Copyright is a property right attached to an original work, art or literature. Only the author of this piece has the rights to alter, copy, redistribute, or use it. They own and have control over all copies of the work. If copyright is violated, the author can take it to court to seek compensation.
•
Public Domain (work belonging to the public as a whole, work that is over 75 years old, or works with an expired copyright/no protection)
•
Permission
•
Legal Exception
•
Fair Use
There are four specific things to look at when wondering if what you want to do qualifies as fair use. 1. Copying selected parts of a work is okay. 2. The nature of what you are
Seven Types of Copyright: 1.
Literary Works
2.
Musical Works
3.
Dramatic Works
4.
Pantomimed and Choreographed Works
5. Pictorial, Graphics and Sculptural Works 6.
Motion Pictures and Audiovisual Works
7.
Sound Recordings
Fair Use – 3 Questions Will the expression by the creator be used? Is the expression/rendering protected by copyright? Will the use go beyond fair use? If answer to questions is yes, it is not fair use and permission is needed. If the answer is no, then it might qualify.
There are three things to consider regarding whether or not something qualifies for copyright protection: must be original, creative to a minimal degree, and in a fixed or tangible form of expression.
Exceptions:
Under the Fair Use Clause, copyrighted materials may teachers face the problem of knowing when they can or cannot duplicate materials, and need to know the rules.
copying (ie: a paragraph is okay, but an entire chapter may be questionable). 3. Copying part of the work that does not capture the “essence” of the work is okay. 4. The effect on the work’s marketability has to be considered. If your duplication of the work will decrease their sales, then fair use probably does not apply.