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Copyright Topics
Copyright
as defined is
"the exclusive right to make copies, license, and
otherwise exploit a literary, musical, or artistic work,
whether printed, audio, video, etc.: works granted such
right by law on or after January 1, 1978, are protected
for the lifetime of the author or creator and for a
period of 50 years after his or her death"
Dictionary.com Unabridged (v 1.1)
Based on the Random House Unabridged Dictionary, ©
Random House, Inc. 2006.
Copyrighted work (yours as well as others) is something that
we should all want to thoroughly protect. Therefore, when we incorporate the
original work of others into our
teaching/learning, we need to do all we possibly can to
protect their rights and to give them credit for their
original work.
The following information is provided to
aid you in making decisions when using the content of
others. Although, as you will see in your reading,
the laws are not straightforward and are very open to
interpretation. Please use caution when posting
copyrighted material in your online offerings.
Fair Use:
Fair Use refers to "the conditions under
which you can use material that is
copyrighted by someone else without paying
royalties."
Modern Language
Association (MLA):]"fair use."
WordNet® 3.0. Princeton University.
20 Jun. 2007.
also:
"A use of copyrighted material that does not
constitute an infringement of the copyright provided the
use is fair and reasonable and does not substantially
impair the value of the work or the profits expected
from it by its owner; also : the privilege
of making a fair use of copyrighted work
NOTE: Among the factors determining if a use of a
copyrighted work is a fair use are these: the purpose of
the use, the character of the use (as in being
commercial or educational in nature), the nature of the
copyrighted work, and the amount of the work used."
Merriam-Webster's
Dictionary of Law.
Merriam-Webster, Inc. 20 Jun. 2007.
Fair Use in Education
had its first legal mention in 1976 when the previous
copyright laws were re-written. The phrase "for
educational purposes" has always been used to describe the free
teaching/learning use of
any copyrighted material. Please read
the following to get a better grasp of what this really means.
The State of Fair Use in
Academia Today
Welsley D. Blakeslee
The Johns Hopkins University,
2005
http://www.jhsph.edu/TechTransfer/Fac_Student_Pg/Blakeslee_PPP_Fair_Use.ppt
Fair Use in a Nutshell
A Roadmap to Copyright's Most Important Exception
by Attorney Lloyd J. Jassin
http://www.copylaw.com/new_articles/fairuse.html
The Conference on Fair Use
Report to the Commisioner on the Conclusion of the
First Phase of the Conference on Fair Use
September 1997
http://www.uspto.gov/web/offices/dcom/olia/confu/conclu1.html
Fair Use Guidelines
Indiana and Purdue Universities
http://www.copyright.iupui.edu/fu_overview.htm
Copyright in
Distance Education was addressed directly
in 2001 with
The Technology, Education, and
Copyright Harmonization Act (TEACH Act)
The Teach Toolkit
from the North Carolina State University Libraries
http://www.lib.ncsu.edu/scc/legislative/teachkit/
The TEACH Act Finally Becomes
Law
from the University of Texas System
http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm
The TEACH Act
Full
Text (.pdf)
If you have any questions with
copyright, fair use, or any other topics related to
these, please feel free to contact
snowden@ucc.edu or
call at 908-497-4364.
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