Copyright & Fair Use

Barbara McLeodCrisp County High School

Educators, without regard to or knowledge of copyright restrictions, sometimes duplicate materials illegally or load software without license. Such copying, seemingly convenient and unnoticeable, is, in fact, stealing . . .

CopyrightIs a protection that covers published and

unpublished literary, scientific and artistic works, whatever the form of expressions, provided such works are fixed in a tangible or material form.

Grants the author or creator exclusive rights to reproduce, distribute, adapt, perform, or display the protected work.

Gives the owner the right of control over all forms of reproduction.

Prior to 1978 Had to apply for copyright with the

U.S. Copyright Office Rights lasts 75 years from time of

publication or renewal

Since 1978 Do not have to apply for a copyright Protection from the moment the

work takes tangible form even without attaching a copyright notice

Qualifying for Copyright Protection

The work must be Original Creative to a minimal degree In a fixed or tangible form of

expression

Copyright Categories Literary works Musical works Dramatic works Pantomimed & choreographed works Pictorial, graphics, & sculptural works Motion pictures & audiovisual works Sound recordings

Conditions to be copied Public domain Permission Legal exception Fair Use

Public Domain

Is a creative work that is not protected by copyright and which may be freely used by everyone.

Examples: Government documents Works with expired copyright Works with no copyright protection Works published over 75 years ago

Permission

Prior approval from copyright owner Preferably in writing

Legal Exception Use constitutes an exemption to

copyright protection Examples:

Parody Caricature Takeoff

Fair Use The utilization of a portion of a

copyrighted work “as is” for purposes of parody, news reporting, research and education without the permission of the author

Determination of Fair Use The purpose and character of the use

Made spontaneously Used temporarily Not a part of an anthology

The nature of the copyrighted work The amount and substantiality used in relation to

the copyrighted work as a whole The effect of the use upon the potential market

for or value of the copyrighted work Does not reduce sales Copier does not financially benefit Not used for a commercial nature

Ignorance of the Law isNO Excuse

Credit Information taken from “A Teacher’s

Guide to Fair Use and Copyright-Modeling Honesty & Resourcefulness” by Cathy Newsome