MEDIA CENTER

COPYRIGHT INFORMATION

This is an interpretation of some copyright laws and restrictions. You may refer to these guidelines for information only.

What is a copyright?

• A property right in an original work that is fixed in tangible form
• Copyright holders have the exclusive right to display and/or perform their works.
• Copyright lasts for life of the author plus 70 years
• Copyright done by corporation lasts 95 years
• Anything done before Jan. 1, 1923 is considered Public Domain

FAIR USE

• “Fair use” is the privilege of using or reproducing certain copyrighted materials in a reasonable manner without getting the copyright holder’s permission.
• Some factors to be considered when determining fair use:
  • The purpose of the use is for nonprofit educational use
  • The amount and substance of the portion used in relation to the work as a whole
  • The effect of the use upon the value or potential market of the work
  • The nature of the work

THE FOLLOWING ARE PROHIBITED:

• Copying without including a notice of copyright
• Copying shall not be used to create or replace collective works
• Copying to substitute for purchase of books, reprints, periodicals, or subscriptions
• Copying works intended to be ‘consumable’ in a course - this includes workbooks, test booklets, standardized tests, and answer sheets. Fair use never applies here – no exceptions

VISUAL AIDS

• Copyrighted materials may not be used when producing transparencies.

RECORDING FROM TV –BROADCAST PROGRAMS

• Broadcast programs (shown on TV to the general public, without charge) may be recorded and retained for a period of 45 calendar days. After the 45 days, all recordings must be erased or destroyed.
• Recordings need not be used in their entirety but may not be altered from original content.
• Recordings may not be combined or merged to constitute a compilation or anthology.
• All recordings must include the copyright notice on the program as recorded.

RECORDING FROM TV – CABLE PROGRAMS

• Reproduction rights are the exclusive right of the copyright holder

COMPUTER SOFTWARE

• The owner of a computer program may make a copy of that program if:
  • The copy is created in order to use the program in conjunction with the machine and in no other manner.
  • The new copy is for archival purposes only
  • Copies may not be leased, sold, or transferred without authorization of the copyright holder
• Illegal copies of copyrighted programs may not be made on, or used on equipment that is property of FCPS.

PAPER COPYING

• Copies may be made if the following are met:
  • Less than 250 words for a poem
  • Less than 2,500 words for an article, story, or essay
  • Up to 10% or 1,000 words, whichever is less, from text
  • Each copy must include a notice of copyright.
  • Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author, nor more than three from the same volume or collection in one class term
  • There shall be no more than nine instances of multiply copying for one course during one term.
• Periodicals
  • Current events are exempt from permission requirements
  • Suggested time for “Current” is three weeks
• Graphics
  • By taking a graphic (photo, painting, map, chart, diagram) and making changes, you usurp the creator’s right to determine how image will be used

MULTI-MEDIA (TERM LIMITS)

• Owning a CD gives you right to listen to the music – not convert it into another format, such as tape or computer disk
• Films, video, TV, music, lyrics – up to 10% but no more than 30 seconds from single program or work
• Illustrations, cartoons, photos
  • No more than 5 images from single artist or photographer
  • If a collective work – no more than 10% or 15 images
• Databases/spreadsheets – up to 10% or 2,500 fields
• Opening screen must contain notice that work contains copyrighted material that have been used under fair use and further use is prohibited
• http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm for additional information

INTERNET

• Fair use is a ONE TIME, short notice use. Subsequent uses require permission from copyright holder.
• Every person who publishes on the Internet owns the copyright to his/her creative work.
• All the copyright holder permits when displaying items on the Internet is allowing you to view the item.
• Showing a web document in class constitutes a public display of that page. Many pages have links for permission built into the page.
• Use of the Internet in class
  • Is the purpose educational?
  • What type of material is being used?
    • Facts can’t be copyrighted
    • Creative material is much more protected
  • How much of the material are you using?
  • What effect would your use have if everyone who has Internet access did the same thing you want to do?
    • Downloading a page, which could deprive the copyright holder of income.
• Electronic Mail
  • Author of the message owns the content of that message
  • Recipient may not make copies of message or distribute it without permission
• You can not copy a picture or image from a copyrighted site
  • Considered a derivative work
  • May not take something and change format to make yours
• To download images/pictures, you must use a “Free” site
  • You can’t mix Microsoft free clip art with that from another company to compile a new collection
  • When you accept Microsoft licensing, you give away fair use to mix MS with another company
• A copyright friendly sites: mpt.org/learningworks/teachers/present/tech

http://courses.unt.edu/csimpson/handouts/aasl2001.htm

• You can copy images/pictures/text from Public Domain sites
  • Check the site to make sure it says you can copy
• You might want to try going to Google and type: “Free Clip Art”
• Microsoft Office comes bundled with Clip Art

Bottom Line – YOU CAN COPY ANTHING WITH PERMISSION. IF YOU HAVE AN E-MAIL ADDRESS OF THE PERSON WHO CREATED THE SITE, “CAN I DO THIS WITH PERMISSION?”