Paola Pflucker EDUC 5306 Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed.
Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail. Copyright infringement is the act of violating any of a copyright owners exclusive rights by the federal Copyright Act. There are three elements that must be in place in order for the infringement to take place 1.
The copyright holder must have a valid copyright. The person who is allegedly infringing must have access to the copyrighted work. The duplication of the copyrighted work must be outside the exceptions. 2. 3. There are three major exceptions to the copyright law that are commonly used by educators: 1.Fair Use 2. Face-Face Instruction
3.Virtual Instruction Fair use is a copyright principle that allows the public to freely use portions of copyrighted materials for purposes of commentary and criticism. Authors and critics are involved.
Purpose and character of use. The nature of copyrighted work. The amount and substantiality of the portion taken . The effect of the use upon the potential market.
Sources must be credited by students and teachers ( give bibliographic information). Copyright notice and copyright ownership information must be provided by teachers and students when available. Copyright information for images must be incorporated.
Up to 10% of a copyrighted work or 1000 words, whichever is less Poems Entire poem if less than 250 words 250 words or less if longer poem No more than 5 poems (or excerpts) of different poets, from an anthology Only 3 poems (or excerpts) per poet
Up to 10% of a copyrighted musical composition, but no more than 30 seconds Up to 10% of a body of sound recording, but no more than 30 seconds Any alterations cannot change the basic melody or the fundamental
character of the work The Motion Picture License created by the Copyright Clearance Center, in partnership with the Motion Picture Licensing Corporation (MPLC) was intended to reduce the risk of unintended copyright infringement when using full length movies and television programs for enhancing purposes of any activity provided by any organizations. All of the following condition must be met:
Performance or display of a copyrighted work occurs in a non-profit educational institution; The performance or display of the copyrighted material occurs in the course of face-to-face teaching activities; The performance or display of a work is by instructors or pupils in the course ; The film/audiovisual material is related to the course; The copyrighted work is performed or displayed in a classroom or other designated teaching space; and In the case of an audiovisual work, the performance or display of individual images is given by a means of a copy that is lawfully made (e.g., purchased, rented, or borrowed from the library)
It is a 5 step process: 1. Determine if permission is needed. 2. Identify the owner. 3. Identify the rights needed. 4. Contact the owner and negotiate whether payment is required. 5. Get your permission agreement in writing. 1. 2. 3.
4. 5. Assume its protected- Assume that all work is protected. Read click-wrap agreements- Read the agreements to make sure the intended use is permitted. Remove unauthorized material- Remove unauthorized material that may be offending. Investigate claims properly- Investigate the issue quickly and seek evidence of copyright
ownership. When in doubt seek permission- Always seek written permission.
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