Copyright Notes

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"Better Today Than Yesterday"

Student Copyright Notes

Protection is provided for original works, fixed in tangible mediums. It’s not necessary to register the work. The author has copyright as soon as the author has started the work.

A work must be original but, in no large measure of novelty.

Facts are not copyrightable.

The copyright owner has five basic rights:

1. Reproduce the work

2. Prepare the work

3. Perform the work

4. Display the work

5. Distribute the work

Fair Use

Fair use is a part of copyright law.

Four factors determine (all four factors must be met) fair use:

1. Purpose and character of use

2. Nature of copyrighted work

3. The amount and substantiality of the use

4. The effect of the use on the nature of the copyrighted work.

Under copyright law, copying a large amount of work is allowed.

Books and Periodicals

There may be instances in which copying does not fall within the guide lines for critical fair use.

Educators may make Single copies of a chapter of a book, an article from a periodical, essay, etc.

For multiple copying, it needs to meet three criteria at the same time:

1. Gravity

2. Spontaneity

3. Accumulative affect

For small stories and other special works, only use excerpts

You can’t copy:

1. To substitute for purchase.

2. Workbooks.

3. If directed by higher a person.

4. If charges to students are in excess of cost of the coping.

Guide Lines for Video Taping

Off-the-air recording - by non-profit educational:

Videotapes may be kept for only 45 days.

Videotapes may be shown only during the first 10 days at school.

After the first 10 days, the recording may be used only for evaluation.

Videotapes may not be edited/combined to form a new work.

All copies must contain notice of who holds the copyright.

Public Broadcast Programs

Educators can videotape programs under these conditions:

1. Recordings may be made by students and teachers in an accredited, non-profit, education institution.

2. Recordings may be used only for instruction in the school.

3. Recording may not be shared outside the school.

4. Recordings must be erased after seven days.

Audio Visual Work

You may use copied Audio Visual materials when:

1. It is shown as part of the instructional programs.

2. It is shown by students, teachers, or guest speakers.

3. It must be shown on campus.

4. A copyright notice must be included.

You may not use copied Audio Visual materials when:

1. Entertainment.

2. Transmitted by radio or television from an outside location.

3. Shown to an audience other than students or teachers.

4. May not use an illegally acquired copy.

Guidelines for copying music

Emergency copying is allowed only If the purchased copies are not available

Single of multiple copies or excerpts may be made if:

1. The copy represents less than 10 percent of whole work.

2. Purchased music may be edited if the fundamental character of the work is not deteriorated.

3. A single recording may be made for exercises or tests and must be retained by the school.

You can not copy to avoid purchase.

Computer Software

You can make an archival or back up copy of a software program that you own.

The back up copy is to be used only if the original fails.

You can not:

1. Make multiple back up copies.

2. Make one for school and one for home.

3. Make a copy for a friend.

4. Transmit through a network outside a school building

Computer Labs

Under the law, educators are allowed to make one back up copy and, this copy can not be used at the same time the original is being used.

You can not make several copies of one program for student’s use in a lab. If you load one program into several computers, to be used at the same time, you are making illegal copies.

You may load into one computer, use it, turn off the computer, load into another computer, use it, turn off the computer, etc.

The key is simultaneous use.

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