Copyright Law and Education Flashcards
Copyright Act of 1976
Established guidelines for the use of copyrighted material in a reasonable manner without the owner’s consent.
Define Copyright.
property right by the author, fixed in a tangible medium of giving the author exclusive rights to reproduce, adapt, distribute or display
- books, music, art, photos, films…
- Board has the authority to secure copyrights.
Define Copyright Notice.
Necessary notice placed on authors produced work. Provides protection and security.
FUD - Fair Use Doctrine
A reasonable and limited use of a copyrighted work without the author’s permission.
Define Public Domain.
Public ownership of writings, documents or publications that are not protected by copyright or in which the copyright has expired.
What gives teachers permission to copy?
Fair Use Doctrine (FUD): the law recognizes the balance between the author’s right to control the work and society’s need to use that work.
What is the 4 prong test to determine if FUD can be used by the educator?
PEAN
- Purpose of the use (education, nonprofit)
- Economic Value - effect on market & value
- Article - portion length (90/10)
- Nature of the copyrighted work - textbook - no!
A single copy may be made by a teacher for educational purposes based on what 4 criteria?
- Chapter from a book, essay or poem
- Article from a periodical or newspaper
- A chart, graph or diagram from a book or periodical.
- Multiple copies - 1 per student if 3 tests are met.
What are the 3 tests that must be met for making student copies?
- Brevity: not more than 10% of the work.
- Spontaneity: did not have time to request permission to use the material (song)
- Commutative effect: only for one course and limited to one class term.
If FUD violations occur the result may be?
District and Personal Liability
What are the clear prohibitions for copyright liability?
- no copying consumable works. (standard answer sheets.
2. no copying to avoid purchasing the book.
