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Copyright

What is Copyright?

A set of legal rights given to authors to protect their original, creative expression. These rights give the owner exclusive authority to, and authorize others to:

  • reproduce the work in copies
  • adapt the work
  • distribute the work to the public
  • perform the work publicly
  • display the work publicly

How is a Copyright Obtained?

Protection exists immediately, from the moment the work is created in a fixed form.
Copyright Notice is no longer a requirement to obtaining a Federal copyright. You do not need to publish, register, or perform any other action in the Copyright Office.

What is covered?

Original works that are fixed in a tangible form of expression, including:

  • Literary works
  • Musical works - including accompanying songs
  • Dramatic works including accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other Audiovisual works
  • Sound recordings
  • Architectural works

What can I copy without permission?

  • Works that have entered public domain
  • US Government Publications
  • Copyrighted materials that fall under the guidelines of Fair Use

What is Fair Use?

Teachers may reproduce copyrighted materials for classroom use and for research without permission and without paying royalties.

  • copying of works not considered an infringement of Copyright protection.
  • reproduction are for purposes of criticism, comment, news reporting, teaching, scholarship, or research

Factors of Fair Use - 4 Aspects

To qualify, these factors must be taken into consideration:

  • the character of the use - nonprofit, educational
  • the nature of the work - factual
  • the quantity of the work to be used - small amount
  • the effect on the market - loss of potential revenue

Guidelines for Classroom Use

Multiple copies can be made for one event, with one copy per pupil, for one course under the following conditions:

  • Copying meets the test of brevity and spontaneity
  • Copying meets the test of cumulative effect
  • Each copy includes notice of copyright

Brevity

As defined in the dictionary: a short and concise expression.

  • a complete poem if less than 250 words and fits on 2 pages
  • an excerpt from a long poem, not to exceed 250 words
  • a complete article, story or essay fewer than 2500 words
  • an excerpt from a larger work not to exceed 10% of the whole or 1000 words, whichever is less
  • One chart, graph, diagram, cartoon or picture per book or per issue of a periodical

Spontaneity

As defined in the dictionary: arising from a momentary impulse.

  • The copying is at the instance and inspiration of the individual teacher
  • The decision to use the work does not allow time to request permission 

Cumulative Effect

Something made up of accumulated parts.

  • The material copied is for only one course
  • Only 1 short poem, article, story or essay or 2 excerpts from the same author, or 3 from the same collective work or periodical
  • Up to 9 instances of multiple copying for one course during one class term

Notice

Copies must display reference to the original owner, including:

  • Authors name
  • Title
  • Date
  • Source

For a complete listing of the proper formatting when providing a citation, please use this reference.

Prohibitions

  • consumable materials such as workbooks, exercises, standardized tests, test booklets, answer sheets, etc.
  • copying used to create, replace or substitute for anthologies, compilations or collective works
  • copying to substitute for the purchase of books, reprints or periodicals
  • copying cannot be repeated by the same teacher from term to term
  • cannot be charged beyond the cost of photocopying

Copyright Infringement & Penalties

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750.00 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For detail, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five (5) years and fines up to $250,000 per offense.

Where can I go for more information on copyright?
Start with the U.S. Copyright Office in the Library of Congress. They have more information on Fair Use, as well as information on the reproduction of copyrighted works by educators and librarians.

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