Copyright laws Framework for educators COPYRIGHT ACT 98
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Copyright laws
Framework for educators COPYRIGHT ACT 98 OF 1978 http: //www. legalnet. co. za/cyberlaw/Copyright. Act. htm TRIPS (World Trade Organisation on Trade-related Aspects of Intellectual Property Rights) Fair Use Agreement
What is Copyright? © “the exclusive legal right to reproduce, publish, and sell the matter and form (as of a literary, musical, or artistic work)” Merriam-Webster Dictionary
What is Plagiarism? “to steal and pass off (the ideas or words of another) as one's own use (another's production) without crediting the source” Merriam-Webster Dictionary
How long does copyright last? Anything created after January 1, 1978 is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. For works made for hire (e. g. , copyright held by companies), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
What is not copyrighted? Works not in a tangible form of expression (have not been written or recorded) n Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or unpatented devices. n Works consisting entirely of information that is common property (e. g. standard calendars, height and weight charts, tape measures and rulers, etc. ) n. Information database compilations (such as the telephone book) n n Materials or reprints of materials in the public domain n Facts
• Fair Use n The copying is for educational use; The original material is mainly facts, lacks originality, and is published; n n You use portions, not whole sections; You’re not taking potential sales away from the original § You’re not providing copies just so your school doesn’t have to pay for the books (or original source materials). n
Fair use guidelines For class instruction or learner self-study n For use in workshops with peers n Video / film § 10% or 3 min (whichever is less) n Text § 10% or 1000 words (whichever is less) n Music / lyrics § 10% § No more than 30 sec n Photographs § No more than 5 images from same artist § No more than 10% or 15 images from one work (whichever is less) n
• Acknowledge source Copyright ownership information includes: § © (the copyright notice) § year of first publication § name of the copyright holder Ø e. g. , © 2001 Company/Person’s Name Crediting the source: § Give a full bibliographic description where available: author, title, publisher, and place and date of publication.
