copyright by: emily adell. fair use the four factors to determine fairness: 1) the purpose and...

CopyrightBy: Emily Adell

Fair UseThe Four Factors to Determine Fairness:

1) The purpose and character of the use

2) The nature of the copyrighted work

3) The amount used compared to the whole

4) The effect of the use among the potential market.

Conditions for Fair Use

This use is deemed acceptable under the terms of fair dealing

The quoted material is justified and no more than necessary is included

The source of quoted material is mentioned along with the name of the author

Multimedia Fair Use

Students and teachers may use other works when it comes to multimedia Can combine into their own Can display and perform the work

This can be done for

-class assignments

-Curriculum materials

-remote instruction

-examinations

-student portfolios

-professional symposia

Use of Others Work

Words: 10% or 1,000 words whichever is less.

Musical Score: 10% or 30 seconds

Penalty for Copyright Infringement

Two forms of Copyright Infringement: Civil Penalty Criminal Penalty

Civil Penalty

Actual losses sustained by the copyright owner as a result of infringement.

Copyright owner can obtain damages above and beyond actual damages with attorney fees in a copyright infringement

Criminal Penalty

Not very common

People charged with wholesale pirating (reproducing copyright materials) such as CD’s and DVD’s on a large commercial scale.

If convicted you could face up to five years in prison or a $250,000 fine.

Film in the Classroom

Teachers are protected by Section 110(1) of Title 17 of the United States Code So long as:

The film is presented by a teacher, substitute, or used by student

Must be public school or non-profit education Must be in classroom or other educational

environment

Music

Using music is legal but be sure to: Limit the use Cite the piece Only keep on class copy Only for educational use

Recording Guidelines

Things to do so you don’t infringe: Ask the school if you can record and use it Recording can be shown only 10 days after it

was made only in a classroom or educational environment

Recording may not be altered Only programs broadcast to the general

public may be recorded

Posting Items to a Website

On the net/www you must link rather than put it up on your own page.

You May Need Permission

The Copyright Clearance Center (CCC) is a way to gain permission to use other people’s work.

You can gain a license or create a copyright policy.