Copyright Law: What Music Teachers Need to Know By Ken Schlager Intellectual property has emerged from the legal backwater to become major news, with frequent high-profile cases of individuals and companies being prosecuted for the illegal use and distribution of copyrighted material. While teachers enjoy many exemptions under copyright law, the classroom does not shelter all uses. The principle of copyright protection in the United States can be traced back to the Constitution. Here’s the bottom line: Before using any printed or prerecorded material in the classroom or for any type of school performance, educators must evaluate whether the use falls under one of the Copyright Act’s specific exemptions or those described in the voluntary guidelines. Deciphering ‘Fair Use’ For teachers, a key problem is deciphering the exceptions provided for them under the Copyright Act’s “fair use” provision. Ask For Permission In situations where a desired educational use falls outside of the available exemptions, teachers must request permission.
Copyright for teachers Copyright: Definition According to the U.S. Copyright Office, copyright is "a form of protection grounded in the U.S. - Reproduction: Making copies - Adaptation: Changing a work in some way - Distribution: Giving the work to others - Public Performance: Playing/performing a work in front of others - Public Display:Displaying a work for others to view - Digital Transmission of Sound Recordings: Capturing audio files on the internet and burning CDs/file sharing Items in public domain An item is in public domain when it is no longer protected by copyright because of the age of the work (created before January 21, 1923), or it did not meet copyright requirements to begin with. What does copyright protect? What cannot be copyrighted? - Ideas or facts in the public domain. - Words, names, slogans, or other short phrases - Government works or works created by federal government employees as part of their official responsibility. Copyright Related Resources for Teachers
Copyright and Primary Sources How do I use the Restriction Statements that accompany the American Memory collections? The Library of Congress assesses materials for legal considerations prior to placing items online (see legal assessment). The Restriction Statement that accompanies each American Memory collection provides known information regarding ownership of materials in the collection. If known, we include contacts for permission. In some cases the Restriction Statement will indicate that material in a particular collection may be used freely; in other cases the Restriction Statement may only be a starting point for your inquiry. What is copyright? If there is no copyright notice, does that mean there is no copyright? When can I assume that there is no copyright protection for a work? Top Does copyright give the owner an absolute monopoly? In general, copyrights last for the life of the author, plus 70 years. Where can I go for more information on copyright? Fair Use What is "fair use"? Classroom Examples
Exceptions & Limitations: Classroom Use, Fair Use, and more | University of Minnesota Libraries If copyright gave creators the ability to completely control all uses of their works, creativity and culture would soon grind to a halt. No work is created in a vacuum; all new works build on, are influenced by, and make reference to works that have gone before. Moreover, since copyright has some fundamental public interest purposes, it's important that the public be able to do some kinds of things with all works. Copyright law places a high value on educational uses. The Classroom Use Exemption (17 U.S.C. §110(1)) only applies in very limited situations, but where it does apply, it gives some pretty clear rights. Obama in class CC by-nc Gilkata In-class viewing is a public performance, but it's permitted under the Classroom Use Exemption To qualify for this exemption, you must: be in a classroom ("or similar place devoted to instruction"). If (and only if!) The Classroom Use Exemption does not apply outside the nonprofit, in-person, classroom teaching environment!
Copyright Law: 12 Dos and Don’ts By Daniel Scocco - 2 minute read As the blogging phenomenon expands, copyright concerns become quite important. Technology makes it really easy to copy, modify and share information, whether we talk about text, images, audio or video. The problem is that the vast majority of people do not have a clear understanding of the Copyright Law, which might result in illegal and costly mistakes. Below you will find 12 Do’s and Dont’s that will clarify what you can and what you can not do as an online publisher: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. This article was not written by a lawyer and it does not intend to constitute legal advice. Recommended Articles for You 183 Responses to “Copyright Law: 12 Dos and Don’ts” Orcuson April 01, 2011 8:27 pm Actually, no. Comments are closed.
Copyright for Students The Definitive Guide to Copyright: What Are the Rules of Copyright? - WhoIsHostingThis.com Sharing is caring! This resource is very long and detailed — the menu on the right will help you navigate it. But one of the most popular sections of this article is the one on copyright for Game Designers. Copyright is a topic with a lot of misconceptions and urban legends surrounding it. This makes it both simple and complicated to understand at the same time. Introduction: What Is Copyright? This article will deal with all of those in subsequent sections, but for now let’s focus on what copyright is fundamentally. Copyright is the legal and exclusive right to copy, or permit to be copied, some specific work of art.If you own the copyright on something, someone else cannot make a copy of it without your permission.Copyright usually originates with the creator of a work, but can be sold, traded, or inherited by others. Why you should care If you run a website you may have to deal with copyright law and related issues from two different sides: as a producer and as a consumer. This Article
Copyright Tools | Advocacy, Legislation & Issues Copyright tools can help libraries and others to be more comfortable with their work to interpret the limitations and exceptions to the exclusive rights granted to the copyright holder under U.S. Copyright law. By exercising these valuable exceptions, we strengthen copyright’s primary purpose "to promote the progress of science and useful arts." Over the past several years, ALA has developed tools to educate libraries, librarians, and others about copyright. These tools – the Public Domain Slider, the Section 108 Spinner, the Fair Use Evaluator, and the Exceptions for Instructors eTool – are all available online for anyone to use. Public Domain Slider The Public Domain Slider is a tool to help determine the copyright status of a work that is first published in the U.S. Section 108 Spinner This simple tool can help you determine whether or not a particular reproduction is covered by this exemption. Exceptions for Instructors eTool Tool Modification
Fair Use in a Nutshell Fair Use in a Nutshell: A Practical Guide to Fair Use By Attorney Lloyd J. “Words must be weighed not counted.” -- Old Yiddish proverb Unfortunately, many creative projects are stillborn or abandoned, because the author, or the author's producer or publisher partner, was intimidated by the subject of “fair use.” The Basics Fair use allows scholars, researchers and others to borrow or use small portions of in-copyright works for socially productive purposes without seeking permission. While invaluable to both the scholar and the pitchman, it should be noted that fair use is not a right but a defense to copyright infringement. When Do I Need to Ask Permission? If your work contains "borrowed" material, and you have not obtained permission from the owner of the work, it can only be used if: (i) the material is in the "public domain" (i.e. out of copyright); (ii) the material is immune from copyright protection; or (iii) the proposed use is a "fair use." Copyright Safe Havens
Copyright with Cyberbee Click to View Interactive Copyright Questions and Answers Flash Version Click to View Interactive Copyright Questions and Answers Non-Flash Version Everything on the Net is public domain. Right? For basic copyright information, current legislation, and international agreements go to the United States Copyright Office. Read about copyright by visiting the sites below and answer these questions. 10 Big Myths About Copyright Explained Copyright Web site Fair Use Guidelines for Educational Media U. Copyright Lesson Copyright Lesson Plan by Laura Keamming Laura Kaemming, a teacher from Toledo, Ohio, created a wonderful lesson about copyright. To obtain a copy of the article Music as Intellectual Property – . CNN: Other Songs that Have "Blurred Lines' No portion of this document may be used for reprint in a commercial publication without the written permission of the author.