Question | Answer |
Copyright | is a property right attached to an original work of art or literature. |
copyright laws do not extend to | facts or ideas |
to qualify for copyright protection, the work must be 3 things | original, creative, in a fixed or tangible form of expression |
copyright law covers 7 broad categories which are | literary works, musical works, dramatic works, pantomimed and choreographed works, pictorial graphics and sculptural works, motion pictures, sound recordings |
a copyright law may be used or copied under certain conditions (4) | public domain, permission, legal exception, fair use |
four standards for determination of the fair use exemption | purpose of use, nature of the work, proportion of the material used, the effect of the marketability |
describe purpose of use guideline | copying and using selected parts for specific educational purposes is ok |
describe nature of the work guideline | for copying paragraph ok, whole chapter is questionable |
proportion/extent of the material use guideline | duplicating excepts that are short in relation to the entire work ok or segments that do not reflect the "essence" of the work |
the effect on the marketability | no reduction in sales |
3 questions a teacher should consider before using copyrighted material | will the expression by the author be used, is the expression protected by copyright, will the use go beyond fair use |
rules for copying chapter in a book | single copy for teacher
one per student per class if material is short, spontaneous action, in compliance with cumulative effect test, copyright notice and attribution required |
rules for newspaper article, short story, essay, web article | single copy for teacher
one per student per class if material is short, spontaneous action, in compliance with cumulative effect test, copyright notice and attribution required,complet work less than 2,500 words and excerpts up to 1,000 words or 10% of w |
rules for poems | single copy for teacher
one per student per class if material is short, spontaneous action, in compliance with cumulative effect test, copyright notice and attribution required, multiple copies of complete poem up to 250 words, no more than 2 printed pag |
rules for artwork or graphic image | same as others, no more than 5 images, and not more than 10% or 15% of images from published collective work, whichever is less |
rules for motion media | single copy up to 3 minutes or 10% of the whole, whichever is less, spontaneity required |
music | single copy of up to 10% of a musical composition |
broadcast programs | single copy and can only be used for first 45 calendar days after recording date, use by only individual teacher |