you use the item year after year.

Computer Software

Archival copies may be made to serve as a backup in case of destruction. Only the original or backup can be used at one time.

Adaptations to the computer program will be permitted if they are required to correctly use the program.

Do not load drivers for CD-ROMS onto multiple machines.

Do not load school sofware onto home computers.

Software License

A software license allows the purchaser to use the software. The license also states what the purchaser may or may not do with the software.

Remember to keep all software licensing documents.

Movies & DVD’s

Teachers may use these materials in the classroom without restrictions of length or multiple use.

Materials may be copied to replace lost, damaged, or stolen copies.

The material must legitimately acquired (a legal copy). It must be used in a classroom or similar place "dedicated to face-to-face instruction". Not for use as entertainment or reward. The use should be instructional. The place should be a non-profit educational environment.

MusicMusic

Up to 10%, but never more than 30 Up to 10%, but never more than 30 seconds of music and lyrics can be used. seconds of music and lyrics can be used. The number of copies shall not exceed The number of copies shall not exceed one copy per student.one copy per student.

Emergency copies of music may be Emergency copies of music may be made to replace purchased copies.made to replace purchased copies.

Internet Under the guidelines of copyright, media on

the internet is copyrighted—whether it is stated so or not.

Either ask and receive permission to use copyrighted materials on a web site or use public domain or original media.

Public DomainPublic Domain

A public domain is a creative work that is A public domain is a creative work that is not protect by copyright and may be freely not protect by copyright and may be freely used by everyone. The reasons the work used by everyone. The reasons the work is not protected include:is not protected include:

The term of the copyright for the work has The term of the copyright for the work has expired.expired.

The author failed to satisfy statutory formalities The author failed to satisfy statutory formalities to perfect the copyright.to perfect the copyright.

The work is a work of the U.S. Government.The work is a work of the U.S. Government.

Violations

• Violations are usually resolved in lawsuits rather than criminal trials.

• Violations can become a felony if more then 10 copies are made or a value is over $2,500.

• Civil damages up to $100,000 can be awarded and/or criminal penalties of up to 5 years imprisonment with a $250,000 fine.

References

Peto, Erica (1999). Copying and licensing, [online]. Retrieved November 8, 2005, from http://www.kent.k12.wa.us/KSD/IT.

Gasaway, Lolly (2003). When works pass into the public domain [online]. Retrieved November 17, 2005, from www.unc.edu/~uncLng/public-d.htm