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The Do's and Don'ts of Copyright

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The Do's and Don'ts of Copyright By Kit Giddings

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The Do's and Don'ts of Copyright

  1. 1. The Do’s and Don’ts of Copying: Instructional Copyright Guidelines Kit Giddings Education Department Salt Lake Community College
  2. 2. What is Copyright? 1. Original work (not copy) 2. Work of expression (literary, musical, dramatic, architectural, etc.) 3. Fixed in tangible mediums (brushstrokes, words on paper, existing in computer or digitized format)
  3. 3. It’s Not Infringement, if… 1. You own the copyright 2. You have received express permission 3. The work is in the public domain and copyright is not owned by someone 4. You’re following “Fair Use” guidelines
  4. 4. What is Public Domain? • Any work that is not protected by copyright due to time lapse • Any publication more than 95 years old • US Government documents • Compilations without original source • Ideas, processes, and methods described in copyrighted works
  5. 5. Good to Know • Even when a work is unpublished, copyright law protects unpublished works from their creation throughout the author’s lifetime plus 70 years
  6. 6. 4 Points of Fair Use 1. Why are you using the material? Commercial or non-profit 2. What is the nature of the work? Material must be used for educational purposes 3. How much are you using? Limited in the number of copies and amount allowed 4. Are you keeping the copyright owner from making a living? Educators can’t make a profit from the copies they make
  7. 7. Brevity • Defined according to the type of publication • Poems: Not more than 250 words (entire poem or excerpt) as long as it is printed on two pages or less • Prose: Complete article of less than 2,500 words or excerpt of not more than 1,000 words or 10 % of the work, whichever is less
  8. 8. Brevity, cont. • Illustrations: One chart, graph, diagram, drawing, cartoon, or picture per book or periodical • Just because something is old and is in the public domain doesn’t mean it’s not copyrighted • Two pages maximum from an illustrated work of less than 2,500 words • “Consumables” such as workbooks cannot be copied without permission
  9. 9. Brevity, cont. • Must copy legally acquired original works: No pirated copies • Only one copy per student is allowed before you must ask for permission
  10. 10. Spontaneity • Copying must be initiated by the instructor for classroom purposes, not an administrator or supervisor • The inspiration to use material occurs in such a manner that does not reasonably permit a timely request for permission (See it, today and want to use it, tomorrow)
  11. 11. Cumulative Effect • Copies are restricted to one course • If permission is granted for one semester, you must ask permission for each subsequent semester • Not more than one short poem, article, or two excerpts can be copied from a given source or author during one semester • Multiple copying in a semester is limited to nine instances
  12. 12. “Rule of Proportionality” • The law will ask if you: “Are taking more material than you need to accomplish your purpose”
  13. 13. Television • Viewing must take place within 10 school days of broadcast • Recording must be destroyed within 45 calendar days of broadcast • May only show parts that apply to intended and prepared curriculum
  14. 14. Internet • Internet material may not be distributed to students. Students may gain access by going to site • Permission is given to use internet materials but instructors may not distribute them • May not display internet materials publically (over a network, the internet, or on a webpage)
  15. 15. E-mail Messages • You may not copy and distribute a private e-mail message without permission from author of that message
  16. 16. Youtube • Students and faculty may show videos from Youtube as long as: • You are displaying the site’s video playback pages, • The site’s embedded player, or • The site has granted prior written permission
  17. 17. Be Careful! • Copies cannot substitute for compilations or collective works • Consumable works cannot be copied (e.g., workbooks, standardized tests, etc.) • Cannot copy same items from semester to semester without permission • Copies cannot replace the purchase of books or periodicals
  18. 18. Obtaining Permission 1. Ask! 2. Locate the author(s) and ask if they own all of the copyrights to their work 3. Keep a sample letter in your files
  19. 19. Copyright Infringement, or not? • Students working on a classroom video project can use six minutes of a half-hour news documentary. • It is permissible to copy a page of 25 collected Internet Web links and place it on your Internet page. • Theatre students write a parody of Seven Brides for Seven Brothers. Is it copyright infringement?
  20. 20. References • SLCC Copyright Team members: http://www.slcc.edu/riskmanagement/docs/copyri ght/copyright_team.pdf • SLCC Copyright Handbook: http://www.slcc.edu/riskmanagement/docs/copyri ght/copyright04.pdf • SLCC Copyright compliance information: http://www.slcc.edu/riskmanagement/services/cop yright-compliance.aspx • United States Copyright Office: http://www.copyright.gov

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