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Copyright and Fair Use

by ssnow65
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"Copyright is . . .-exclusive rights granted to the creator of an original workGrants creator(s) exclusive control over . . -reproduction of their work-creation of derevative works that are based on their work-distribution of their work-public performance of prose, poetry, music, plays, musicals, choreographic works, pantomimes, films and other audiovisual works and, in the case of sound recordings, performance by digital and satellite transmission-public display of visual and graphic are, sculpture, prose, poetry, music plays, musicals, choreographic works, pantomimes, films, and other audiovisual works" (Ross & Kinsley, 2013, p.2).

ReferencesRoss, P., & Kinsley. D. (n.d.). Educator's Guide to Copyright. Retrieved from http:// copyrightfoundation.org/files/userfiles/file/EducatorsGuide.pdfOrnstein, A. C., Levine, D. U., & Gutek, G. L. (2011). Foundations of Education (11th ed., p. 275). Wadsworth.

Copyright and Fair Use"Why is it important for educators to know about copyright? Although copyright law incluces a "fair use" provision for the educational use of copyrighted material, the law does not otherwise grant special privileges to educators. Teachers need to understand the limits of "fair use" in order to avoid violating the law inadvertently, and to be sure that their use of copyrighted material in the classroom sets a positive example for students" (Ross & Kinsley, 2013, p.4).What are some common student misconceptions about copyright? Some students believe that copyright law makes an exception for "personal use" of copyrighted material. It does not. Sharing copies of music, movies, photos, video games, and software is copyright infringement(Ross & Kinsley, 2013, pp. 4-5).What are the four fair use factors? These are the factors weighed by a judge in determining whether to accept a fair use defense. The first take into account "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes." The second factor considers "the nature of the copyrighted work," meaning that those that are creative in nature, such as a musical composition, sound recording. etc. The third factor considers "the amount and substantiality of the portion used in relation to the copyrighted work as a whole," meaning that use of an entire work is less likely to be found to be a fair use. The fourth factor considers "the effect of the use upon the potential market for or value of the copyrighted work" (Ross & Kinsley, 2013, p. 5).

Guidelines for Fair Use"Copying of prose is limited to excertps of no more than 1,000 words.""A poem may be copied if it is less than 250 words.""Teachers may make one copy per student for class distribution.""Most magazine and newspaper articles may be copied freely.""It is safer to link to a source than to provide a full download if you are not sure you have fair use" (Ornstein, Levine & Gutek, 2011).

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