This Weeks' Topic
Copyright Fair Use

What are some common myths about copyrights?
There are a lot of misconceptions about copyright law.  For example:

  • A work is not instantly protected. The author or creator of a work has to officially register a copyright in order for a work to be protected by copyright law.
  • Merely giving credit to the original author of a work does not get you off the hook for copyright liability.
  • Just because you are not going to make a profit off of the copied material doesn’t mean you didn’t break the law.

 

What is the consequence of a copyright violation?  How serious is it to violate copyright laws 

Copyright violations can lead to hefty fines - up to $100,000 per violation in some cases.

Ignorance of the law is not a defense.

What are the ways that a copyrighted work can be used legally?

There are certain circumstances when it is ok to use copyrighted materials. For example, for academic and educational purposes, as evidence in  court, libraries can reproduce portions of copyrighted works to replace or restore damaged items.

If a copyrighted work is included incidentally, it is not a violation. For example, a live news newscast from a mall that has copyrighted music playing in the background is not a violation.

What about educational purposes? Are teachers and students free to use copyrighted materials as much as they want?

There are four guidelines and restrictions on the “fair use” of educational material. 

  • Must be for a non profit purpose. So if a teacher were to make photocopies of an article, she can’t charge more than her actual cost.
  • Consider the nature of the work being copied. – a tv program is treated differently from a poem or a  book.
  • Limitation on use. Use only the minimum amount necessary to achieve your educational goals. This is a very fuzzy area, but a rule of thumb is ten percent.
  • The final and most important element is the cumulative effect on the market value of the original work. You can’t copy off a chapter in a book to save students the cost of buying the book, since that would reduce book sales for the author of the book.

You can have good intentions, but violate the law. So it is important to understand copyright law.


Disclaimer
This information is general and may or may not apply to your situation. The information contained on this web site is not to be considered as legal advice. Since no two cases are identical, we recommend that you contact an attorney in your jurisdiction to discuss the specific facts of your case. Furthermore, since statutes and case law change so frequently and due to information provided by other sources, we make no warranty or guarantee concerning the accuracy of the content of this or any other web sites to which we link.


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