Friday, October 17, 2008

More on Copyright and Fair Use

Here is some more information on copyright and fair use. Keep in mind that I am not a lawyer or copyright expert. You are responsible for your own actions.

Four Factors of that Determine if Something Falls Under Fair Use
  • The purpose and character of use
  • The nature of the work
  • The amount and sustainability of the portion used
  • The economic impact on the market value of the work

Just Remember
Simply giving credit to a source does not substitute for obtaining permission.
The work you are showing has to be legally acquired.

Showing Movies
If you are showing a movie in class, do not show the whole movie to your class because you do not have public performance rights. If it is for "face-to-face" instruction, you can show it. But, very rarely will you have to show the whole movie in class to convey the point you are trying to get across. Showing a movie as a reward for a class, is a big violation of copyright even though it is in a school. The phrase "for educational use" does not always shield us from copyright repercussions. If you think someone could construct an intelligent argument that proves that you did not need to show as much as you did, I would seek permission or cut back on the amount that you are showing.

Some Limitations
Time - you may use projects for up to two years after the 1st instructional use.
Portion - Text (up to 10% or 1000 words, whichever is less), Music(10% or 30 seconds, whichever is less), Video (10% or 3 minutes, whichever is less), Photos (No more that 5 images by an artist or photographer), Numarical Data Sets (10% or 2500 field entries or cells, whichever is less). these limits are cumulative. You can 10 second from the beginning of a song, 10 seconds from the middle, and 10 seconds from the end of a song, you have reached your limit. Also, if you use 30 seconds of a song, you cannot loop it. If you use the same portion of a song and loop it 3 time within a PhotoStory project, you are breaking copyright because your total use is not 90 seconds for that particular song.
Copying - You may have no more that 2 copies - only one for reserve. Additional copies can be made for preservation purposes but may only be used to replace the original if it is lost, damaged, or stolen.

Intellectural Property Curriculum
http://ipreducation.com/curriculum.html

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