Transcript Copyright - stjosephmediaman

Copyright
For Teachers and Students
Why is There a Copyright Law?
• Copyright law stems from Article 1,
Section 8 of the Constitution.
• Our forebears determined that is was in
the public interest that the creation of a
person’s mind and spirit should, under law,
belong for a limited time to that person or
their family.
What Laws Exist?
• The foundation of our current U.
S. copyright laws comes from the
Copyright Act of 1976.
• This gave copyright holders the
exclusive rights to reproduction
and distribution of their works.
What is Copyright for Us?
What’s a Trademark?
• A trademark is a word, symbol, or phrase, used
to identify a particular manufacturer or seller's
products and distinguish them from the
products of another.
• For example, the trademark "Nike," identify the
shoes made by Nike and distinguish them from
shoes made by other companies (e.g. Reebok
or Adidas).
Trademarks continued…
• Similarly, "Coca-Cola" distinguishes the
brown-colored soda water of one particular
manufacturer from the brown-colored soda
of another (e.g. Pepsi).
Fundamental Rights
•
•
•
•
•
Reproduction
Adaptation
Publication
Performance
Display
When is it Copyrighted?
• A work is protected from the
moment of creation, fixed in a
copy or audio-visual record.
How Do I Know?
• By law, it should be marked with a
© symbol (or the word copyright),
the year of the copyright, and the
owner of the copy-right.
• Beware: absence of the notice
does not necessarily mean that
the material is free to use.
Who Owns the Copyright?
• The composer or lyricist, or the
duly authorized agent (publisher)
to whom they have transferred
ownership.
How Long is the Copyright Good?
• Works created after 1 January, 1978 will
be protected for the life of the composer
plus 70 years.
• Works created prior to 1 January, 1978, if
renewed, will be protected for 95 years
from the date of copyright was originally
secured.
What is Fair Use?
What is Fair Use?
• Video: Students may use up to 10%
or three minutes, whichever is less, of
motion media.
• Music: Up to 10% of a copyrighted
musical composition may be
incorporated.*
• Internet: Publicly available material
may be downloaded for student
projects.
What Else is Fair Use?
• Printed Material: Students may
incorporate text.
• Illustrations/Photographs: Single
works may be used in their
entirety, but no more than five
images by a single artist or
photographer.
Fair Use Conditions
Fair Use Guidelines
• Must be for a non-profit educational
institution.
• For face-to-face instructional
purposes.*
• Used only in support of curricular
objectives.
• Was legally obtained by an approved
distributor.
Teachers and Copyright
• The copyright of the work must be noted on the copy.
• The copied work must meet the guidelines for brevity.
i.e. no more than 1,000 words or 10% of the work.
• You may not make copies that replace the purchase of a
work except in an emergency situation.
• You may not make multiple copies of a copyrighted
material more than 9 times a year.
• You may not copy the same material from year to year.
• When in doubt, get the copyright holder or publisher’s
permission.
• A program recorded for class use must be used within
45 days of recording.
Music in the Classroom
• Public performance is forbidden.
• Unless linked to curriculum.
• Then passes fair use test.
Consequences?
• The Recording Industry Assocation of
America (RIAA) and the Motion Picture
Association of America (MPAA) have
gotten serious.
• They are going after everyday citizens.
• 2,000 people have settled rather than go
to court.
• Average settlement: $3,600.
The Bottom Line
• An accepted notion is that students and
educators do receive special privilege, for
educational purposes, under the “Fair
Use” portion of the copyright Act of 1976 –
• However, exactly what is covered remains
unclear.
When in doubt, don’t
Bibliography
• http://users.mhc.edu/facultystaff/awalter/br
im%20site/index.html
• “Copyright: The United States Copyright
Law, A Guide for Church Musicians”,
Church Music Publishers Association.
• “Copyright and Fair Use”. Technology and
Learning – January 2005, pp. 30-31.
• “Right and Wrong”. Cable in the
Classroom – May, 2007, pp. 8-10.