STEAM Wattsburg Area Middle School
Copyright and Fair Use
Copyright law enables people to control the creative works they produce.
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Violating Copyright Can Be Expensive
The copyright holder may receive statutory damages for all infringements involved in the action…
not less than $750 or more than $30,0000 as the court considers just.
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When infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.
The Copyright Act grants five rights to a copyright owner:
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The right to reproduce the copyrighted work;
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The right to prepare derivative works based upon the work;
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The right to distribute copies of the work to the public;
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The right to perform the copyrighted work publicly; and
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The right to display the copyrighted work publicly.
http://www.bitlaw.com/copyright/scope.html
Choices for the User:
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Claim fair use
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Ask permission
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Buy a license
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Use public domain, royalty-free or Creative Commons licensed content
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Don’t use it
Temple University: Media Education Lab, Copyright Clarity Fair Use for Digital Learning, 2011.
fair use – noun (in US copyright law) the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
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http://www.oxforddictionaries.com/us/definiti on/american_english/fair-use
Fair Use in Competitions
When projects are not being used for educational purposes, but are attached to a monetary award, fair use no longer applies. The project’s intention is to win money or a prize, not educate. Examples could include but are not limited to a technology fair, entry for a contest, etc.
Netflix in the classroom
Netflix Terms of Use states "the Netflix service, and any content viewed through our service, is for your personal and non-commercial use only and we grant you a limited, non-exclusive, non-transferable, license to access the Netflix service for that purpose." Additionally the Netflix End User License Agreement notes that your membership allows you and the members of your immediate household use of the Netflix services. From this, we must conclude that you would need to obtain express written permission from Netflix in order to show the content to your students. The same can be said for Amazon Prime and Hulu.
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https://www.netflix.com/TermsOfUse
http://www.amazon.com/gp/help/customer/display.html/?nodeId=508088
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