Copyright & Fair Use

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by kacybeeler
Last updated 5 years ago

Discipline:
Science
Subject:
Computer Science

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Copyright & Fair Use

Copyright and Fair Use

Fair Use Fair use applies to situations involving criticism, comment, news reporting, educational use, and research associated with copyrighted material. It is one of the most important exceptions for teachers and students. There are no guidelines for determining what constitutes fair use in an education setting. Instead, four factors must be weighed.

Copyright refers to the legal rights to an original work. Copyrighted materials include:Written worksWorks of art and musicPhotographsComputer Software

Educational use of a copyrighted work can meet fair use guidelines if 1) only a brief excerpt is used2) it is a spontaneous use3) there is no cumulative effect

The copyright owner has exclusive rights to:1) Reproduce the work2) Create derivative works3) Sell Work4) Distribute Work5) Perform or display work in public

Work produced by the U.S government cannot be copyrighted. They are in the public domain. Students or teachers can use these works without special permisison.

TeachingEducators can display copyrighted wroks for face-to-face teaching if material was legally purchased and relavant to the subject being taught.

The purpose and character of the use The nature of the copyrighted workThe amount of the work used in relation to the wholeThe effect of the use on the potential market for the work

Copyrighted material in digital format is likely to be considered fair use when:1) the use is of an educational nature2) the material itself is educational in nature3) relatively little of the original material is used4) it is unlikely to detrimentally affect the market for the original materials.

Avoiding Problems1) Request permission to use the material. Publishers are often willing to permit copyrighted material to be used free of charge for nonprofit educational purposes.2) Obtain "royalty-free" collections of media.3) Use caution when acquiring "public domain" materials.

Copyrighted works are protected for the life of the author plus 70 years. Works for hire are protected for 95 years from the date of publication or 120 years from the date of creation, whichever comes first.

Software BackupUnder copyright law, computer software may be duplicated when it is essential to the use of the software on a particular computer or to create an archival backup copy of the software to be used if the original fails. Other copying of software, except as may be allowed by the license for a particular software product, is illegal.


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