rulesregulations fair use common misconceptions copyright

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COPYRIGHT BE CAREFUL

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Page 1: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

COPYRIGHT

BE CAREFUL

Page 2: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

RULES

REGULATIONS

FAIR USE

COMMON MISCONCEPTIONSCOPYRIGHT

Page 3: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

KEY TERMSUNAUTHORIZED DISTRIBUTION

FAIR USEINTELLECTUAL PROPERTY

REPURPOSE

TRANSFORMATIVE USE

PUBLIC DOMAIN-CREATIVE COMMONS

EXCLUSIVE RIGHTS

Page 4: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

WHAT IS COPYRIGHTCOPYRIGHT PROTECTION

Copyright Act 1976Federal statute

EXCLUSIVE ASSIGNABLE

LEGAL RIGHT OF ORIGINATOR OR

ASSIGNEE RELATING TO A

PIECE OF WORK OR A FORM OF

IT

WORDS- NUMBERSNOTES- SOUNDS

PICTURES-PRINT

Literary Artistic Works

Musical* Sound

RecordingsText

*Computer Programs

PHOTOGRAPHIC-SCULPURE

PUNCHED-MAGNETICALL STABLE

FORMCAN READ-

CAN FIX IN A MACHINECAN MAKE COPY OF

PROTECTION BY LAW TO AUTHORS

/CREATORS OF ORIGINAL WORKS OF

AUTHORSHIP

Copy* Reproduce*

Sell* Distribute*

Print *Publish

Perform * Film or Record

Book- Play-Single

Sentence-Poem

Presentation

Not Facts

EXCLUSIVE RIGHTS TO CONTROL

REPRODUCTION, DERIVATIVE WORK,

DISTRIBUTE, TRANSFER

OWNERSHIP, PUBLIC

PERFORMANCE, PUBLIC DISPLAY

Original works of authorship fixed

in any tangible medium

of expressi

on

PREVENTS UNAUTHORIZED COPYING

OF INTELLECTUA

L WORK

You Can’t Copyri

ght IDEAS

& TITLE

S

Page 5: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

PERMISSIONS

• CONTACT WEBMASTER

• LETTER TO PUBLISHER

•PROBABLY “ORPHAN WORK” : WORKS FOR WHICH COPYRIGHT OWNER CANNOT BE FOUND- CALCULATE THE RISK THAT AUTHOR COULD EMERGE AND EXERCISE LAWS

•See : Public domain and orphan works. For more information

• OBTAIN PERMISSION OR AUTHORIZATION FROM COPYRIGHT HOLDER

PORTION OF COPYRIGHTED

WORK

CAN’T IDENTIFY THE AUTHOR, THEIR

ESTATE, BUSINESS OWNERS

NO SUCCESS IN CONTACTING THEM

REPRODUCE WEB INFORMATION

EXCERPT FROM A BOOK

Page 6: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

REGULATIONSHOW LONG BEFORE A COPYRIGHT EXPIRES?

WORKS CREATED SINCE JANUARY 1,1978- 70 YEARS AFTER CREATOR’S DEATHWORKS CREATED BEFORE January 1, 1978 – 28 T0 67 YEARS FROM DEATH OF

AUTHOR & RENEWABLE

WHAT HAPPENS WHEN A COPYRIGHT EXPIRES WORK IS IN PUBLIC DOMAIN-NO ONE OWNS IT-NO NEED FOR REPRINT PERMISISION

IT IS STILL IMPORTANT TO CITE THE SOURCE EVEN IF IT IS IN PUBLIC DOMAINWHEN IN DOUBT ASK FOR PERMISSION TO AVOID COPYRIGHT VIOLATION &

DOCUMENT YOUR ATTEMPTS

Copyright protects material regardless of whether the owner cares or notUnsuccessful attempts for permission do not eliminates liability for infringement

The institution is likely to be liable, along with an accused individual, for the infringements of faculty, students and staff, most institutions advise such individuals not to use works for which required permission cannot be obtained. But many institutions are beginning to look at this reaction more carefully, and may determine that at times there are important considerations favoring limited nonprofit educational use of materials that would counterbalance

the risk of harm to someone's legal rights.

Page 7: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

COMMON MISCONCEPTIONS

Original work published after March of 1989 is automatically

Copyrighted

“If it does not say it is copyrighted, it is not copyrighted.”

Whether you make profit or not from reuse of copyrighted material ,

distributing its ILLEGAL

“It is okay to put copyrighted material on my Web site because I do not charge

people to look at it ”NO!!!!

“I found it on the Internet, therefore it is okay for me to copy it.”

NO!!!!!

Most of the text on the Internet is indeed copyrighted

Internet copyright infringement is a serious breech and can result in

prosecution

I changed it so it’s no longer copyrighted

NO!!!Only owner can create “derivative works” or profit from intellectual

property

Fair use allows me to reprint the material.

No!!!Fair use gives right to reprint only brief excerpts without permission. Its all in the intention and character of the use

Page 8: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

FAIR USE

FAIR USE

NATURE

PURPOSE

AMOUNT OF USE

EFFECT ON POTENTIAL

MARKET

TRANSFORMATIVENESS

REPURPOSE

ADD VALUECULTURAL /MONEY MARKET VALUE

CONTENT

COST TO COPYRIGHT

HOLDER LESS THAN

BENEFIT TO SOCIETY

SEA

RC

H A

ND

US

E C

REATIV

E C

OM

MO

NS

LIC

EN

SED

MATER

IALS

MEA

NT F

OR

ED

UC

ATO

RS

AN

D S

TU

DEN

TS

Page 9: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

PROTECTING YOUR WORK

THE MOMENT YOU HIT SAVE

TOUCH PENCIL/PEN TO

PAPER

BRUSH TO CANVAS

FROM MOMENT OF FIXATION IN

TANGIBLE MEDIUM

COMPUTER MEDIA =TANGIBLE

IF YOU WILL LIKELY SUE

SOMEONE FOR INFRINGEMENT :

EXTRA MILE Register at

copyright office

AUTOMATIC

Page 10: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

INFRINGEMENTIMPLIED LICENSE FOR INTERNET

MATERIALSInternet posting : expectation to be

read, downloaded, printed, forwarded, repurposed

Boundaries vagueNOT ALWAYS CLEAR ON:

rights to create derivativesLarge scale distribution of material by

nonprofits

NOT FOR COMMERCIAL USE OF THE WORK WITHOUT PERMISSION

EXPRESS LICENSES FOR INTERNET

MATERIALS Spell out rights author

grants public CREATIVE COMMONS

LICENSE Attach this to postings on

website or uploads to permit creative use of your

work

POSTING INFRINGING WORKSYOU ARE LIABLE FOR COPYINH AND DISTRIBUTING COPYRIGHTED WORK

WITHOUT PERMISSIONUNIVERSITIES & LIBRARIES CAN BE HELD LIABLE FOR EMPLOYEES AND

STUDENTS WHO VIOLATE COPYRIGHT USING MATERIALS ACCESSED FROM

THE UNIVERSITY’S SYSTEM

EDUCATIONAL INSTITUTIONS MUST PAY ATTENTION TO ACTIVITIES

OF USERS ON THEIR NETWORKSEDUCATE USERS ABOUT

INVESTIGATE COMPLAINTS ABOUT INFRINGEMENT

Page 11: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

WHO OWNS THE COPYRIGHT

Ask whether they own the copyright

or whether the work was work for

hire

Identify the author or authors and contact one or more of them

Ask

whether

they have

conveyed

away any

of their

rights,

and if so,

to whom.

Page 12: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

EDUCATORS GUIDE

AVOID INFRINGEMEN

T USE

HARDWORKCREATIVITY

COMMONSENSE

MUSIC

NEED PERMISSION

OR ELSE ONLY 10% AND NOT MORE THAN 30 SECONDS

FIND ROYALTY FREE MUSIC

VIDEO

SPECIFIC TO CURRICULUM

CAN’T COPY TO

DIFFERENT FORMAT

LEGALLY PURCHASE A

COPY

ROYALTY FREE PICTURES

ORTAKE YOUR

OWN PICTURES

PERMISSION FROM

-PUBLISHER--WEBMASTER-

-SUBJECT –-

PHOTOGRAPHER-

Page 13: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

EDUCATORS GUIDE: MULTIMEDIADIGITAL MEDIA MUST BE

LEALLY ACQUIRED

SEEK PERMISSION

OBSERVE RECOMMENDED GUIDELINES IF UNABLE TO

GET PERMISION

DIGITAL MEDIA INCLUDES

ILLUSTRATIONS

PHOTOGRAPHS

DIGITAL SOFTWARE

ORIGINAL WORK

CITE ALL MATERIALS USED TO CREDIT THE SOURCE

GUIDELINES

POEMS

ALL OF A 250 WORDS POEM

MORE IF LONGER POEM

SAME AUTHOR 3 POEMS OR LESS

NOT MORE THAN 5 POEMS FROM DIFFERENT AUTHORS

GUIDELINES

TEXT

10% OR 1000 WORDS

WHICHEVER IS LESS

GUIDELINES

MOTION MEDIA

10% OR 3 MINUTES

WHICHEVER IS LESS

GUIDELINES

MUSIC VIDEOS

10% OF THE WORK OR

30 SECONDS MAXIMUM

GUIDELINES

PHOTOGRAPHS AND ILLUSTRATONS

ENTIRE WORK

NOT MORE THAN 5 IMAGES PER PHOTOGRAPHER OR ARTIST

NOT MORE THAN 15% OR 10%

WHIGHEVER IS LESS

FROM ONE PUBLIXHED WORK

GUIDELINES

COPYRIGHTED DATABASES OR TABLES

10 % OR 2500 FIELD ENTRIES

Page 14: RULESREGULATIONS FAIR USE COMMON MISCONCEPTIONS COPYRIGHT

REFERENCES

• TECHNOLOGY HANDBOOK MODULE 6. The McGraw-Hill Companies, Inc. All rights reserved.

• UMUC (2015). Copyright and Fair Use in the UMUC Online or Face-to-Face Classroom. https://www.umuc.edu/library/libhow/copyright.cfm