Copyright Infringement and Fair Use:
Using Resources Legally to Further Knowledge Since the inception of the Internet, copyright laws have become unclear. Sharing material online has led to an unfortunate amount of piracy of copyrighted works, intentionally and unintentionally. Understanding how to navigate the murky waters of copyright infringement is essential, especially in the field of education. Teaching students to understand the difference between copyright infringement, and fair use can help to alleviate the adverse effects of copyright violations, which occur all too often in our society. Recognizing the difference between these two terms and having the ability to apply them to everyday choices that people make online can help promote digital
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First, a person must reflect upon the purpose of using material accessed online. If the material is used for nonprofit educational purposes only, then it most likely falls into fair use. If, however, the material is used as a part of a larger product or work that is designed for profit then it becomes copyright infringement. In some cases, the amount of copyrighted work used can influence whether or not it is considered fair use of copyright infringement as well (U.S. Copyright Office, 2012). After reviewing key factors of why a given work is being used, an individual should also consider approved lists of fair use material for educational or nonprofit purposes. As a whole, fair use material may include a book chapter, an article from a news media outlet, a short story, essay, poem that is less than 250 words, 10 percent of a total work or less, and copies of illustrations used only once. Violations of fair use policy include distributing copies of works, reusing work, and copying work more than nine times in a semester in the educational realm (University of Maryland University College,
Many countries have adopted a fair usage policy within their copyright laws, ‘Fair dealing’ in United Kingdom law, ‘fair dealing’ in Canada and the ‘United States doctrine of fair use’ to name just a few. The purpose of these policies is to give exception to copyright infringement laws when information has been copied for the purposes of non-commercial research or study, or for the reporting of current events. A document published by the UK intellectual property office: ‘Exceptions to Copyright Law - Research’, states: “The law already permitted limited copying of some types of copyright material, such as books, for non-commercial research or genuine private study. The law has now changed so that all types of copyright works are covered.” The document explains that the amount being copied is limited by the legal application of “fair dealing” and copying the whole work would not constitute as ‘fair dealing’ in this case a licence or paid subscription would be needed. However, according to Section 108 of the Copyright Act, in The USA, it is possible to obtain a whole piece of work from your library, however, certain conditions apply.
Have valid reasons for infringe another’s copyright under certain situations that are legal without permission from the copyright owner. It must be determined that the use is only for non-commercial or nonprofit purposes by considering “the nature of the copyrighted work”, “the amount and substantiality of the portion used in relation to the copyrighted work as a whole”, and “the effect of the use upon the potential market for or value of the copyrighted work” (Copyright Act). Examples include collections in libraries open to the public or related to academic research.
Copyright and fair use laws are laws that allow for creators of works to have rights to their creations. But, they also allow the free use of works, in the effort to get your point across. Fair use can be defined as the doctrine that brief excerpts of copyrighted 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. This doctrine shows how the general public is available to reproduce copyrighted material without acquiring consent. While, this is true, we are only allowed to reproduce part of the information, not the entirety of the work. These can include news reporting, teaching purposes,
Murray, Andrew. "Copyright in the Digital Environment." Information technology law: the law and society. Oxford: Oxford University Press, 2010. 268. Print.
“Anyone else who uses copyright material in those ways will infringe copyright unless they have permission from the copyright owner or a special exception applies. One act may result in the infringement of several copyrights” (Film & Copyright, 2012, p. ...
The evolution of the Internet into a mainstream resource has provided its users with access to whatever their hearts desire, often at no cost. Such free access has instilled in the minds of users that they are entitled to possess all that they may obtain, without regard to those from whom they are taking. Causing the damages to our economy and society on a global scale, and challenges to the current state of copyright law, resulting from the growth and advancement of digital technology, which has created a pandemic of apathy among an entire population of users toward the interests of copyright owners.
It might not have been how I originally wanted to spend my Saturday night, but then again if I hadn’t of gone it would have been extremely difficult to write this paper. I attended Molly Kleinman’s lecture about copyright and how it’s linked to libraries.
Walt Disney Studios is suing Professor Faden for infringing its copyright by using Disney clips in “A Fair(y) Use Tale.” Professor Faden claims he did not infringe Walt Disney Studios copyright. He took bits and pieces of Disney movies and made a video of all the clips that he used for fair use. Faden was using pieces of Walt Disney Studios movies for educational purposes, and never broke the copyright laws, therefore, it was noninfringing. The definition of fair use is a legal doctrine that portions of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner. He didn’t use a whole movie from Disney, just
Today I am going to be explaining exactly why Professor Faden’s video ‘Fair(y) Use Tale Trial’ has caused a great deal of problems, due to the appearance of it being copyright. At a first look the video just screams copyright, anyone could agree with that. But with a little dedication and a fair amount of research, It's clear the purpose of the video was education and parody. Point,
Imagine oneself in a predicament where someone’s work was used in a negative way and the copyright owner disapproved of the harsh display. How would the issue be resolved? Was it used fairly? In many cases people find themselves with their work viewed in a negative manner. However, this is where fair use is a probability.
In the September 20, 2003 edition of The New York Times, Kate Zernike examines certain negative aspects of easy information´s access by Internet. In the article “Students Shall Not Download, Yeah, Sure”, Zerkine focuses mainly on content plagiarism and free download of music and movies through the interpretations of series of interviews´ extracts to youth people, college students, and university authorities about the Internet phenomenon.
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
Abstract This paper is intended as a primer for copyright law in the form of a short story. An elementary school teacher illegitimately copies a piece of software for educational purposes and is discovered. Issues such as the fair use doctrine, copyright law, and cyberlaw are covered. The analytical section provides a realistic legal defense for the fictional situation that drives the paper.
Just two decades ago, saying “copyright” to teachers most likely conjured images in their minds only of the fine-print notice in the front of a textbook. Today, with a world of Web 2.0 technology at their fingertips, copyright issues for teachers can be confusing and complex. Add to that an ever-increasing emphasis on technology literacy in our states’ education standards – forcing teachers to incorporate applications and resources that may be uncharted territory to them – and the waters get even murkier. Teachers bear the double-burden of carefully abiding by copyright laws in their day-to-day incorporation of technology in the classroom, while instilling copyright ethics in students as they meet state standards for technology and media literacy. A review of the copyright literature related to education provides some clarity on copyright and fair use applied to classroom practices, suggests barriers to copyright compliance among educators, and provides suggestions on how to teach copyright ethics to a tech-savvy generation.
The Internet has actually helped and hurt the ethical issue of copyright infringement. It has become more difficult to plagiarize or steal information that comes from books, newspapers, journals, etc. that are for scholastic purposes, due to sites like turnitin.com and Safe Assign. These have become tools that help teachers, professors, and even students prevent copyright infringement and plagiarism. The Internet has hurt the act of copyright infringement, however, by making it a lot easier to have access to information. This easy access to information gives people millions of articles, books, newspapers, journals, etc. to steal information from. It has become very simple to type a subject into Google, click on the link, and cut and paste information from their website. Many students are being taught the correct way to give credit to a source author and avoid copyright infringement. The Internet is actually helping many of the youth in America, because they are learning the right way to incorporate cited sources through citation machines. This can also be seen as a curse, however, because many people in other countr...