Tara Whittington Why do we have copyrights Copyrights are used to encourage citizens to continue to create things It protects their creations in limited ways using laws It is also used that so society has access to the creations of other people so that they can be used to promote culture and m ID: 249162
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Slide1
Copyright Presentation
Tara WhittingtonSlide2
Why do we have copyrights?
Copyrights are used to encourage citizens to continue to create things
It protects their creations in limited ways using laws
It is also used that so society has access to the creations of other people so that they can be used to promote culture and more creations Slide3
How long does a copyright last?
Currently that copyright of a creation is in effect for 70 years after the death of the creator
That can be an extraordinary amount of time for someone to not be able to use a copyrighted work
Depending on how old someone was when they created a work and how long they live, the copyright could be in effect for 70 to 150 years!!
Fortunately there is a concept called “Fair Use” that makes using works easier than waiting 150 yearsSlide4
What is “Fair Use?”
The ability to use someone else’s work in the creation of a new work
Falls under freedom of speech and the 1
st
amendment
The creator of the work does not have 100% control of how their work is used
There is not a set limit on the number of words, minutes of a film, seconds of a song that can be used under “Fair Use” but it does have to reach certain criteriaSlide5
Factors for “Fair Use”
Section 107 of the
C
opyright Act provides 4 factors to be considered with “Fair Use”
1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
2) The nature of the copyrighted work
3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4) The effect of the use upon the potential market for or value of the copyrighted work. Slide6
1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
The courts tend to favor nonprofit/educational use of copyrighted material over commercial use that results in some profit.
The court also favors the use of copyrighted materials that results in new creations and isn’t simply just using the material in order to reproduce it outside of copyright laws. Slide7
2) The nature of the copyrighted work
This part deals with the copyrighted work that is being used.
The courts tend to favor the use of certain types of works over others.
Using a clip of a work such as a video to enhance your work would be viewed more favorably than using an entire work within your work.
Some items are not covered under the “Fair Use” clause such as copyrighted works that are meant to be consumable, like workbooks. Slide8
3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
This part deals with the amount of the copyrighted material that is used in comparison to the new overall work.
The law will look if the amount that is used is enough to enhance the new work or considered to be more than enough of the original work.
When it come to this part of the law, the lesser the amount of copyrighted work used the better. Slide9
4) The effect of the use upon the potential market for or value of the copyrighted work.
This part looks at the economic impact of the use of copyrighted materials to the original copyright holder
If it appears that the owner of the copyrighted work being used would suffer economic losses from the use even if in the future, the courts tend to support the original copyright holder. Slide10
Scenario 1
A teacher wants to show a clip of a movie that relates to the class discussion for today. She is not planning on showing the entire movie and will only use the clip that relates to today’s topic. The teacher legally purchased the copy of the movie that is to be used for the clip. Can you use this under the “Fair Use” portion of the copyright law? Slide11
Answer to Scenario 1
Yes, it is being used for nonprofit purposes and she is not showing the entire movie while trying to collect money for admissions. She is not directly impacting the economic earnings of the original copyright holder. Slide12
Scenario 2
A teacher buys a copy of a workbook with problems in it for students to complete. The school tells her that they do not have enough money to buy a copy for every student to use in the classroom. The teacher makes a copy of the pages from the workbook so her students can use the material. Is this covered under “fair use?”Slide13
Answer to Scenario 2
No. The “Fair Use” portion of the copyright law specifically mentions that consumable materials are not permitted to be used under “Fair Use” even if it is for non-profit/educational purposes. Slide14
Scenario 3
A teacher uses a worksheet generator to generate problems for worksheets that she uses in class. Other teachers love her worksheets so much they tell her she should start selling her materials on “teacher pay teachers.” Is this prohibited under the copyright law? Slide15
Answer to Scenario 3
Yes, this is prohibited behavior and does not fall under “Fair Use.” The teacher is directly impacting the economic earnings of the original copyrighted work by using that work to make a new work and sell for profit. Remember that the “Fair Use” portion of the copyright law tends to favor non-profit over commercial use.