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What You Must Know About Fair Use

What You Must Know About Fair Use

There are certain uses of copyrighted material that are legal. The uses of these exceptions are known as fair use. Reproduction of copyrighted material is legal if it is for the purpose of criticism, comment, education, research, scholarship, or news reporting. 
Teaching allows for multiple copies to be made for classroom use. However, these are not automatically considered fair use. There are certain guidelines that must be met for a use to be considered fair under copyright law:
A use must not be for commercial gain. Educational usage must be not for profit. The nature of the copyrighted work comes into play. An author that intends to write an educational English practice book intends on profiting on school and students purchasing the copyrighted material. 
While some may view a teacher making copies of this practice book as fair use, it directly impedes an author from profiting off their targeted demographic. It is only considered fair use if a small sample of each chapter is used so everyone is not benefiting off illegal copies for free of the entire practice book. 
The amount of copyrighted material used must also fit guidelines. Once again, an entire book cannot be copied for each student to use. Also, a book critic may not publish an entire book in a newspaper or a movie critic may not play an entire movie on their review show. This directly takes profit away from a creator. Fair use copyright may not have an ill effect on the market value of a piece of original work.
An unpublished work is held to the same fair use copyright laws as published works. If the unpublished work is placed on a tangible medium, ownership is claimed and it may not be used beyond the restrictions set in place by fair use copyright laws.

Uncover the Facts of Reproduction by Libraries and Archives

Uncover the Facts of Reproduction by Libraries and Archives

It is not considered to be
copyright infringement
 for a library or archive to
make one copy of a phonorecord. Protection extends down to the library or
archive’s employees. The reproduction of the phonorecord must not be for
commercial gain, directly or indirectly. To not infringe on copyright rights of
a creator, a library or archive that creates a copy of a work must open that
work to the public as well as anyone performing research in a field related to
the copied work. A notice that the work is copyrighted must be included on the
original and the copy of the work. The copy must clearly state that the work is
copyrighted and may not be illegally used or copied for financial gain.

Phonorecords may be copied no more than three times by a library
or archive for preservation purposes. To not impede any copyright rights, the
copied material must have already been in the collection of the library or
archive. Any phonorecord that is reproduced in digital format cannot be
distributed outside of the library in that format. The public is not allowed
access to the coped digital recording outside the library.

If the original phonorecord is
lost, damaged, or stolen the library must attempt to purchase another original
copy. This is to ensure the creator is receiving their exclusive rights of
ownership. An exception may be made if an original copy cannot be obtained at a
reasonable price. The copies made into digital format cannot exist outside of
the library.

No library employee shall be subject to copyright infringement if
they are using machines that are capable of making copies as long as they are
following copyright laws and the machines they use clearly show the material
copied is copyright protected and the exclusive rights belong to the creator.
Any use of a copy machine for use outside the library, whether it be for
financial gain or not, is illegal. The reproduction by libraries and archives
shall not affect in any way the laws of fair use copyright.

Any misuse of a copying machine is the fault of the person doing
so, not the entire library. Commercial gain based on the copying of
phonorecords in the current archives of a library is illegal. An original copy
must be maintained especially if the price to acquire the original copy is
reasonable. The rules set forth for the copying of a phonorecord by a library
or archive only apply to sound recordings. Literary works, graphics and
pictures have a different set of rights that come with ownership of those
things.


What You Need to Know About Reproduction for the Disabled

What You Need to Know About Reproduction for the Disabled

Copyright Exceptions for the Disabled

Copyright exceptions may be made concerning the reproduction of copyrighted
material to be viewed by the blind or other people living with disabilities.
The reproduction of copyrighted material must be performed by an authorized
entity. The authorized entity will have the right to produce and distribute the
altered copyrighted material to be viewed by those with disabilities.
Phonorecords or literary works that are to be distributed to the disabled must
be:



         Not reproduced or distributed in a format that is not
specially made to be enjoyed by a disabled person;


         There must be a notice that any further reproduction or
distribution of the material in anything other than the specialized format is
not a copyright exception; and


         There must be notice of copyright which includes the
copyright owner and the original date of publication.


These copyright exceptions do not apply to computer programs, norm-related
referenced tests
, or other testing material except for the
portions of those things that use conventional human language.

Print instructional materials that are to be used in elementary or secondary
schools may be altered to be used by disabled children if:



         The inclusion of said materials are required by the State or local educational agency;


         The publisher already had the right to publish print
instructional materials; and


         The publisher uses their right to reproduce material
solely for the purpose of serving disabled children.



Accepted Specialized Formats

Formats that are accepted as alterations to an original work are considered
copyright exceptions if they consist of: Braille, audio text, or digital text to serve the blind or other disabilities, and large print formats may be used to serve those with
impaired vision.

Secondary Transmission Overview

Secondary Transmission Overview

Secondary transmission is not an infringement on copyright if the signal being transmitted is not from a cable system. The transmitting of signals must be made by hotel management, an apartment or similar establishment. The broadcast signals must be transmitted by a broadcast station licensed by the Federal Communications Commission. No direct charge can be made to view the secondary transmission and the viewing may not extend beyond the establishment providing the displayed work. If those responsible for the secondary transmission have no control over what is broadcast other than supplying wires, cables or other communication devices, they cannot be held responsible for what is displayed on the transmission.
Satellite companies may display secondary transmission due to a statutory license agreement that was signed. Governmental bodies or non-profit organizations may display secondary transmission as long as it is not for a commercial or personal financial gain. Money earned can only go toward maintaining the ability to transmit signals.
Secondary Transmission to a Group

The secondary transmission of a work being displayed on a primary transmission is illegal if the copyrighted material set for display on a primary transmission is meant to only be broadcast to a controlled group. The secondary transmission to a group may be allowed if:
         The primary transmission is being broadcast by the FCC;
         The carrying of signals on a secondary transmission is required by the FCC; and
         The secondary transmitter does not in any way alter the primary transmitter.

Secondary Transmissions by Cable Systems

Secondary transmission by cable system requires a license from the FCC and the secondary transmitters must comply with the rules and regulations set by the FCC. Displaying copyrighted work on a secondary transmission is subject to penalty under copyright infringement laws if the transmitting of signals is not permissible by the FCC and its rules and regulations. Also, the secondary transmitting of signals is subject to penalty if the secondary transmitters have not paid the required statement of account and royalty fee.
The alteration of any commercials or other paid for ad space while transmitting on a secondary line is against the law. Researchers and companies have compiled information that has led them to choosing specific audiences and time slots to broadcast their commercials or public messages. Altering these messages is not permissible. Transmitting signals to areas that are not meant to receive the signals is also against the law and breaches the FCC agreement.

Non-Simultaneous Secondary Transmissions by Cable Systems

Non-simultaneous secondary transmissions by cable systems is not permissible by law unless:
         A program on videotape is not displayed more than one time to cable subscribers;
         The broadcast is not altered in anyway and the commercials are left as they were;
         The owner of the cable system takes extra measures to assure the videotape is not duplicated or transmitted again in any way possible. They are responsible for the destruction of the tape upon completion of broadcasting the tape; and
         The secondary transmission must take place when the Federal Communication Commission says it should take place.

What are Background Exclusive Rights

What are Background Exclusive Rights

The English were the first to use copyright. Rights for
copyrighted material were given by the British Parliament by the Copyright Act
in 1709. Since then, many copyright conventions have been held and treaties
were created to determine how rights and ownership for copyrighted material
would be determined. After many years and debate, the strongest and most
recognized copyright laws are the World Intellectual Property Organization
(WIPO). The WIPO evolved from the Berne Convention which took place in 1886 in
Switzerland.

Exclusive rights may be granted under copyright law.
Exclusive rights give total control and ownership of a copyrighted material
 to the author and creator of a copyrighted original work.
Once something is created in a tangible form, that creation has a copyright.
Rights existing under copyright law give creators of a work the exclusive
rights to that work. Works that can be copyrighted include:

         Songs
or sound recordings

         Literary
work

         Picture,
sculptures and graphics

         Dramatic
works

         Pantomimes
and choreographic works

         Motion
pictures and other audiovisual works

         Architectural
works

The above
works are all considered the property of their creator. While they are not
properties like a house and car are someone’s property, they can be just as or
even more important than those properties to their creator. Once one of those
works are put into a tangible medium, they are the property and copyrighted
material of their creator or author. No copyright applications or forms need to
be filled out to obtain a copyright.

In the
past forms or a notice of copyright was needed, but that is no longer the case.
Creation and the ability to see or hear the work in its complete form is all
that is needed to own the exclusive rights and reap the benefits of whatever
may come about from being the creator and exclusive rights owner of an original
work.

Copyrights fall under the term “Intellectual Property”. A person in
possession of intellectual property is entitled to the financial benefits that
come with being the owner of such a property. Owning intellectual property does
not allow anyone except the creator of the property to profit off the property
without the consent of the creator. It is also against the law to use
intellectual property in a way that would prevent the creator from profiting
off their work.

To use a copyrighted material in a way that would infringe upon a copyright
owner’s rights is known as copyright infringement.
Copyright infringement can include selling copyrighted material, producing or
distributing material and altering copyrighted material.

Understanding Attribution and Integrity

Understanding Attribution and Integrity

The creator
of an original piece of visual art is entitled to claim the exclusive rights of
ownership of that work and not have their name associated with any piece of
visual art they did not create. Any mutilation or modification that brings down
the value or integrity of a piece of original art will no longer be associated
with the original creator of that piece of visual art. This is to prevent false
attribution from bringing down the honor or reputation of an artist.

Under copyright law, an
artist is free from preventing the intentional mutilation or loss of integrity
to a piece of their art to purposely bring down an artist’s reputation. Intentional
acts of that nature are against the law.

Attribution rights extend only to the author of a piece of
original work. If a work of art has two authors, they are considered co-owners.
Authorship and its exclusive rights
 extend to both creators. If the copyright is owned by
someone other than the creator, the rights of authorship discussed above still
belong to the original creators.

The
modification of a piece of art can legally take place without attribution given
to the original creator of art if it occurs by means of time passing or the
natural deterioration of the materials takes place. Modifications to repair the
art are not considered mutilations and are not illegal. Usage of lighting that
may slightly change the appearance of a work of art is also not considered to
be mutilating or altering an original work.

Exclusive rights given to creators of art last for
the duration of their lives. If there is more than one creator, the exclusive
rights last until the last remaining creator’s death. There may be no transfer
of rights if an creator chose to do so. However, an creator can make a claim to
waive all of their rights to a piece of art.

To no longer
accept attribution for a piece of art, an instrument must be signed and
information regarding the art must be detailed in the written statement. The
art must be clearly identified and the expression to give up attribution must
be inserted. A work of art that has more than one creator and is given up by
one creator is then given up by all creators.

A waiver of
rights does not allow for a transfer of rights to another person. Even the
transfer of copyright ownership does not grant the new owner any of the
original rights afforded to the original creator. Also, copies of a piece of
art do not grant any exclusive rights ownership to an owner of a copied piece
of art.

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