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Copyright Answers

1. The Fair Use Multimedia Guidelines state that you may use 10% or 3 minutes, whichever
is less, of a motion media work. This would be over the amount listed in the guidelines.

2. The Berne Copyright Convention makes everything created privately and originally after
April 1, 1989 copyrighted and protected, whether it has a copyright notice or not.

3. It is permissible to link to another person's Web page but is a violation of copyright to


copy a collection of links that another person has researched and creatively put together.

4. Giving credit to the person who created the work-whether it's print, audio, video, a
photograph, etc.

5. To meet the fair use doctrine use must consider the:


a. purpose and character of use, whether it's for educational or commercial
purposes.
b. nature of the copyrighted work.
c. amount used in relation to the whole work.
d. effect of use upon the potential market for or value of the copyrighted material.

6. "Happy Birthday to You" is under copyright until 2030. While singing it at private birthday
parties is perfectly legal, including the song in a stage play would require that royalties be paid to
the copyright holder. When you have a birthday dinner at a restaurant, the employees usually
sing an alternate song in order to avoid copyright infringement.

7. Probably not. It depends on whether she shows the video soon (within 45 days) after it
appeared on PBS. Because her purpose was educational, she is within the realm of fair use.
However, if she continues to show the recording in future semesters, she is guilty of copyright
infringement. Programs recorded from pay services (cable, satellite dish) are not subject to fair
use guidelines. You may record programs for your personal use, but showing them to audiences
is against the law.

8. No. Copyright laws allow parody as a form of free expression. How else could "Saturday
Night Live" have lasted all these years? Make sure it's clear to your audience that your work is a
parody.

9. See handout.

10. "Some would argue that if you asked permission and did not get it, then you should not use
the work. It seems like the ethical thing to do. Yet in Campbell v. Acuff-Rose (114 S. Ct.
1164[1994]), the Supreme Court ruled "being denied permission to use a work does not weigh
against a finding of fair use." Bottom line: If you believe your use is fair, do not ask for
permission." (Russell 71).
11. Facts and/ideas can be evidence of plagiarism if they are presented without attribution and in
the same order and context as another work. To be guilty of copyright infringement, a substantial
amount of the work must be copied.

a. Plagiarism involves the use of someone else's words or ideas and claiming them as your own;
copyright infringement entails making multiple copies of a substantial portion or the whole work
to either make money or avoid making payment to the copyright holder.

12. It certainly is a violation of the license agreement with your database vendors. Likely it
would be considered a violation of copyright since individuals who have not paid for the use of
the database are now able to without paying a fee.

13. No. When users register to use iTunes they agree to the "non-negotiable license that says
downloads are copyrighted and the user agrees that the file is for "non-commercial, personal
use." He would be violating the terms of his contract with Apple if he uses the movie. This
does not fall under the fair use doctrine. If the school owned the DVD of the show its use would
be legal under section 110(1) of the copyright law (face-to-face instruction).