Copyright and Fair Use for Teachers Felicia Williams

Copyright and Fair Use for Teachers Felicia Williams Dr. Katie Alaniz EDUC 5306 June 15, 2016

What is the penalty for copyright infringement ? • • Statutory Damages Actual Damages Imprisonment The infringer must attorney and legal fees • Fines ranges from $200 to $150, 000

What does the term “fair use” mean and who is included in the fair use clause? Fair use allows limited use of copyrighted material without requiring permission form the rights holder.

Fair Use is Permitted Educational Nonprofit News Criticism Parody Satire “Transformative”

What are the conditions for deciding fair use? • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; • the nature of the copyrighted work; • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and • the effect of the use upon the potential market for or value of the copyrighted work.

When Using multimedia in the classroom • The teaching activities are conducted by a non -profit education institution • The performance is in connection with face-toface teaching activities. • The performance takes place in a classroom or similar place devoted to instruction. • The person responsible for the performance has no reason to believe that the videotape was unlawfully made. • Remember you can only use a snip of the video

Media Use (Cont. ) Is it lawful to make film clip compilations for use in the classroom? Yes, this use is a fair use. Screen capture is an easy way to accomplish this. You must be a higher educational faculty member or college student studying media or film studies if you wish to circumvent technological measures employed by the rights holder (such as Content Scrambling System (CSS)).

What are the conditions for using someone else’s words? To avoid plagiarism, you should state the source you found by adding quotations and citing where you got the source from.

What are the conditions for using another’s musical score? You must get the permission to use another’s person musical score from the last know publisher

What if you want to tape something off the TV to use in the classroom…What are the rules here? The Fair Use law allows recordings of television shows to be viewed in the classroom without permission.

How can you get permission to use items in your classroom? • Educators may use copyrighted materials within their own classrooms without express permission from the copyright owner. • Student are required to give the author credit • The teacher is required to get permission by contacting the last known publisher.

When items are posted to a website what should the creator be careful to consider? • Everything on the web is the property of someone • Academic use does NOT automatically protect your for legal actions for copyright infringement. • They should be careful and not copy the works of others from web please there is no guarantee that they have permission

Copy Right Cheat Sheet Big Question The attached document is a list of easily accessible copyright and fair user guide https: //www. ocps. net/lc/east/htc/mediac enter/Documents/Fair. Use. pdf

Reference • http: //www. ala. org/tools/libfactsheets/alalibraryfactsheet 07 • http: //www. copyright. gov/title 17/92 chap 5. htm • http: //www. nolo. com/legal-encyclopedia/fair-use-the-fourfactors. html • https: //www. ocps. net/lc/east/htc/mediacenter/Documents/Fair. U se. pd • http: //smallbusiness. chron. com/punishment-violating-copyrightlaws-55157. html