Legal+Use

=**What is the Legal Use in Digital Media?**=

**Copyright**
media type="youtube" key="InzDjH1-9Ns" height="349" width="560" "Copyright law in the United States is embodied in federal laws enacted by Congress. The current copyright law, the Copyright Act of 1976 (as amended), is codified in Title 17 of the U.S. Code" (www.copyrightkids.org). **Copyright law covers** **seven broad categories:**
 * 1)   **literary works** - both fiction and nonfiction, including books, periodicals, manuscripts, computer programs, manuals, phonorecords, film, audiotapes, and computer disks
 * 2)   **musical works** -- and accompanying words -- songs, operas, and musical plays
 * 3)   **dramatic works** -- including music - plays and dramatic readings
 * 4)   **pantomimed and choreographed works**
 * 5)   **pictorial, graphics, and sculptural works** -- final and applied arts, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models
 * 6)   **motion pictures** and **audiovisual works** - slide/tape, multimedia presentations, filmstrips, films, and videos
 * 7)   **sound recordings** and records - tapes, cassettes, and computer disks ([|Talab], 1986, p. 6).
 * What teachers can do**

 Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Rather than listing exact limits of fair use, copyright law provides **four standards for determination of the fair use exemption**: Teachers should use this chart **Copyright notice and attribution required.** || **Multiple copies used again and again without permission.** **Multiple copies to create anthology.** **Multiple copies to avoid purchase of textbook or consumable materials.** || **For works of 2,500-4,999 words, 500 words may be copied.** || **Same as above**  || **Multiple copies of up to 250 words from longer poems.** || **Same as above**  || **chart, diagram, graph, drawing, cartoon, picture from periodical, newspaper, or book, Web page image** || **Same as for first item.** **No more than 5 images of an artist/photographer in one program or printing and not more than 10% or 15% of images from published collective work, whichever is less.** || **Same as first item** **Incorporation or alteration into another form or as embellishment, decoration for artistic purposes for other than temporary purposes.** || **film and videotape productions** || **Single copy of up to 3 minutes or 10% of the whole, whichever is less.** **Spontaneity required.** || **Multiple copies prohibited. Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited.** || **-sheet music, songs, lyrics, operas, musical scores, compact disk, disk, or cassette taped recordings** || **Single copy of up to 10% of a musical composition in print, sound, or multimedia form.** ||  **Same as immediately above**  || **Copyright notice required.** || **Same as immediately above.** **May not be done at direction of superior.** **May not be altered.** || > This chart was adapted from Washington State University [|Guidelines].
 * Fair Use **
 * 1)   : Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology.
 * 2)   **Nature of the work**: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable.
 * 3)   **Proportion/extent of the material used**: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use.
 * 4)   **The effect on marketability**: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use
 * **Work or Materials to be used for Educational Purposes** ||  **Fair Use Restrictions for Face-to-Face Teaching**  ||  **Illegal Use without Explicit Permission from Creator/Author**  ||
 * **Chapter in a book** || **Single copy for teacher for research, teaching, or class preparation.** **Multiple copies (one per student per class) okay if material is (a) adequately brief, (b) spontaneously copied, (c) in compliance with cumulative effect test.**
 * **Newspaper/magazine article** || **Same as above.** **Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less.**
 * **Prose, short story, short essay, Web article** ||^   ||  **Same as above**  ||
 * **Poem** || **Same as for first item.** **Multiple copies allowed of complete poem up to 250 words -- no more than two printed pages.**
 * **Artwork or graphic image -**
 * **Motion media -**
 * **Music**
 * **Broadcast programs** || **Single copy of off-air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date.** **Use by only individual teachers.**