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Southeastern Louisiana University

Copyright

The Digital Millenium Copyright Act (DMCA) was revised in 1988 to include educational issues such as development of online courses. Copyright is assigned to an original and creative work as soon as it's fixed in tangible form. This means that the creator of an original work doesn't have to register with the Copyright Office to own the rights of their work. Registering a work is beneficial though, for those who would like to pursue punitive damages due to copyright infringement.

There are four conditions which must be considered before using a copyrighted work in the classroom. For instance, if the work is in the public domain, meaning it belongs to the public as a whole, it may be used with no restrictions on copying or distributing. Gaining permission of the copyright holder or using a work that's legally exempt of copyright protection (such as a parody) are other considerations. The last condition, fair use, is dependent upon four standards, of which each of the following criteria must be met or it can't be used:


The Four Use Factors of Fair Use:


  1. Purpose of use- allowed to copy & use selections of copyrighted material if made spontaneously and temporarily
  2. Nature of work- copying paragraphs is allowed, copying chapters is not
    Rural school children, San Augustine County, TX, 1943 (John Vachon/LOC)
Image Credit: Library of Congress, Prints & Photographs Division, FSA-OWI Collection, [reproduction number, LC-USW361-833]

  1. Proportion of material used- copying short sections which don’t reflect the “essence” of the total work is allowed
  2. Effect on marketability- copying is allowed if it doesn’t affect the sale of the copyrighted work
                  Click here to review the © slideshow |  Click here to review the © scenarios (slide 14)

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