COPYRIGHT
BE CAREFUL
RULES
REGULATIONS
FAIR USE
COMMON MISCONCEPTIONSCOPYRIGHT
KEY TERMSUNAUTHORIZED DISTRIBUTION
FAIR USEINTELLECTUAL PROPERTY
REPURPOSE
TRANSFORMATIVE USE
PUBLIC DOMAIN-CREATIVE COMMONS
EXCLUSIVE RIGHTS
WHAT IS COPYRIGHTCOPYRIGHT PROTECTION
Copyright Act 1976Federal statute
EXCLUSIVE ASSIGNABLE
LEGAL RIGHT OF ORIGINATOR OR
ASSIGNEE RELATING TO A
PIECE OF WORK OR A FORM OF
IT
WORDS- NUMBERSNOTES- SOUNDS
PICTURES-PRINT
Literary Artistic Works
Musical* Sound
RecordingsText
*Computer Programs
PHOTOGRAPHIC-SCULPURE
PUNCHED-MAGNETICALL STABLE
FORMCAN READ-
CAN FIX IN A MACHINECAN MAKE COPY OF
PROTECTION BY LAW TO AUTHORS
/CREATORS OF ORIGINAL WORKS OF
AUTHORSHIP
Copy* Reproduce*
Sell* Distribute*
Print *Publish
Perform * Film or Record
Book- Play-Single
Sentence-Poem
Presentation
Not Facts
EXCLUSIVE RIGHTS TO CONTROL
REPRODUCTION, DERIVATIVE WORK,
DISTRIBUTE, TRANSFER
OWNERSHIP, PUBLIC
PERFORMANCE, PUBLIC DISPLAY
Original works of authorship fixed
in any tangible medium
of expressi
on
PREVENTS UNAUTHORIZED COPYING
OF INTELLECTUA
L WORK
You Can’t Copyri
ght IDEAS
& TITLE
S
PERMISSIONS
• CONTACT WEBMASTER
• LETTER TO PUBLISHER
•PROBABLY “ORPHAN WORK” : WORKS FOR WHICH COPYRIGHT OWNER CANNOT BE FOUND- CALCULATE THE RISK THAT AUTHOR COULD EMERGE AND EXERCISE LAWS
•See : Public domain and orphan works. For more information
• OBTAIN PERMISSION OR AUTHORIZATION FROM COPYRIGHT HOLDER
PORTION OF COPYRIGHTED
WORK
CAN’T IDENTIFY THE AUTHOR, THEIR
ESTATE, BUSINESS OWNERS
NO SUCCESS IN CONTACTING THEM
REPRODUCE WEB INFORMATION
EXCERPT FROM A BOOK
REGULATIONSHOW LONG BEFORE A COPYRIGHT EXPIRES?
WORKS CREATED SINCE JANUARY 1,1978- 70 YEARS AFTER CREATOR’S DEATHWORKS CREATED BEFORE January 1, 1978 – 28 T0 67 YEARS FROM DEATH OF
AUTHOR & RENEWABLE
WHAT HAPPENS WHEN A COPYRIGHT EXPIRES WORK IS IN PUBLIC DOMAIN-NO ONE OWNS IT-NO NEED FOR REPRINT PERMISISION
IT IS STILL IMPORTANT TO CITE THE SOURCE EVEN IF IT IS IN PUBLIC DOMAINWHEN IN DOUBT ASK FOR PERMISSION TO AVOID COPYRIGHT VIOLATION &
DOCUMENT YOUR ATTEMPTS
Copyright protects material regardless of whether the owner cares or notUnsuccessful attempts for permission do not eliminates liability for infringement
The institution is likely to be liable, along with an accused individual, for the infringements of faculty, students and staff, most institutions advise such individuals not to use works for which required permission cannot be obtained. But many institutions are beginning to look at this reaction more carefully, and may determine that at times there are important considerations favoring limited nonprofit educational use of materials that would counterbalance
the risk of harm to someone's legal rights.
COMMON MISCONCEPTIONS
Original work published after March of 1989 is automatically
Copyrighted
“If it does not say it is copyrighted, it is not copyrighted.”
Whether you make profit or not from reuse of copyrighted material ,
distributing its ILLEGAL
“It is okay to put copyrighted material on my Web site because I do not charge
people to look at it ”NO!!!!
“I found it on the Internet, therefore it is okay for me to copy it.”
NO!!!!!
Most of the text on the Internet is indeed copyrighted
Internet copyright infringement is a serious breech and can result in
prosecution
I changed it so it’s no longer copyrighted
NO!!!Only owner can create “derivative works” or profit from intellectual
property
Fair use allows me to reprint the material.
No!!!Fair use gives right to reprint only brief excerpts without permission. Its all in the intention and character of the use
FAIR USE
FAIR USE
NATURE
PURPOSE
AMOUNT OF USE
EFFECT ON POTENTIAL
MARKET
TRANSFORMATIVENESS
REPURPOSE
ADD VALUECULTURAL /MONEY MARKET VALUE
CONTENT
COST TO COPYRIGHT
HOLDER LESS THAN
BENEFIT TO SOCIETY
SEA
RC
H A
ND
US
E C
REATIV
E C
OM
MO
NS
LIC
EN
SED
MATER
IALS
MEA
NT F
OR
ED
UC
ATO
RS
AN
D S
TU
DEN
TS
PROTECTING YOUR WORK
THE MOMENT YOU HIT SAVE
TOUCH PENCIL/PEN TO
PAPER
BRUSH TO CANVAS
FROM MOMENT OF FIXATION IN
TANGIBLE MEDIUM
COMPUTER MEDIA =TANGIBLE
IF YOU WILL LIKELY SUE
SOMEONE FOR INFRINGEMENT :
EXTRA MILE Register at
copyright office
AUTOMATIC
INFRINGEMENTIMPLIED LICENSE FOR INTERNET
MATERIALSInternet posting : expectation to be
read, downloaded, printed, forwarded, repurposed
Boundaries vagueNOT ALWAYS CLEAR ON:
rights to create derivativesLarge scale distribution of material by
nonprofits
NOT FOR COMMERCIAL USE OF THE WORK WITHOUT PERMISSION
EXPRESS LICENSES FOR INTERNET
MATERIALS Spell out rights author
grants public CREATIVE COMMONS
LICENSE Attach this to postings on
website or uploads to permit creative use of your
work
POSTING INFRINGING WORKSYOU ARE LIABLE FOR COPYINH AND DISTRIBUTING COPYRIGHTED WORK
WITHOUT PERMISSIONUNIVERSITIES & LIBRARIES CAN BE HELD LIABLE FOR EMPLOYEES AND
STUDENTS WHO VIOLATE COPYRIGHT USING MATERIALS ACCESSED FROM
THE UNIVERSITY’S SYSTEM
EDUCATIONAL INSTITUTIONS MUST PAY ATTENTION TO ACTIVITIES
OF USERS ON THEIR NETWORKSEDUCATE USERS ABOUT
INVESTIGATE COMPLAINTS ABOUT INFRINGEMENT
WHO OWNS THE COPYRIGHT
Ask whether they own the copyright
or whether the work was work for
hire
Identify the author or authors and contact one or more of them
Ask
whether
they have
conveyed
away any
of their
rights,
and if so,
to whom.
EDUCATORS GUIDE
AVOID INFRINGEMEN
T USE
HARDWORKCREATIVITY
COMMONSENSE
MUSIC
NEED PERMISSION
OR ELSE ONLY 10% AND NOT MORE THAN 30 SECONDS
FIND ROYALTY FREE MUSIC
VIDEO
SPECIFIC TO CURRICULUM
CAN’T COPY TO
DIFFERENT FORMAT
LEGALLY PURCHASE A
COPY
ROYALTY FREE PICTURES
ORTAKE YOUR
OWN PICTURES
PERMISSION FROM
-PUBLISHER--WEBMASTER-
-SUBJECT –-
PHOTOGRAPHER-
EDUCATORS GUIDE: MULTIMEDIADIGITAL MEDIA MUST BE
LEALLY ACQUIRED
SEEK PERMISSION
OBSERVE RECOMMENDED GUIDELINES IF UNABLE TO
GET PERMISION
DIGITAL MEDIA INCLUDES
ILLUSTRATIONS
PHOTOGRAPHS
DIGITAL SOFTWARE
ORIGINAL WORK
CITE ALL MATERIALS USED TO CREDIT THE SOURCE
GUIDELINES
POEMS
ALL OF A 250 WORDS POEM
MORE IF LONGER POEM
SAME AUTHOR 3 POEMS OR LESS
NOT MORE THAN 5 POEMS FROM DIFFERENT AUTHORS
GUIDELINES
TEXT
10% OR 1000 WORDS
WHICHEVER IS LESS
GUIDELINES
MOTION MEDIA
10% OR 3 MINUTES
WHICHEVER IS LESS
GUIDELINES
MUSIC VIDEOS
10% OF THE WORK OR
30 SECONDS MAXIMUM
GUIDELINES
PHOTOGRAPHS AND ILLUSTRATONS
ENTIRE WORK
NOT MORE THAN 5 IMAGES PER PHOTOGRAPHER OR ARTIST
NOT MORE THAN 15% OR 10%
WHIGHEVER IS LESS
FROM ONE PUBLIXHED WORK
GUIDELINES
COPYRIGHTED DATABASES OR TABLES
10 % OR 2500 FIELD ENTRIES
REFERENCES
• TECHNOLOGY HANDBOOK MODULE 6. The McGraw-Hill Companies, Inc. All rights reserved.
• UMUC (2015). Copyright and Fair Use in the UMUC Online or Face-to-Face Classroom. https://www.umuc.edu/library/libhow/copyright.cfm