Ebonie Rowell Block-2 3/13/09 Copyright: The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
Fair Use In order to claim fair use: -The copy is used in a non-profit educational institution or with homebound students. -The copy is used in face-to-face instruction. -The copy is used in support of curricular objectives. -The copy is legally obtained.
Up to 10% or 1000 words of a copyrighted work may be used, whichever is less.
An entire poem if less it is less than 250 words.
250 words or less may be used from a longer poem.
No more than 5 poems or excerpts of different poets may be used from a poetry anthology.
Only 3 poems or excerpts may be used from a single poet in a presentation.
Photos No more than 5 images of an artist’s or photographer’s work may be used in a single presentation. When using photographs from a collection, no more than 10% or 15 images, whichever is less, may be used. A photograph or illustration must be used without cropping or alteration.
Photocopying Fair Use
A teacher can make a single copy of a book chapter, magazine or newspaper article, picture from a book, magazine, or newspaper for personal research or for teaching.
Only a teacher can make multiple classroom copies of printed works.
A complete poem can be copied if it is less than 250 words or 250 words from a longer poem.
A complete article, story, or essay can be used if it is less than 2,500 words, 1,000 words or 10% whichever is less of an article or story more than 2,500 words long.
A single graphic or picture from book or issue can be copied as well.
Exception: children’s/picture books less than 2,500 words
Excerpts should be no more than two pages and may not contain more than 10% of total words.
Certain conditions that need to be followed are only one copy allowed per person and copies may not be used year after year. Users should never copy consumable materials or make copies to save money.
Commercial Fair Use
Broadcast programs are defined as television programs transmitted by television stations for reception by the general public without charge
Broadcast programs may be:
recorded and retained for a period of 45 calendar days from the date of recording.
be erased at the conclusion of the retention period
not be regularly recorded in anticipation of requests.
School days do not include weekends, holidays, vacations, examination periods, or other scheduled interruptions.
used once by individual teachers in classroom teaching activities.
used with students only during first 10 school days.
repeated once during the first 10 school days for reinforcement if necessary.
used after 10 days only by a teacher for evaluation purposes.
made only at request of and used by individual teachers.
No program may be recorded for an individual teacher more than one time regardless of number of times it is broadcast .
A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under fair use guidelines
need not be used in their entirety.
may not be altered from their original content.
may not be physically or electronically combined or merged into teaching anthologies or compilations.
must include the copyright notice.
Premium cable channels are not considered broadcast channels since they are not open to the general public free of charge.
Microcomputer Fair Use
1980 amendment to 1976 Copyright Act that defined computer programs.
Copying is an infringement whether it is done for sale, free distribution, or copier’s own personal use.
Liability for infringement usually falls on party owning the computer.
Lending, renting, or leasing software is illegal without permission.
With 2 exceptions, making copies of software is not allowed under fair use:
1 backup archival purposes only. This copy may not be used unless original is destroyed and the backup copy must be destroyed when rights to program cease.
1 copy may be created on the computer’s hard drive in order to make the program operate
Adaptation Adaptation is changing the media format of an original work or modifying the work. You may NOT enlarge, modify, or convert a copyrighted work to a different medium without permission.