Each of these are court cases, regarding copyright law, that have been ruled upon by the Supreme Court of the United States within the last decade.
Copyright refers to the rights an author of a original expression are granted, by law, for protection of their work. The moment a tangible work is produced, the author is immediately granted these rights, without having to register or display the copyright symbol. In other words, from the moment something is written down or published on a computer, it automatically becomes copyrighted.
Copyright laws have been in effect since the 1790s.As our country progress academically and technologically, copyright laws continue to be updated. The most recent update was done in 2002 and is known as the TEACH Act.
Under the copyright law, the owner is given the following rights:The right to reproduce their work.The right to distribute their work.The right to prepare derivative works based on an original work.The right to perform or display the copyrighted work publicly.
Violation of Copyright Law could lead to the following:Attorney and court fees for yourself, as well as, the plaintiffLiability damages ranging from $30,000 - $150,000Prison sentence
Educators are required to following copyright law, as set forth in Title 17 of the United States Code.A limitation to copyright law, referred to as “fair use” allows copyrighted works to be used for criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction.Many educators misconstrue “fair use”, believing that any copyrighted material can be used as long as it if for instructional purposes, which is not the case.
To determine whether or not use is “fair”, requires careful consideration of the following factors:the purpose and character of the usethe nature of the copyrighted work.the amount and substantiality of the portion used in relation to the copyrighted work as a wholethe effect of the use upon the potential market for or value of the copyrighted workUnder most circumstances, educators can use the following guidelines to determine whether usage constitutes as “fair”:Copying a single chapter from a bookCopying an excerpt from a work that combines language and illustrations, such as a children's book, not exceeding two pages or 10 percent of the work, whichever is lessCopying a poem of 250 words or less or up to 250 words of a longer poemCopying an article, short story, or essay of 2,500 words or less, or excerpts of up to 1,000 words or 10 percent of a longer work, whichever is less; orCopying a single chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
In addition to fair use, educators have been granted a separate set of rights under the Technology, Education and Copyright Harmonization Act of 2002 (TEACH).The TEACH Act clarifies the use of copyrighted works for the purpose of distance learning. It also summarizes the responsibility university staff and students must stand by in order to be in compliance.
Before using a work that is copyrighted, does not constitute as fair use, and/or is protected under the TEACH Act, permission must be granted.There are numerous avenues an educator can take to get permission for using copyrighted materials, including contacting the owner and requesting written permission or contacting the CCC (Copyright Clearance Center).
As technology continues to influence education, educators are no longer able to “get away” with infringing on copyright law. Educators must educate themselves regarding the copyright law and carefully adhere to its requirements.When an educator fails to abide by copyright law, districts can be held liable.
According to their web-site, Creative Commons licenses provide a flexible range of protections and freedoms for authors, artists, and educators. Their goal is to maximize digital creativity, sharing, and innovation. If you are going to create and share your work, consider using a license from this site. Placing such a license on your work, will aid readers in understanding what can legally be done with your work.http://creativecommons.org/
Copyright “Crash” Course Mrs. Heather Dawn Luna
What do the following have in common? Golan v. Gonzalez CoStar v. LoopNet Perfect 10 v. Goggle Inc. Suntrust v. Hougton Mifflin
Image courtesy of http://media.smashingmagazine.com/images/copyright/copyright-explained.jpg.
What effect does copyright law have on… the future, present, or past? Book image courtesy of http://www.writingfordesigners.com/wp-content/uploads/2009/03/books1.jpg. Street sign image courtesy of http://askangels.com/wp-content/uploads/2010/01/past-present-future-smallsign1.jpg. Technology image courtesy of http://www.issues.cc/uploads/17822710258.jpg.
Image courtesy of http://www.cartoonstock.com/newscartoons/cartoonists/dbn/lowres/dbnn172l.jpg
Penalties of copyright law infringement include - Fines Jail Image courtesy of http://www.justice.tas.gov.au/__data/assets/image/0011/99821/enforcement2.jpg.
Education and Copyright Law Secrets are made to be found out in time. ~ Charles Sanford Image courtesy of http://mixredding.com/wp-content/uploads/2011/08/SECRET-TELLING.jpg.
Understanding “Fair Use” Image courtesy of http://standupforamerica.files.wordpress.com/2009/12/whine-not-fair-cartoon.jpg.
Image courtesy of http://www.distantlearninginfo.com/wp-content/uploads/2011/07/university-wales-mba-through-distance-learning.jpg.
Importance of Communication Image courtesy of http://thereelteamnewsletter.files.wordpress.com/2010/02/communication.jpg.
Copyright Liability Ahead! Image courtesy of http://i107.photobucket.com/albums/m302/justxanotherxemo/Funny%20Stuff/sign_caution_blk_lg.gif.
Maximizing digital creativity Image courtesy of http://static.blog.sharethis.com/blog/wp-content/uploads/2009/shar.png.
Works Cited Harper k. George, Copyright Crash Course, University of Texas Libraries, 2001, 2007, http://copyright.lib.utexas.edu/useofweb.html Jassin, Llyod J (1998-2011). Fair Use in a Nut Shell. Retrieved from http://www.copylaw.com/new_articles/fairuse.html. Starr, Linda (2010). Copyrights and Copying Wrongs. Retrieved from http://www.educationworld.com/a_curr/curr280a.shtml. Steven, Daniel (2001). Understanding Copyright. Retrieved from http://owl.english.purdue.edu/owl/resource/560/10/. Image from title slide courtesy of http://www.sffaudio.com/?p=2837.