3. Copyright law seeks to protect the financial
interests of the person who creates
something like a song, book, or similar
creation.
The basic idea is that the person who created
something is entitled to the profits earned by from it.
4. Copyright infringement and
plagiarism are two different
issues.
Copyright is a federal law that
protects original works from
being copied and distributed
without the author’s
permission unless one of the
exceptions applies.
Plagiarism is passing off
someone else’s work as one’s
own or lack of ttribution. There
is no federal or state plagiarism
law but there can certainly be
severe repercussions for
plagiarizing.
5. Why do we have a copyright law?
If authors, song writers, and other creative people don’t get their
fair share of the profits earned from one of their creations, there
is little or no financial incentive to create something.
Without financial incentive to create, there will be further things
created.
And if people who can write songs, write books, create paintings
or other creative things are not doing that, then our society is
missing out on something valuable and important.
Therefore, the law provides when people are creating things that
are making money, they should get the profit from their creation.
6. One important thing to remember about copyright law
is that the creative person can sell or assign the
copyright to someone else.
When that happens, the creator does not get the
profits but instead the person who now owns the
copyright receives the profits
7. The owner of a copyright has the
exclusive right to do the following:
Reproduce copies of the work.
Prepare derivative works based on the copyrighted work.
For example: the owner of a copyright on a book has the movie rights – the right to
make a movie based on a book.
Distribute copies of the work by sale, rental, lease, or lending.
Publicly perform the work (if it is a literary, musical, dramatic, or
choreographic work or a pantomime, motion picture or audiovisual work).
Publicly display the work (if it is a literary, musical, dramatic, choreographic,
sculptural, graphic, or pictorial work -- including the individual images of a film -- or
a pantomime).
8. The legal penalties for copyright infringement are:
Infringer pays the actual dollar amount of damages and profits.
The law provides a range from $200 to $150,000 for each work infringed.
Infringer pays for all attorneys’ fees and court costs.
The Court can issue an injunction to stop the infringing acts.
The Court can impound the illegal works.
The infringer can go to jail.
9. What is covered by copyright law?
Copyright protection extends to "original works of authorship" that are "fixed in
any tangible medium of expression."
"Original works of authorship" include most of the things we read, view or hear in
the classroom, such as: books, journals, movies, art, music, and content posted
on the Internet.
10. Copyright protects:
motion pictures
photographic images
drawings and sketches
music
television programs
paintings
interiors
web videos
web art
landscapes
furniture
designs for buildings
written words
11. Copyright protection does not extend to:
ideas,
procedures,
processes,
systems,
methods of operation,
or discoveries,
regardless of the forms in
which they are described,
Illustrated or embodied
in a work.
12. Items in the public domain are not protected by copyright law:
These things are considered to be in the public domain
1. Anything published before 1923.
2. A work published before 1978 which does not carry a copyright notice.
3.Most United States government documents.
Once a work has acquired public domain status it is no longer eligible for copyright protection.
13. When do copyright privileges attach?
FROM THE TIME THE WORK IS CREATED IN FIXED FORM.
The copyright in the work of authorship immediately becomes the property
of the author who created the work. Only the author or those deriving their
rights through the author can rightfully claim copyright
According to the copyright office:
http://www.copyright.gov/circs/circ01.pdf
The use of a copyright notice is no longer required
under U.S. law, although it is often beneficial.
No longer required
14. Congress has decided that in certain circumstances people
should be allowed to use part of a something protected by
copyright law if the use is FAIR USE.
The Fair Use Doctrine basically says this:
You can use parts of a copyrighted work in certain instances
without getting permission from the copyright owner in
certain instances.
There are broad rules for determining whether a particular use
constitutes Fair Use.
THE FAIR USE DOCTRINE
15. The legal doctrine of Fair Use allows for portions of
copyrighted materials to be used without permission of
the copyright owner, provided that:
the use is fair and reasonable:
does not substantially impair the value of the
materials
and does not curtail the profits reasonably
expected by the owner
FAIR USE
16. A claim of FAIR USE would probably be
rejected if the particular use of an item
would lessen the amount of money
that the copyright owner could make.
Because copyright law is
basically about the money,
17. Take a look at this amusing and entertaining
video about the doctrine of fair use.
https://youtu.be/CJn_jC4FNDo?list=PLXR2sEd002fUbMQAiTbD0dXdkDwUkbKLn
A Fair(y) Use Tale
18. There are special rules setting forth how
copyrighted material can be used in an academic setting.
19. Copyright and Fair Use in the Educational Environment
“Publishers and the academic community have established a set of
educational fair use guidelines to provide “greater certainty and
protection” for teachers.
While the guidelines are not part of the federal Copyright Act, they
are recognized by courts and the Copyright Office as minimum
standards for fair use in education.
A teacher or pupil following the guidelines can feel
comfortable that a use falling within these guidelines is a
permissible fair use and not an infringement. “
http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/
There are rules which establish what
constitutes FAIR USE at a school or college.
20. At an educational institute you may make the following copies:
One chapter from a book.
One article from a journal issue or newspaper.
A chart, diagram, drawing, graph, cartoon, or picture.
Multiple excerpts from a single book or journal issue is
permitted If the total amount copied is less that 10% of the
whole book or journal.
A short story, short essay, or short poem.
Copies made within those guidelines
would be considered FAIR USE.
21. These rules are considered by some people to be too restrictive
for academic needs. It may be that the fair use doctrine would
allow you to make other copies in other situations.
You may think that something you want to do not mentioned
in the guidelines should be also considered FAIR USE and not a
violation of copyright law.
Just keep in mind that one of the possible consequences for
violating is a term of imprisonment in the federal penitentiary.
22. To learn more about copyright,
view these informative and entertaining videos.
https://youtu.be/eATwzWz1Dzw?list=PLXR2sE
d002fUbMQAiTbD0dXdkDwUkbKLn
https://youtu.be/eEB5MYcj-
Ns?list=PLXR2sEd002fUbMQAiTbD0dXdkDwUk
bKLn
