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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” DoctrineFour Factors to ConsiderThe purpose and character of the useThe nature of the copyrighted workThe amount and substantiality The cumulative effect

Guidelines for Classroom CopyingSingle Copying For TeachersA chapter from a book An article from a periodical or newspaper A short story, short essay or short poemA chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper

Guidelines for Classroom CopyingMultiple Copies for Classroom UseMultiple 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 effectEach copy includes a notice of copyright

Guidelines for Classroom CopyingProhibitionsCopying 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.

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 CopyingProhibitionsCannot 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.

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 ActThe 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 ActRequirementsIt 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.

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 ActRequirementsAll 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.

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 ActRestrictionsThe 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.

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 ActGuidelines for Successful PostingLimit AccessCurrent EnrollmentTime LimitsAmounts – DisplaysAmounts – PerformancesDownload Controls

PenaltiesCivil and criminal penalties may be imposed for copyright infringement. Up to $150,000 per work infringed!

The Key CasesThe Kinko’s Case – 1990The Michigan Document Services (MDS) Case - 1996

The Kinko’s Case – 1990

The Michigan Document Services (MDS) Case - 1996

The Kinko’s CaseLawsuit 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 $2 million.

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 CaseLawsuit 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.

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 CasesMore than 20 since 2002Five 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.

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 CasesElectronic Use6 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.

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 LiableHow 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!

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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