Copyright for Photography


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A basic overview of the copyright law as it relates to photography in an educational setting.

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Copyright for Photography

  1. 1. Copyright Law October 18, 2006 Darrell Tangen
  2. 2. Overview• definition• history and laws• details of protection and fair use• internet and web• affects teachers• affects students• summary
  3. 3. Definition• Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works.• This protection is available to both published and unpublished works.• Protection provided under Title 17 of the US Code and The Copyright Act of 1976
  4. 4. Copyright History and Law• Copyright protected or “public domain”• all works published before 1923 are in the public domain• 1923 - 1978 maybe protected - 28 years if registered as copyrighted. Copyrights can be renewed during this period. Amendments extended protection.• 1977 until now- published works are 70 years plus life of author – work for hire protected 95-120 years after being published• International Protection – 100 countries subscribe to the Berne Convention or the GATT treaty
  5. 5. History and Law-2• amendments• 1989 Amendment - copyright notice no longer required• 1992 Amendment - auto renewable for 1964-77• 1998 Amendment - ISP as publisher, new guidelines• US Supreme Court Cases – Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417 (1984) Fair Use - Sale and Use of VCRs]
  6. 6. History and Law-3• proposed – able to digitize published images for electronic presentation – using components for multimedia creation – face to face instruction and – up to two years of use – limits on portions or amounts (10%) – only two copies of a multimedia project made (or one per creator)
  7. 7. Details• applying for copyrights – the forms• copyright notice• Fair use (Section 107 of the Copyright Act of 1976)• works for hire• searching for a copyright ($20/hour)
  8. 8. Internet and the Web• posting and downloading• sign on accepting• “they are watching”• get permission !!
  9. 9. Internet and the Web-2• Five web safety protocols – assume it is protected – read click wrap agreements – remove unauthorized material – investigate claims promptly – when in doubt, seek permission
  10. 10. Affects Teachers• Fair use• Guidelines, fair use and educational use – engaged in nonprofit instructional, research or scholarly activities for educational purposes – Reproducing Text Materials for Class • one copy of articles, chapters, peom, charts, graphs, picture etc. • cannot replace text or workbooks • cannot be charged more than actual cost • article less 2500 words or less than 10% • less than 250 words of a peom • one chart or picture etc. per book or publication
  11. 11. Teachers cont.– Music • music - 10% or less of song • only one copy per student • may not copy sheet music for performance • emergency exemption– TV video • schools can record but keep only 45 days • played only once • http://fairuse.stanford.educopyrightand fiar use overview/cahpter7/7-b.html
  12. 12. Affects Students• downloading or copying text, images or graphics• plagiarizing• giving credit does not replace permission• Posting student work
  13. 13. Summary• Review the guidelines and the law• Be familiar with “fair use”• Know where to research• Sources – – –
  14. 14. Thank you !
  15. 15. Valid Copyright Notice• the word copyright• a “c” in a circle ©• the date of publication• and name of author or owner• ie. Copyright © 2006 by Darrell Tangen
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