Term
Copyright:Legal and Ethical Issues |
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Definition
Objectives
Define public domain, identify the four ways material is considered public domain, describe fair use, list the four factors of fair use, define the term Royalty-free, identify when music is considered to be public domain, determine when images are considered to be copyright fee, site images, sounds, and videos properly. |
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Term
Copyright
A form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and intellectual works. |
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Definition
Public Domain
Refers to materials that are not protected by laws such as copyright, trademark, or patent laws.
These items are said to be copyright free. |
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Term
Public Domain
Trademark- points to the origin or ownership of merchandise and legally reserves rights of the owner (Kleenex is a registered trademark) |
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Definition
Public Domain
Patent – obtained when any person invents or discovers any new process or item
Others may not duplicate it for a specified amount of time (potty pager)
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Term
Four Ways Items Can Become Public Domain
- The copyright has expired
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The copyright owner failed to follow copyright renewal rules
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The copyright owner deliberately places it in the public domain, known as “dedication”
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Copyright law does not protect this type of work
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Definition
Music and Public Domain
Music and lyrics published in 1922 or earlier are in the public domain
Music recordings are copyright protected
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Term
Images
Search the internet to find “free” image collections using the following terms: Public domain, Free, Copyright-free, Royalty-free
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Definition
Images
Can not be used for commercial purposes, can not be redistributed, sold, added to an image collection or published, must not constitute a substantial portion of the content in which it is used should not be main focus point, many copyright holders will request (though not necessarily require) credit and/or a link back to their site
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Term
Citing Images
Any non-trivial image that is not an original creation of the author constitutes a borrowed idea and should be credited
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Definition
Citing Images
Provide a caption under the image itself, listing the author, title, and source of the image.
Link the image itself to a separate page containing an enlarged version of the same image together with author, title, and source information.
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Term
Other Non-Print Resources
Interviews, Email, Personal Communication
Motion picture
Television broadcast
Television series
Music recording
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Definition
Fair Use
A clause in copyright law permitting the use of copyrighted material for educational and certain other purposes |
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Term
Fair Use
Copying of copyrighted material for a limited and transformative purpose: comment upon, criticize – can include short quotes, parody – revising for humor purposes
Transformative use – expansive meaning that may be open to interpretation |
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Definition
Fair Use; Four Factors
the purpose and character of your use, the nature of the copyrighted work, the amount and substantiality of the portion taken, the effect of the use upon the potential market |
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Term
Fair Use; Four
The purpose and character of your use:
Has the material been transformed by adding new expression or meaning? Was value added by creating new information, insights or understanding? |
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Definition
Fair Use; Four Factors
The nature of copyrighted work:
More leeway when copying from factual vs. fictional, published vs. unpublished works |
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Term
Fair Use; Four Factors
The amount and substantiality of the portion taken:
Less is more
The effect of the use upon the potential market:
Will use deprive the copyright owner of income |
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Definition
Royalty-Free
A work, such as a picture, licensed to a client upon a flat rate purchase. Does not include re-sale of the work.
Not in the public domain but may be used upon purchase. |
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Term
Fair Use; Four Factors
The amount and substantiality of the portion taken:
Less is more
The effect of the use upon the potential market:
Will use deprive the copyright owner of income |
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Definition
Royalty-Free
A work, such as a picture, licensed to a client upon a flat rate purchase. Does not include re-sale of the work.
Not in the public domain but may be used upon purchase. |
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