Copyright laws

Framework for educators

COPYRIGHT ACT 98 OF 1978 http://www.legalnet.co.za/cyberlaw/CopyrightAct.htm

TRIPS (World Trade Organisation on Trade-related Aspects of Intellectual Property Rights)

Fair Use Agreement

What is Copyright? ©

“the exclusive legal right to reproduce, publish, and sell the matter and form (as of a literary, musical, or artistic work)”

Merriam-Webster Dictionary

What is Plagiarism?

“to steal and pass off (the ideas or words of another) as one's own use (another's production) without crediting the source”

Merriam-Webster Dictionary

How long does copyright last?

Anything created after January 1, 1978 is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death.

For works made for hire (e.g., copyright held by companies), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.

What is not copyrighted?

Works not in a tangible form of expression (have not been written or recorded)

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or unpatented devices.

Works consisting entirely of information that is common property (e.g. standard calendars, height and weight charts, tape measures and rulers, etc.)Information database compilations (such as the telephone book)

Materials or reprints of materials in the public domain

Facts

•Fair Use

The copying is for educational use;

The original material is mainly facts, lacks originality, and is published;

You use portions, not whole sections;

You’re not taking potential sales away from the original You’re not providing copies just so your school doesn’t have to

pay for the books (or original source materials).

Fair use guidelines

For class instruction or learner self-study For use in workshops with peers Video / film 10% or 3 min (whichever is less) Text 10% or 1000 words (whichever is less) Music / lyrics 10% No more than 30 sec Photographs No more than 5 images from same artist No more than 10% or 15 images from one work (whichever is less)

•Acknowledge source

Copyright ownership information includes: © (the copyright notice) year of first publication name of the copyright holder

e.g., © 2001 Company/Person’s Name

Crediting the source: Give a full bibliographic description where available:

author, title, publisher, and place and date of publication.