Copyrights EDTC 6340 SUMMER I, 2012BY : A L FO N S O A L ME I DA
Copyright Is an intangible right granted by federal statute to the author or originator of a literary or artistic production of a specified type. ( Copyright Act 1976).
Protected Expression Literary works Musical works Dramatic works Pantomimes and choreographic works Pictorial, Graphic, and Scuptural works. Motion pictures, an other audiovisual works. Sound recordings Architectural works.
Copyright Infringement Whenever the form of expression of an idea is copied. (Even partially). Those who infringe copyrights may be liable for damages or other criminal penalties.
Damages Actual damages are based on the harm caused to the copyright holder by the infringement, while statutory damages, not to exceed $150,000 are provided for under the Copyright Act. Criminal proceedings may result in fines and/or imprisonment.
The Fair Use (Exception) An exception to liability for copyright infringement is made under the “fair use” doctrine. In certain circumstances, a person or organization can reproduce copyrighted material without paying royalties.
Fair Use ( 4 Factors) The purpose and character of the use. The nature of the copyrighted work. The amount and substantiability of the portion used in relation to the copyrighted work as a whole. The effect of the use upon the potential market for or the value of the copyrighted work.
Getting Permission When you intend to use the materials for commercial purposes. When you want to use the materials repeatedly. (The UMUC library will assist faculty to obtain permission for copyrighted material.) If you need assistance, contact the U.S. Copyright Office at (www.copyright.gov).
Copyright Rights (Owner) Right to make copies To publicly distribute your work. To display and perform at work. To perform you works over a digital network. The Copyrights will last the owner’s entire lifetime plus 70 years.
Fair Use for Instructors Credit your source, author, or copyright holder. Determine how much of the work you are copying. How many times are you planning to copy the material. (Otherwise you need to ask for permission). (U.S. Copyright Office 2009, Par.6). Determine the need for copying ( FAQ, I couldn’t find the author, I can’t determine who’s the copyright holder, the author of the work passed away before 1940).
What counts as Fair Use? A chapter from a book ( not the entire book). An article from a newspaper or a journal. A short story, and essay or a poem. A chart, graphic, diagram, drawing, cartoon or a picture.
Fair Use limits Poetry: 250 words or less, two pages or excerpts up to 1000 words or 10%. Prose: Copies of an article, story or essay that are 2500 words or less. Excerpts up to 1000 words or 10% whichever is less. Illustrations: Copies of a chart, graph, diagram, drawing, cartoon or a picture.
Credits Clarkson, K., Miller, R., Jentz, G., & Cross, F. (2010). Business law. (11 ed., p. 1082). Mason, OH, USA: Cengage-Learning. copyright.lib.utexas.edu. (2009, 12 10). Retrieved from copyright.lib.utexas.ed