Module+Seven+Copyright

Copyright and Fair Use for Educators
== A __//**copyright**//__ is a property right attached to an original work of art or literature. It grants the author or creator exclusive rights to reproduce, distribute, adapt, perform, or display the protected work. Other than someone to whom the author/creator has extended all or part of these rights, no one else may use, copy, or alter the work. Wrongful use of the material gives the copyright owner the right to seek and recover compensation in a court of law. A copyright gives the author or owner the right of control over all forms of reproduction, including photocopies, slides, recordings on cassettes and videotapes, compact disks, and other digital formats. ==

**Copyright law covers** **seven broad categories:**

 * 1) == **literary works** - both fiction and nonfiction, including books, periodicals, manuscripts, computer programs, manuals, phonorecords, film, audiotapes, and computer disks ==
 * 2) == **musical works** -- and accompanying words -- songs, operas, and musical plays ==
 * 3) == **dramatic works** -- including music - plays and dramatic readings ==
 * 4) == **pantomimed and choreographed works** ==
 * 5) == **pictorial, graphics, and sculptural works** -- final and applied arts, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models ==
 * 6) == **motion pictures** and **audiovisual works** - slide/tape, multimedia presentations, filmstrips, films, and videos ==
 * 7) == **sound recordings** and records - tapes, cassettes, and computer disks ([|Talab], 1986, p. 6). ==

**A copyrighted work may be used or copied under certain conditions**:

 * == **public domain** -- work belonging to the public as a whole--government documents and works, works with an expired copyright or no existing protection, and works published over 75 years ago; ==
 * == **permission** -- prior approval for the proposed use by the copyright owner; ==
 * == **legal exception** -- use constitutes an exemption to copyright protection--parody, for example; or ==
 * == **fair use** -- use for [|educational purposes] according to [|certain restrictions]. ==

Through the fair use provision, teachers have access to works far beyond classrooms or textbooks and thereby may expand and enrich learning opportunities for student learning.
 == //Fair use// explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Rather than listing exact limits of fair use, copyright law provides **four standards for determination of the fair use exemption**: == == None of these factors alone constitutes fair use. Even though materials may be copied for educational purposes, the other standards must be met. Unfortunately, these are not exactly crisp and clear guidelines. Nevertheless, //**ignorance of the law is no excuse**//. Teachers should consider the following: == > ** > == In one case, a teacher was held liable for copying 11 out of 24 pages in an instructional book when it was used in subsequent semesters without permission from the copyright holder ([|Washington State University], 1997). == > > > > =__Your Assignments__= >
 * 1) == : Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology. ==
 * 2) == **Nature of the work**: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable. ==
 * 3) == **Proportion/extent of the material used**: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use. ==
 * 4) == **The effect on marketability**: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use ([|Princeton University]). ==
 * == Penalties for copyright violation or infringement are harsh. Judgments can run up to $100,000 for each act of deliberate or willful infringement ([|University of Texas]). ==
 * == Many school districts and institutions have policies relating to reproduction of copyright materials. Disregard for established policies that reflect copyright law could mean that a teacher charged with copyright violation would receive no legal support from the employer-district. ==
 * 1) ===View all videos on this site and complete the short quiz.===
 * 2) ===Add a post to your blog describing your views on copyright and the use of digital media in the classroom===

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