BEATRICE ANYANWU WHEN YOU VIOLATE COPYRIGHT LAW YOU
BEATRICE ANYANWU
WHEN YOU VIOLATE COPYRIGHT LAW YOU WILL… What have I done to myself!!!
Copyright Infringement And Penalty Definition: Copyright Infringement is the act of violation of the exclusive rights granted by the Federal Copyright to copyright owners. The legal Penalties for Copyright infringement are: Ø Infringer pays the actual dollar amount of damages and profits. Ø Penalty amount ranges between $200. 00 to $150, 000. 00 for each work infringed. Ø Infringer pays for all attorney’s fees and court costs. Ø The court can impound the illegal works. Ø The infringer can go to jail.
“Fair Use” – Meaning & who is included in the clause Definition: Fair use is an exception in copyright which allows use of copyrighted materials without obtaining permission as long as the use can be considered fair. Who is included in the clause? Ø Purpose/character of include: whether such use is for commercial nature; For nonprofit educational purposes; The nature of the copyrighted work; The amount and substantiality of portion used in the copyrighted work; The effect of the use upon the potential market.
Conditions & Factors for Deciding Fair Use The four-factor analysis applied to determine whether use is fair are: v The purpose must be for nonprofit activities. v Fair use character including educational research, criticism, commentary, news reporting, and scholarship v Each factor is given equal weight. v The goal is to achieve balance between rights of the copyright holder with the public rights.
Conditions For Using Someone else’s Word (Plagiarism) The use of someone else’s words without permission attracts penalty. To avoid penalty one must: Ø Use indicia of quotation (quotation marks, indented block) Ø Complete bibliographic citation (author’s name, title of work). Ø Uniform Resource Locator (URL) showing the work source. Ø Quote and attribute - (use exact words in quotation mark). Ø Paraphrase and attribute - (use own words but include who said it/who wrote it).
Conditions For Using Another’s Musical Score Two types of copyright exist when considering music copyright. The traditional : This is represented by letter “C” in a circle. The traditional copyright, applies to the composition, musical score, lyrics, and any artwork or cover designs. The second type of copyright applies to the sound recording , and is signified by the letter “P” in a circle. Music copyright does not apply to names, single phrases or slogans. Names may be regionally protected as a trademark.
Guidelines for using film in the classroom Educational institutions are permitted to use films and video if the following conditions are met: Ø Film must be shown as an instructional program. Ø Film must be shown by students, instructors, or guest lecturers, and be shown to students and educators only. Ø Film must be shown in a classroom or other school location devoted to instruction. Ø Film must be shown in a face-to-face setting where the students and teachers are in a general area. Ø A copyright notice should be included with the legitimate copy of the film. Ø The videos and films should not be used for entertainment or recreation.
Rules For Classroom Use of TV The following are some guidelines to follow for use of TV in the classroom: v. Off-air taping by nonprofit educational institutions like public schools, most private schools, and colleges. v. Recording may be shown only in classrooms and similar places devoted to instructions. v. Limited number of copies should be made from each off-air recording. v. The recording may not be altered in any way v. Only general public broadcast programs may be recorded.
How to Obtain Permission for Classroom TV Use Find the copyright owner for permission. The owner may charge a fee and permission may be oral or written. Specification of quantity needed is required. Free copyrighted copies can be obtained without permission from some academic and scholarly journals.
Considerations when Posting and Creating a Website Obtain permission from the copyright holder. No permissions needed if fair use or another exemption applies. Restrictions with specific instructions should be placed on posted materials. Consultation with web page experts should be done for technical assistance.
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