Copyright Laws For Teachers & Students

1. Copyright Laws For Teachers & Students By: Terri Hall

2. What is the Copyright Law? • The Copyright Law (U.S. Code, Title 17) was established to balance the rights of authors, composers, performers and other owners of intellectual property, with the rights of users. Many scholarly and pedagogical uses of music materials are legitimate and vital to preserve and foster creativity and to ensure transmission of cultural heritage in the United States, thus fulfilling this stated need for balance.

3. The exclusive rights which Congress grants under the copyright are: • 1. To reproduce a work • 2. To prepare derivative works • 3. To sell, rent, lease, lend, or otherwise distribute the work • 4. To perform the work publicly • 5. To display the work publicly, and • 6. To publicly perform a work on a sound recording via digitaltransmission • These exclusive rights are cumulative and may overlap. The exclusive right to perform a work publicly is limited to "literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works," (17 USC 106(4)) and to sound recordings in the case of digital audio transmissions (17 USC 106(6)). • The U.S. copyright law is contained in the U.S. Code, Title 17. Section 106 lists the exclusive rights, while sections 107-122 cover limitations in the scope of copyright.

4. What is Fair Use? • Section 107 of the Copyright Law allows for the "fair use" of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Additional guidelines (H.R. Rep. No. 94-1476, and The United States Copyright Law: A Guide for Music Educators) permit multiple copies for classroom use under certain circumstances.

5. Four Factors of Fair Use: • Purpose & Character • Nature of Work • Amount • Market Effect

6. Character & Purpose Balance Favors Permission Commercial Entertainment For Profit Favors Fair Use Non-Profit Educational Personal Deciding Factors Teaching Research Scholarship Criticism Commentary News Reporting

7. Nature of Work Favors Permission Favors Fair Use

8. Amount Small Amount Used Insignificant to Work Large Amount Used Heart of the Work

9. Marketing Effect

10. What is Copyright Infringement? • Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur. • The copyright holder must have a valid copyright. • The person who is allegedly infringing must have access tothe copyrighted work. • 3. The duplication of the copyrighted work must be outside the exceptions.

11. Consequences of Infringement: • Pay the dollar amount of damages and profits. • Pay all attorneys fees and court costs. • The Court can issue an injunction to stop the infringing acts. • The Court can impound the illegal works. • You will fail your class and/or be kicked out ofschool. • You can go to jail!

12. Avoid Infringement By: • Rewriting material in your own words. • Document sources accurately. • Ask for permission when necessary. • Remember the different types of Fair Use. • Do not make a profit from another person’s work.

13. Rules For Text and Audio For Teachers & Students • Text • Up to 10% of a copyrighted work or 1000 words, whichever is less • Poems • Entire poem if less than 250 words • 250 words or less if longer poem • No more than 5 poems (or excerpts) of different poets, from an anthology • Only 3 poems (or excerpts) per poet Audio Up to 10% or 30 seconds (which ever is less) for music. An exception would be if the song is around 300 years old or after published before Jan. 1923.

14. Rules for Multimedia for Teachers & Students • Educators and students must give completebibliographic information when available. • Educators and students must makethe copyright notice and copyright ownership information visible if possible. • Copyright information for picturescanbe shown in a separate bibliographic section unless the presentation is for an online class. In this case, the information must be shown on the screen with the image.

15. How to Get Permission? • You must get written permission from the owner of the work or from their agent. • The United States Copyright Office can then issue you a registration certificate for $35. • If you know the owner personally, you can just ask for their permission. • http://www.copyright.gov