Copyright Infringement and Other Concerns!

Teachers and students, this is a warning…you are being watched!  Scary isn’t it?!

However scary, this is a possible scenario when using copyrighted images, video and sound clips in your digital media creation.  Both in your educational practice and art production, we must be aware of copyright infringement.

Let’s start from the top! What is copyright infringement?

According to Webster’s Dictionary Online:

Copyright is stated as:

: the legal right to be the only one to reproduce, publish, and sell a book, musical recording, etc., for a certain period of time

Infringement is stated as:

: a failure to uphold the requirements of law, duty, or obligation <any government action limiting freedom of speech is an infringement of the U.S. Constitution>
Synonyms contravention, infraction, infringement, transgression, trespass, violation

Related Words misconduct, misdemeanor, misfeasance, misprision, offense (or offence), sin, wrong; disregard, forgetting, ignoring, nonobservance, overlooking; delinquency, dereliction, neglect; encroachment, intrusion, invasion
Near Antonyms respecting, upholding
Antonyms noninfringement, nonviolation, observance

Copyright.gov has a whole section on what they deem as copyright infringement:

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.

(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.

(c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station.

(d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111(c)(3), the following shall also have standing to sue: (i) the primary transmitter whose transmission has been altered by the cable system; and (ii) any broadcast station within whose local service area the secondary transmission occurs.

(e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119(a)(5), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.

(f)(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station.

(2) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that television broadcast station’s rights under section 338(a) of the Communications Act of 1934.

Sounds intense right?!  Well let me spell it out for you in lamen’s terms.

Just. Don’t. Steal!

That is don’t steal by using copyrighted materials in any way.  So don’t use copyrighted materials such as popular or even unpopular songs that have a seal of copyright.  Don’t use someone else’s artwork.  You wouldn’t want your art work stolen, so don’t use someone else’s.

You will need to search for the copyright through Google and Google Images.  Annoying yes, but so is a huge fine and the embarassement that comes with it!

SO what is copyrighted material one more time?  Any material that is legally owned by the creator, company, etc.

Check what the copyright says too.  Maybe you can use it.  But that is a big maybe!

You will need to do your research.  Whether that is with copyright.gov or googe and google images.  You will need to do some homework.  Boring I know, why not use that flashy video and song?  Simple, you are a law-abiding citizen and you would’t want someone else to steal from you either!

Stay cautious and use your own work!!!!

PEACE, LOVE & CREATIVITY – http://www.AmandaJaneH.com

Amanda Jane

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