Members of the MCCC community are expected to comply with 联邦版权法. 版权是一个复杂的主题. This information is intended for informational and educational purposes and should not be taken as legal advice.
什么是版权?
Copyright is a legal protection which gives authors, 艺术家, and other creators some control over distribution, 繁殖, 表演, 并展示他们的作品. 的se rights may be subject to limited exceptions such as the Fair Use provisions (版权法第107条) and distance education provisions of the TEACH Act (版权法第110条第2款). 的 数字千年版权法 brought copyright law and penalties into the digital age.
什么受版权保护?
Any original, creative work of authorship “fixed in a tangible medium of expression” is covered. Examples of a tangible medium include a computer hard-drive whether in your office or across the world, 纸上铅笔, 录像带, 等. Examples of works of authorship include videos, 照片, 音乐, articles and other written or literary works.
版权自动产生, 不管作者是否想要, at the time a creative work is fixed in a tangible medium. 登记, copyright notices or official publication are not required; thus, even first drafts of a paper or email messages or cellphone photos are subject to copyright. 事实或观点, 作品的标题, works of the federal government and works that entered the public domain are NOT subject to copyright.
版权的有效期有多长?
Copyright can last a long time: 95 years after date of creation for works made for an employer or up to 70 years after the death of the author.
我想使用的作品是否受版权保护?
Copyright happens quite easily and lasts very long. Thus, unless the work is very old (pre-1920s) or produced directly by the U.S. government, you should assume that the work you want to use is under copyright.
知识共享
知识共享 promotes several standard copyright licenses creators can use to allow copyrighted works to be more easily shared and used without asking permission. Some search and photo sharing sites, such as Flickr知识共享 allow one to find 知识共享 licensed works.
合理使用例外
Fair Use allows individual exceptions for limited use of copyrighted works without requiring prior permission from the copyright owner. Copying must be for purposes of comment and criticism, which includes teaching, or for parody. Four factors must be considered when evaluating each copyrighted item. If a user’s response is “Fair Use” to at least three of the four items, the use of the item under consideration leans heavily toward fair use. 这些只是指导方针. Remember that each instance of use stands on its own. 单一的“强”不利于合理使用." can easily outweigh three "favors fair use". Only a judge can ultimately decide if a particular situation reflects fair use.
- 使用的目的和特点
- 合理使用:商业用途.
- Favors Fair Use: non-profit educational use. Annotations and comments, not just a copy.
- 受版权保护作品的性质
- Disfavors Fair Use: poem, paintings, fiction and other more creative works.
- Favors Fair Use: scholarly, technical, scientific works.
- How much of the copyrighted work is used relative to the whole
- Disfavors Fair Use: a big percentage of the work, many pieces of works by the same author, 或者是工作中最重要的部分.
- Favors Fair Use: a small portion of the work.
- Effect on the potential market of the copyrighted work
- Disfavors Fair Use: copying a one-use workbook or form. 重复或长期使用. 很多副本.
- Favors Fair Use: work not marketed for sale or licensing.
霍尔戴维森有一个有用的 教室版权表 based on his interpretations of copyright. 的 Schoolcraft College Checklist for Fair Use can help in evaluating a particular work.
Distance education (TEACH Act) exception
远程教育的规定, 最初是教育法案, of the Copyright Act [Section 110(2)] provide exceptions for distance learning and transmission of copyrighted works for educational purposes, 例如Blackboard用法. 除其他外，条件包括:
- Must be for the purpose of distance education.
- Made under supervision of an instructor at an accredited nonprofit educational institution.
- Be directly related to the curriculum and materially assist the teaching content.
- Access limited only to students enrolled in the class.
- Allows 表演 of a non-dramatic literary or 音乐al work (a recording of a piano sonata) or a reasonable and limited portion of any other work. (e.g. excerpt of a movie) or display of any work similar to what would occur in a face-to-face classroom setting.
获得使用作品的许可
A standard MCCC Request to Duplicate Copyrighted Material form is used to request permission from the rights holder(s) for use of a copyrighted work. A copy of the agreement is to be kept in the appropriate dean’s office.
有用的版权连结:
一般:
合理使用与教育法案:
- 圆形21. Reproduction of Copyrighted Works by Educators and Librarians.
- 版权和合理使用概述. 斯坦福大学.
- Hall Davidson’s 教室版权表
- Proposed Educational Guidelines on Fair Use (斯坦福大学)
- Schoolcraft College Checklist for Fair Use
知识共享:
MCCC链接: