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COPYRIGHT (kop΄ē·rīt΄) n. The exclusive statutory right to publish and dispose of a literary, musical, artistic, or dramatic work for a specified time.
The “Fair Use” Doctrine Four Factors to Consider The purpose and character of the use The nature of the copyrighted work The amount and substantiality The cumulative effect
Guidelines for Classroom Copying Single Copying For Teachers A chapter from a book An article from a periodical or newspaper A short story, short essay or short poem A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
Guidelines for Classroom Copying Multiple Copies for Classroom Use Multiple copies (not to exceed one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion, provided that: The copying meets the tests of brevity, spontaneity, and cumulative effect Each copy includes a notice of copyright
Guidelines for Classroom Copying Prohibitions
Copying shall not be used to create, replace or substitute for anthologies, compilations, or collective works (Coursepacks).
Consumable works, which include workbooks, exercises, standardized tests and test booklets and answer sheets cannot be copied.
Guidelines for Classroom Copying Prohibitions
Cannot substitute for the purchase of books, be directed by higher authority, or be repeated from term to term.
Cannot charge more than the actual cost of the photocopying.
The Teach Act The Technology, Education and Copyright Harmonization (TEACH) Act was enacted in November 2002 as an amendment to the Copyright Act of 1976. It covers distance education as well as face to face teaching which has an online, web enhanced, transmitted or broadcast component.
The Teach Act Requirements It does not cover making textual materials available to students. The performance or display MUST be:
Part of systematic mediated instructional activity.
At the direction of or under the actual supervision of the instructor.
An integral part of a class session.
The Teach Act Requirements All copies that are transmitted must be lawfully made copies. The performance and display may be received anywhere providing that the following technological conditions are met. The institution:
Must apply technological measures that reasonably prevent recipients from retaining works beyond the class session and further distributing them, and
May NOT interfere with technological protections taken by copyright owners.
The Teach Act Restrictions The performance or display must NOT be:
Part of a work marketed specifically for online education.
Already available through alternative sources in a digital format.
Unlawfully or suspected unlawfully made copies of works covered by U.S. copyright law.
Over the limits permitted as a fair use.
The Teach Act Guidelines for Successful Posting Limit Access Current Enrollment Time Limits Amounts – Displays Amounts – Performances Download Controls
Penalties Civil and criminal penalties may be imposed for copyright infringement. Up to $150,000 per work infringed!
The Key Cases
The Kinko’s Case – 1990
The Michigan Document Services (MDS) Case - 1996
The Kinko’s Case
Lawsuit filed against Kinko's Graphics Corporation in 1989 by eight book publishers.
Kinko's' unauthorized photocopying to create anthologies (coursepacks), violated the publishers' copyrights.
In addition to stopping Kinko's from photocopying works without permission, the court awarded the plaintiffs damages, court costs, and attorney's fees totaling almost
The Michigan Document Services Case
Lawsuit brought by Princeton University Press and two other publishers against Michigan Document Services, Inc., and James M. Smith (the owner).
Ultimately determined that use of the copyrighted materials for an educational purpose does not itself constitute fair use and held MDS and Smith to be infringers.
After the U.S. Supreme Court declined to review the decision, MDS and Smith settled the case.
Other Cases More than 20 since 2002
Five publishers sued a college bookstore chain in San Diego.
10 publishers sued 2 copy shops at Northeastern University in Boston, and University of Massachusetts in Amherst.
Copy shops sued at University of New Hampshire and UCLA.
Copy shop serving the University of Florida sued for second time.
Other Cases Electronic Use
6 publishers sue 2 copy shops and NetPaks for violating copyright law by creating online coursepacks without permission.
Publishers are objecting to an electronic reserve system at the University of California in which libraries scan portions of books and journals and make them available free online to students.
All Parties Can Be Held Liable How many times in the last 6 months do you think you have put your school at risk?
When you violate copyright law, you are not only putting yourself at risk; you are putting your school, the print shop, and the campus bookstore at risk as well.
Where copyright law is concerned, it is always better to ask permission than forgiveness!
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