AMD LAW Library presentation regarding copyright protection

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This presentation was prepared for several local libraries as a refresher to their employees regarding copyright protection.

This presentation was prepared for several local libraries as a refresher to their employees regarding copyright protection.

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Transcript

  • 1.  This fact sheet is intended as an introduction to ideas and concepts only. It should not be treated as a definitive guide, nor should it be considered to cover every area of concern, or be regarded as legal advice.
  • 2.  Public libraries have an interest in safeguarding the creative works of authors and deterring infringement by facilitating copyright protection.
  • 3.  The author has the right to:  Make copies the work  Distribute copies of the work  Perform the work publically  Display the work publically  Make derivative works (making modifications, adaptations, or other new uses of a work, or translating the work to another media)
  • 4.  Copyright protects "original works of authorship" that are fixed in "a tangible form of expression." Such as:  Literary works (which includes computer 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 and  Architectural works.
  • 5.  Beyond creating a copyrightable work, an author need do little else to gain copyright protection. Neither publication, nor registration with the Copyright Office, is required today to secure copyright.
  • 6.  Generally, it is illegal for anyone to reproduce copyrighted work without the permission of the author, but there are some a few exceptions, the major one being “Fair Use”.
  • 7.  The “Fair Use” doctrine allows limited copying of copyrighted works for educational and research purposes.  The use must be for an educational/non-commercial purpose  The nature of the copyrighted work: the more factual and less creative the work, the more likely it will be fair use;  The amount and substantiality of the portion used in relation to the copyrighted work as a whole: the more taken the less likely to be fair use; and  The use should not effect the market value of the work.
  • 8.  Not everything is protected by copyright law. The following are categories of things not protected:  Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (but written or recorded descriptions, explanations, or illustrations of such things are protected copyright)  Titles, names, short phrases, and slogans;
  • 9.  Works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down or otherwise recorded Works consisting entirely of information that is commonly available and contains no originality (for example, standard calendars, standard measures and rulers, lists or tables compiled from public documents or other common sources) Works by the government.
  • 10.  Patrons of libraries can “check-out” books, DVD, CDs and other media items including digital audio books. It is important to warn the public against the tendency to inadvertently violate the copyright interests of the creator of the work. Making copies of protected work may be in violation of the federal copyright regulations, even if the items are received from a public library!
  • 11.  Copyrighting creative works has actually turned into big business. Just think of all of your favorite books, songs, movies, plays, and artworks. The individuals responsible for creating them deserve to make a living from their creative .Thats what copyright is all about. Copyright protection reflects our appreciation for all the hard work that goes into creating "original works of authorship“.
  • 12.  Ripping a copy of a CD to their computer hard-drive. Scanning pictures and using them on the internet. Copying a book and distributing them.
  • 13.  Place a copyright warning label on all electronic items. Provide patrons with written materials explaining copyright protection.
  • 14.  It is important to advise patrons that they need to seek permission from the creator of a work that they intend to copy and use.
  • 15.  Here is basic warning label language you could use:“The copyright law of the UnitedStates (Title 17, United States Code)governs the making of photocopies orother reproductions of copyrightedmaterial. Under certain conditionsspecified in the law, libraries andarchives are authorized to furnish aphotocopy or other reproduction. Oneof these specified conditions is thatthe photocopy or reproduction is notto be "used for any purpose otherthan private study, scholarship, orresearch." If a user makes a requestfor, or later uses, a photocopy orreproduction for purposes in excessof "fair use," that user may be liablefor copyright infringement."
  • 16. Contact the AMD LawGroup atwww.amdlawgroup.comor (347)699-4AMD (4263)
  • 17. An AMD Law Group Presentation www.amdlawgroup.com (800) 605-0785