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Education Copyright Law
The Nuts and Bolts of Education Copyright Law
It is a wonderful thing that Education Copyright Law is available for educators. It isn’t only teachers that can take advantage of education copyright law. Students are also covered under education copyright law -- to a degree. Teachers are able to use copyrighted materials in their classroom and make copies of them. Students are also able to use copyrighted materials in school projects. The key to education copyright law is how often a teacher or student uses copyrighted material, in what way they are using it and how many copies they have of it. It is important that teachers and students do not cross the line of education copyright law or they could be in for some stiff penalties.
It helps many students and teachers to learn what exactly is not copyrighted. Any work that is in the public domain is not copyrighted and can be used in school and for school projects. Work that is not in the public domain is copyrighted and if you use it you should make sure you fall within the fair use or education copyright law regulations.
Many people do not know what exactly fair use copyright regulations are. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it directly? If you are using another person’s work directly, for what purpose and how much of the original author’s work are you using? Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! There is a greater amount of room to maneuver when it comes to technical writing. For instance, if you are writing a report on something that involves a lot of reporting from an expert, you would probably need to quote more of their work than you would a fiction novelist’s work. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary.
Individuals who are involved in the distance education field should take a look at the TEACH Act that was made into law in 2002. This Act clearly outlines the requirements that a university or school must be in compliance with when it comes to transmitting copyrighted works via the Internet. The TEACH Act allows students and teachers to transmit copyrighted works, but they must be within certain guidelines. If the school or university cannot meet these guidelines, the material that is being transmitted via the Internet needs to fall within the fair use copyright act – or the individuals involved need to have permission from the copyright owner. If you are an educator and you are using copyrighted material make sure it falls within the education copyright law.
Copyright Law Act The Copyright Law Act of 1976 The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909. The Copyright Law Act of 1976 defines “works of authorship” to include all of the following: * Musical works * Literary works * Dramatic works * Pictorial, sculptural and graphics * Motion Pictures and Audiovisuals * Sound Recordings * Choreographic Works and Pantomimes * An eighth work which falls under “architectural works” was later added in 1990. What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work. How to copyright music How to Copyright Music for the Beginner For those wondering how to copyright music the answer can be both long and short. The first thing to remember is that most people are confused about exactly what it means to actually copyright music. Music is actually copyrighted as soon as it is presented in a fixed form. It doesn't really matter whether that fixed form is as written sheet music or as a recording. Most people are looking for solid legal protection and while a copyright is good to have, it is essentially worthless unless you've actually gone to the effort of also registering your copyright. Rather than asking 'how to copyright music', perhaps the better question would be 'what do I do now that I've copyrighted my music?' It doesn't really matter what you call it unless you're moving around in legal or industry circles I suppose, but I've always felt that it's a good idea to have a clue about the process in which you are embarking. Now that we've answered how to copyright music, it's time to move on to the real issue, which is registering your copyright. Music is registered through the U. S. Copyright Office. You will need to fill out an application, pay a fee, and provide a copy of your music. As far as government dealings go, this is one of the least painful. Even the fee is marginal when you consider your 'hopeful' future profits and royalties. All that aside, there is something that is massively satisfying about knowing how to copyright music and having your first piece of music registered. Music is an art form and the ability to write music is nothing insignificant. It is a real talent that is actually quite rare. Many popular musicians today use music that has been written by others either in addition to or rather than music that they have written themselves. Even if you aren't a talented performer, it doesn't mean that your music will never be seen or heard or that you should not bother learning how to copyright music. You just might find that you are more in demand for your particular talents than you would have ever dreamed possible. The big thing to remember though is not to sit around wondering how to copyright music but to get out there and go about the process of creating and making more wonderful music to share with the world. It takes all kinds of music to keep this world turning and there is someone out there that is waiting to hear the music that you create. The process of how to copyright music is completely free. The process of registering your copyright is worth every penny you will spend. It is important to protect your music now more than ever with piracy and widespread downloading providing significant reductions in profits for everyone involved. The music industry is also a very fickle industry and you need to maximize your profit potential and usefulness. Once you understand how to copyright music, you need to make sure every piece of music you have has been copyrighted, then you need to go through your music and systematically register each and every piece as well. Even if you must do one piece at a time until you manage to register the copyright on them all, it is much better to be safe than sorry should you ever go to trial in a copyright infringement case. Also remember to pay it forward and support up and coming musicians by sharing the information of how to copyright music and how to register copyrights as well. |