Copyright Laws Regulations Copyright Texas Education Agency 2017

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Copyright Laws & Regulations

Copyright Laws & Regulations

Copyright © Texas Education Agency, 2017. These Materials are copyrighted © and trademarked ™

Copyright © Texas Education Agency, 2017. These Materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. For information contact: Office of Copyrights, Trademarks, License Agreements, and Royalties, Texas Education Agency, 1701 N. Congress Ave. , Austin, TX 78701 -1494; phone 512 -463 -7004; email: copyrights@tea. state. tx. us. Copyright © Texas Education Agency, 2017. All rights reserved. 2

I. What is Copyright? Title 17 of U. S. Code 1. Protection provided by

I. What is Copyright? Title 17 of U. S. Code 1. Protection provided by law 2. Protects the authors of “original works” Copyright (©) – a form of protection grounded in the U. S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright © Texas Education Agency, 2017. All rights reserved. 3

I. What is Copyright? > What copyright is not: 1. Patent: a short-term monopoly

I. What is Copyright? > What copyright is not: 1. Patent: a short-term monopoly 2. Trademark: identifying a product or service in the marketplace > Available to 3. Published and unpublished works 4. Section 106 of 1976 Copyright Act Copyright © Texas Education Agency, 2017. All rights reserved. 4

I. What is Copyright? Copyright gives exclusive rights and ability to authorize > Reproduction

I. What is Copyright? Copyright gives exclusive rights and ability to authorize > Reproduction of work in copies or phonorecords > Derivative works based upon the work > Distribution of copies publicly by sale, transfer of ownership, rental, lease, or lending > Performance of the work publicly > Display of the work publicly > Performance of sound recordings* in public by digital audio transmission * Sound recordings – “phonorecord”, cassette tapes, CDs, LPs, 45 i. e. , disks, as well as other formats (e. g. , Mp 3) Copyright © Texas Education Agency, 2017. All rights reserved. 5

I. What is Copyright? Copyright protects > Literary works > Dramatic works > Musical

I. What is Copyright? Copyright protects > Literary works > Dramatic works > Musical works > Artistic works* * Artistic works – poetry, novels, movies, songs, computer software, and architecture. 1 Copyright © Texas Education Agency, 2017. All rights reserved. 6

I. What is Copyright? Copyright does not protect > Ideas > Facts > Systems

I. What is Copyright? Copyright does not protect > Ideas > Facts > Systems > Methods of operation However, it may protect the way these things are expressed Copyright © Texas Education Agency, 2017. All rights reserved. 7

I. What is Copyright? When is the work protected? > The moment it is

I. What is Copyright? When is the work protected? > The moment it is created and fixed in a tangible form > It is visible either directly or with the aid of a machine or device Copyright © Texas Education Agency, 2017. All rights reserved. 8

II. Registration of Copyright > Rights of registration • Registration is voluntary • Copyright

II. Registration of Copyright > Rights of registration • Registration is voluntary • Copyright exists from the moment the work is created • To file a lawsuit for infringement, you will have to register > Copyright term depends on many factors: • Individuals: the life of the author(s) plus an additional 70 years • Corporations: for contract-out work and certain other works, copyright protection lasts 95 years from first publication Copyright © Texas Education Agency, 2017. All rights reserved. 9

III. Use of Copyrighted Works Fair Use Doctrine > A guideline that determines how

III. Use of Copyrighted Works Fair Use Doctrine > A guideline that determines how much a copyrighted item can be used legally without permission > Section 107 of Title 17 U. S. code contains exceptions for reproduction of a particular work Exceptions are > Criticism, comment, news reporting, teaching, scholarship, and research > Public domain items/works Permission: consent to use a work by reproducing it in some other work. Copyright © Texas Education Agency, 2017. All rights reserved. 10

III. Use of Copyrighted works Rules of thumb > Limit the use of copies

III. Use of Copyrighted works Rules of thumb > Limit the use of copies to single chapters > Single articles from a journal issue > Several charts, graphs, and illustrations > Others small parts of a work See also http: //www. utsystem. edu/ogc/intellectualproperty/copypol 2. htm#test Copyright © Texas Education Agency, 2017. All rights reserved. 11

III. Use of Copyrighted works Caveats > There is no specific number of words,

III. Use of Copyrighted works Caveats > There is no specific number of words, lines, or notes that may be safely be taken without permission > Acknowledging the source of the copyrighted material does not substitute for obtaining permission Bottom Line > Document your research at all times (bibliography & footnotes) > If you publish copyrighted work on your own website or in another publication, get written permission. Copyright © Texas Education Agency, 2017. All rights reserved. 12