Rules, Regulations, and PenaltiesRules, Regulations, and Penalties

By: Kalin GernandBy: Kalin Gernand

Golden Rules of Copyright:Golden Rules of Copyright:

•Materials published before 1923 are absolutely safe.Materials published before 1923 are absolutely safe.•In the U.S., facts (data) are always public domain and In the U.S., facts (data) are always public domain and may be copied without permission.may be copied without permission.•Inclusion of preexisting material in a new work does not Inclusion of preexisting material in a new work does not change the copyright status of the preexisting material.change the copyright status of the preexisting material.•If the use of original material created by someone else If the use of original material created by someone else diminishes the market value of that work, then their diminishes the market value of that work, then their copyright may have been violated.copyright may have been violated.•Getting written (not email) permission from the Getting written (not email) permission from the author/publisher of a copyrighted work is the surest way author/publisher of a copyrighted work is the surest way to protect yourself.to protect yourself.

Copyright Infringement Copyright Infringement

Copyright infringement is a person who does not follow the copyright laws and violates the rights of the copyright owner under these laws.

Penalties Penalties Violator is accountable for the copyright owner’s actual damages plus any

additional profit made by the violatorOR

The owner can collect statutory damage recoveryOR

If it is purposefully done to make profit, violators can receive up to ten years in prison depending on the crime.

•The lowest penalty is conviction of a federal misdemeanor, with a prison sentence of up to one year and a fine of up to $5000. •More serious penalties are levied against infringers who make multiple copies of a work, or who copy expensive works.• It is a felony, punishable by up to five years in prison and a fine of up to $250,000 to willfully infringe copyrights of others by making, during a 180-day period, ten or more copies of a work which have a cumulative value of $2500 or more. •Second and subsequent offenses carry a prison term of up to ten years in addition to the fine. Companies which willfully infringe can be assessed up to $500,000 in fines.

Source: http://www.docdroppers.org/wiki/index.php?title=Fair_UseSource: http://www.docdroppers.org/wiki/index.php?title=Fair_Use

Fair Use Guidelines:Fair Use Guidelines:• For teaching (including preparation) and for scholarly research,For teaching (including preparation) and for scholarly research,

• Single copies may be made of a book chapter; an article from a journal, Single copies may be made of a book chapter; an article from a journal, periodical or newspaper; a short story, essay or poem; a diagram or picture in periodical or newspaper; a short story, essay or poem; a diagram or picture in any of those works. any of those works.

• For onetime distribution in class to students, multiple copies may be made if: For onetime distribution in class to students, multiple copies may be made if: – There is no more than one copy for each student There is no more than one copy for each student – Notice of copyright is included Notice of copyright is included – Poetry, prose and illustrations are selectively and sparingly chosen Poetry, prose and illustrations are selectively and sparingly chosen – No charge is made to the student beyond the actual cost of the copy No charge is made to the student beyond the actual cost of the copy – The effect of copying will not be detrimental to the market for the workThe effect of copying will not be detrimental to the market for the work

• Permission should be obtained if material is: Permission should be obtained if material is: • Repetitively copied Repetitively copied • Copied for profit Copied for profit • Unpublished works Unpublished works • Consumable works (works intended for classroom activities, such as Consumable works (works intended for classroom activities, such as

workbooks, exercises and standardized tests) workbooks, exercises and standardized tests) • Creating anthologies or textsCreating anthologies or texts

Conditions of Fair UseConditions of Fair Use

• 4 Factors to Consider:4 Factors to Consider:– The purpose and character of your useThe purpose and character of your use

• Has the work been transformed?Has the work been transformed?

– The nature of the copyright workThe nature of the copyright work• ““you will have a stronger case of fair use if the material copied is from a you will have a stronger case of fair use if the material copied is from a

published work than an unpublished work” (Stanford Copyright) published work than an unpublished work” (Stanford Copyright)

– The amount and substantiality of the portion takenThe amount and substantiality of the portion taken• ““The less you take, the more likely that your copying will be excused as a fair use” The less you take, the more likely that your copying will be excused as a fair use”

(Stanford Copyright). (Stanford Copyright).

– The effect of the use upon the potential marketThe effect of the use upon the potential market• Is the owner deprived of income?Is the owner deprived of income?

Multimedia in the Classroom• Educational Multimedia Presentation May Include:Educational Multimedia Presentation May Include:

– up to 10% or 1,000 words, whichever is less, of a copyrighted text work. up to 10% or 1,000 words, whichever is less, of a copyrighted text work.

– up to 10%, but in no event more than 30 seconds, of the music and lyrics up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work. from an individual musical work.

– up to 10% or three minutes, whichever is less, of a copyrighted motion up to 10% or three minutes, whichever is less, of a copyrighted motion media work media work

– a photograph or illustration may be used in its entirety but no more than a photograph or illustration may be used in its entirety but no more than five images by an artist or photographer may be reproduced. When five images by an artist or photographer may be reproduced. When using photographs and illustrations from a published collective work, no using photographs and illustrations from a published collective work, no more than 10% or 15 images, whichever is less. more than 10% or 15 images, whichever is less.

– up to 10% or 2,500 fields or cell entries, whichever is less, from a up to 10% or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced. A field entry is copyrighted database or data table may be reproduced. A field entry is defined as a specific item of information, such as a name or Social defined as a specific item of information, such as a name or Social Security number in a record of a database file. A cell entry is defined as Security number in a record of a database file. A cell entry is defined as the intersection where a row and a column meet on a spreadsheet. the intersection where a row and a column meet on a spreadsheet.

Using Other’s Musical Scores

• Copies can be made of sheet music. Copies can be made of sheet music. – ““In no case can more than 10% of the whole In no case can more than 10% of the whole

work be copied and the number of copies may work be copied and the number of copies may not exceed one copy per pupil.” not exceed one copy per pupil.”

– Purchased printed copies can be edited or Purchased printed copies can be edited or simplified, but it cannot alter the lyrics or simplified, but it cannot alter the lyrics or misrepresent the fundamental character of the misrepresent the fundamental character of the work.work.

Using Film in the ClassroomUsing Film in the Classroom

• Permission must be given for teachers to use Permission must be given for teachers to use films for ENTERTAINMENT purposes.films for ENTERTAINMENT purposes.

• Nonprofit Educational SystemNonprofit Educational System– If used in a teaching activity or instruction and If used in a teaching activity or instruction and

the film is lawfully copied, teachers do not need the film is lawfully copied, teachers do not need to get permission to use to get permission to use it.

• Rented or Purchased Movies May Be Played By Teachers Without a License in the Classrooms of Public Schools and Nonprofit Educational Institutions

Recording Television Programs for Educational Uses

• Under the copyright law, “…a TV program can legally be taped and Under the copyright law, “…a TV program can legally be taped and shown to students only with the copyright owner's permission” shown to students only with the copyright owner's permission” (Stanford Copyright).(Stanford Copyright).

Rules:Rules:

• Only programs broadcast to the general public may be tapedOnly programs broadcast to the general public may be taped• A classroom teacher who wants a particular program taped should ask A classroom teacher who wants a particular program taped should ask

the school to tape it. the school to tape it. • The tape may be shown only during the first ten consecutive school days The tape may be shown only during the first ten consecutive school days

after it is made, and only in a classroom or similar place devoted to after it is made, and only in a classroom or similar place devoted to instruction. instruction.

• A limited number of copies may be made from each off-air recordingA limited number of copies may be made from each off-air recording• The tape may not be altered in any wayThe tape may not be altered in any way• After the ten-day classroom use period expires, the tape may be used After the ten-day classroom use period expires, the tape may be used

only for evaluation only for evaluation

Obtaining Permission to use Items in Obtaining Permission to use Items in Your ClassroomYour Classroom

This job is usually given toThis job is usually given to:• Clearance services. These services are the easiest Clearance services. These services are the easiest

method of clearance and assembly. method of clearance and assembly. • University bookstores or copy shops. University University bookstores or copy shops. University

policies may require that the instructor delegate the policies may require that the instructor delegate the task to the campus bookstore, copy shop or to a task to the campus bookstore, copy shop or to a special division of the university that specializes in special division of the university that specializes in clearances. Or, clearances. Or,

• Department administration (generally, the Department administration (generally, the instructor's secretary). In Section A4, we offer some instructor's secretary). In Section A4, we offer some suggestions for these kinds of administrators on how suggestions for these kinds of administrators on how to assemble a courespack without a clearance service. to assemble a courespack without a clearance service.

Posting Items on a WebsitePosting Items on a Website

• Register for Federal Copyright Law!Register for Federal Copyright Law!• What happens if this is not done?What happens if this is not done?– Infringers are free to take and use any of your Infringers are free to take and use any of your

information whenever they please and claim it as information whenever they please and claim it as their own.their own.

Still want to take Still want to take unauthorized unauthorized

material??material??

Sources:Sources:• http://www.usgenweb.org/volunteers/copyright.shtml• http://fairuse.stanford.edu• http://www.findlay.edu/offices/adminoffices/printservices/copyright.htm