THE COPYRIGHT LAW and Fair Use Guidelines for Educational Multimedia.
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Transcript of THE COPYRIGHT LAW and Fair Use Guidelines for Educational Multimedia.
THE COPYRIGHT LAWand Fair Use Guidelines for Educational Multimedia
COPYRIGHT LAW
Laws designed to protect intellectual property rights and provide potential monetary rewards for inventiveness and hard work. The ease with which material can be copied,
digitized, manipulated, incorporated into a presentation and delivered to a mass market has prompted a concern about the adequacy of copyright laws as they apply to the multimedia industry.
COPYRIGHT ACT OF 1976
Protects certain kinds of “original works of authorship”—whether published or unpublished
Protects works “fixed in any tangible form of expression”
THE COPYRIGHT LAW COVERS . . . Literary works (books, poems, software)
Musical works, including any accompanying words
Dramatic works, including any accompanying music
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Motion pictures and other audiovisual works
Sound recordings
Architectural works
DOES NOT COVER . . .
Ideas
Facts
Titles
Names
Short phrases
Blank forms
TRADEMARKS & COPYRIGHTS ARE DIFFERENT A trademark is a name, symbol, or other
device identifying a product Trademarks are not covered by the
copyright law, but by the Trademark Law Trademarks are frequently marked with
a registered trademark symbol--® Example: Coca Cola ®, Nike®
HOW DO I OBTAIN A COPYRIGHT? You automatically own the copyright to
any work you create as soon as it is fixed in a tangible medium.
You can indicate ownership by using the expression “copyright by” or the © symbol.
You can register for ownership with the U.S. Copyright office; this does provide you with additional legal benefits.
EXCEPTION TO OWNERSHIP In the case of works made for hire, the
employer and not the employee is considered to be the author.
Section 101 of the copyright law defines a “work made for hire” as: A work prepared by an employee within the
scope of his or her employment; or A work specially ordered or commissioned
for use
RIGHTS OF THE OWNER
You have the right to: Reproduce the work Distribute copies of the work Make a “derivative” work (make copies or
changes from the original) Publicly perform the work Put the work on public display
If you perform any of these tasks and are NOT the copyright owner, you are infringing on their rights. Example: copying software, sharing MP3 files,
photocopying, uploading materials to websites, etc.
WHAT OPTIONS DO WE HAVE?
Fair Use Guidelines for Educational Multimedia
Public Domain Royalty-Free Products
FAIR USE GUIDELINES
Portions, or in some cases the entirety, of copyrighted works may be used
Legitimate uses include “criticism, comment, news reporting, teaching, scholarship, or research.”
FAIR USE FACTORS
For use to fall under the Fair Use guidelines, the following factors must be considered: Purpose and character of use—commercial
or non-profit educational purposes The nature of the copyrighted work The amount and substantiality of the
portion used The effect of the use upon the potential
market value of the product
FAIR USE LIMITATIONS
Motion media 10% or 3 minutes, whichever is less
Text material 10% or 1000 words, whichever is less
Music 10% or 3 minutes, whichever is less
Photographs /
Illustrations
5 images per photographer/ artist; 10% or 15 images from a collective work
CREDIT YOUR SOURCES
“Educators and students are reminded to credit the sources and display the copyright notice and copyright ownership information . . . . ”
PUBLIC DOMAIN
Property rights that belong to the community at large, are unprotected by copyright or patent, and are subject to use by anyone You should have documentation that the item is
in public domain before using it Anything published before 1923 Anything created by the U.S. Federal Government
Public domain is not the same as freeware or shareware:
•Freeware: software that is provided without a charge
•Shareware: copyrighted software that is available free of charge on a trial basis
ROYALTY-FREE
Prepared material that can be used—legally—without paying a fee to the artist, publishing company, etc.
Some royalty-free material is available at no cost; however, most material must be purchased.
Royalty-free doesn’t necessarily mean FREE—you may have to pay for it.
REMEMBER . . .
Credit your sources!
When you create a work, you own the rights to that work.
Creating projects for the classroom is not necessarily the same as creating projects for competition—know the guidelines.
REMEMBER . . .
It is permissible to download limited amounts of material for use in a student project, but you can’t download material from one web site and post it to yours.
Know that royalty-free doesn’t mean unlimited rights—but it does expand your options
There is a difference in personal use, educational use, and the workplace.