Editing Copyright in English language teaching

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==Implications for this site==
 
==Implications for this site==
Whereas you may be able to use copyright materials in class, publishing a lesson which is based on copyright material on a website would almost certainly be a violation of copyright.  Consequently, that great class you created based on that wonderful newspaper article which tied into the song by what’s-his-name you got from [[YouTube]] can’t be uploaded here.
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Whereas you may be able to use copyright materials in class, publishing a class which is based on copyright material on a website would almost certainly be a violation of copyright.  Consequently, that great class you created based on that wonderful newspaper article which tied into the song by what’s-his-name you got from [[YouTube]] can’t be uploaded here.
  
 
==Which is relevant - where I live and teach or where the work was created?==
 
==Which is relevant - where I live and teach or where the work was created?==
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== Specific information by region or area. ==
 
== Specific information by region or area. ==
Some areas have elected to interpret the Berne Convention more restrictively than others.  In many cases we have copied the most important parts of the legislation here (justified by being "insubstantial copying" or less than 1% of the work copied), but teachers are nevertheless  encouraged to read the primary legislation which is linked from each article.
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Some areas have elected to interpret the Berne Convention more restrictively than others.  Although in many cases we have copied the most important parts of the legislation here (justified by being "insubstantial copying" or less than 1% of the work copied), teachers are encouraged to read the primary legislation which is linked from each article.
  
 
Many countries seem to have legislation which states something like: "''you can make a copy as long as you don't use a photocopier''" - which isn't really very helpful.  
 
Many countries seem to have legislation which states something like: "''you can make a copy as long as you don't use a photocopier''" - which isn't really very helpful.  
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====The UK====
 
====The UK====
The UK seems to have a slightly confusing law in this case. The UK Intellectual Property Office maintains that the law allows teachers to copy - as long as they don't use a photocopier or similar copying device.<ref>[http://www.ipo.gov.uk/types/copy/c-other/c-exception/c-exception-teaching.htm UK Intellectual Property Office statement which allows copying - but not with a photocopier]</ref>  This is in agreement with the UK legislation point 32 which states:<ref>[http://www.ipo.gov.uk/cdpact1988.pdf Complete text of UK legislation- see sections 32 and 36]</ref>   
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The UK seems to have a slightly confusing law in this case. The UK Intellectual Property Office maintains that the law allows teachers to copy - as long as they don't use a photocopier or similar copying device.<ref>[http://www.ipo.gov.uk/copy/c-manage/c-useenforce/c-useenforce-use/c-useenforce-use-exception/c-useenforce-use-exception-teaching.htm UK Intellectual Property Office statement which allows copying - but not with a photocopier]</ref>  This is in agreement with the UK legislation point 36 which states:<ref>[http://www.ipo.gov.uk/cdpact1988.pdf Complete text of UK legislation- see sections 32 and 36]</ref>   
  
 
<blockquote>Things done for purposes of instruction or examination
 
<blockquote>Things done for purposes of instruction or examination
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====Spain====
 
====Spain====
[[Spain | Spanish]] legislation articles 32, and, perhaps, 37 seem to allow the use of copyright work for educational purposes.<ref>[http://www.wipo.int/clea/en/text_html.jsp?lang=en&id=1373#JD_ES070_A32 Spanish legislation - see articles 32 and 37]</ref>
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Spanish legislation articles 32, and, perhaps, 37 seem to allow the use of copyright work for educational purposes.<ref>[http://www.wipo.int/clea/en/text_html.jsp?lang=en&id=1373#JD_ES070_A32 Spanish legislation - see articles 32 and 37]</ref>
  
 
====Russia====
 
====Russia====
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====South Korea====
 
====South Korea====
Section 4, article 25 states:<ref>[http://en.wikisource.org/wiki/Copyright_Act_of_South_Korea South Korean copyright law - teaching exemption under article 23]</ref>
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Section 6, article 23 states:<ref>[http://en.wikisource.org/wiki/Copyright_Act_of_South_Korea South Korean copyright law - teaching exemption under article 23]</ref>
  
<blockquote>Article 25(Use for the Purpose of School Education, etc.)
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<blockquote>(Use for Purpose of School Education)   (1) A work already made public may be reproduced in textbooks to the extent deemed necessary for the purpose of education at high schools, their equivalents or lower level schools.
*(1) A work already being made public may be reproduced in textbooks to the extent deemed necessary for the purpose of education at high schools, their equivalents or lower level schools.
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    (2) Educational institutions established by special Acts, or the Elementary and Secondary Education Act, or the Higher Education Act, or those operated by the State or local governments may perform publicly or broadcast or reproduce a work already made public to the extent deemed necessary for the purpose of education.[5]
*(2) Educational institutions established by special laws, the Elementary and Secondary Education Act, or the Higher Education Act or operated by the state or local government may reproduce, perform publicly, broadcast or conduct interactive transmission a part of a work already being made public to the extent deemed necessary for the purpose of class teaching. Provided that the use of the whole parts of a work is deemed inevitable in the light of the nature of a work, and the purpose and manner of its exploitation, etc., use of the whole parts of the work shall be permissible.
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    (3) A person who intends to exploit a work under paragraphs (1) and (2) shall pay the owner of authors' property rights compensation according to the criteria as determined by the Minister of Culture and Sports under the conditions as prescribed by the Presidential Decree, or shall deposit the same: Provided, That a public performance, broadcasting or reproduction of a work done under paragraph (2) at high schools, their equivalents or lower level schools is not obliged to pay a compensation.</blockquote>
*(3) It shall be permissible for a person who receives education in the educational institutions described in Paragraph (2) to reproduce or interactively transmit the work already being made public within the limit regulated in paragraph (2) to the extent deemed necessary for the purpose of class teaching.</blockquote>
 
 
 
=====Fines and sanctions in South Korea=====
 
 
 
It seems that those living in South Korea would be well advised to take notice of copyright restrictions as they are backed up by the criminal law with swinging punishments.  The extensive "PENAL PROVISIONS" section begins at article 136:
 
 
 
<blockquote>(Crime of Infringement on Rights) Any person, who infringes upon authors' property rights or other property rights protected pursuant to this Act (excluding the rights under the provision of Article 93) by means of reproduction, public performance, communication to the public, exhibition, distribution, rental or production of a derivative work, may be punished by imprisonment for not more than five years or a fine of not more than fifty million won, or both.</blockquote>
 
 
 
It then continues in a similar vein for several more paragraphs.  It is also interesting to note that on-line service providers need to take care in South Korea.  Article 104 states:
 
 
 
<blockquote> Liability, etc. of Special Types of Online Service Providers) (1) Online service providers whose main purpose is to enable different people to interactively transmit works, etc. among themselves by using computers, etc. (hereinafter referred as "special types of online service providers") shall take necessary measures such as technological measures intercepting illegal interactive transmission of works, etc. upon the requests of rights holders.</blockquote>
 
 
 
And under PENAL PROVISIONS: Article 142 states:
 
 
 
<blockquote>(Fine for Negligence) (1) A person who fails to take necessary measures pursuant to Article 104 shall be punished by a fine for negligence not exceeding thirty million won anyone who fails to fulfil his obligations under Article 106 or who fails to abide by order of the Minister of Culture and Tourism under Paragraph (4) of Article 133 shall be punished by a fine for negligence not exceeding ten million won.</blockquote>
 
  
 
====China====
 
====China====
Chapter 2, Section 4, Article 22 of [[China | Chinese]] law states:<ref>[http://en.wikisource.org/wiki/Copyright_Law_of_the_People%27s_Republic_of_China Chinese copyright law - teaching exemption under Chapter 2, Section 4, Article 22.]</ref>
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Chapter 2, Section 4, Article 22 states:<ref>[http://en.wikisource.org/wiki/Copyright_Law_of_the_People%27s_Republic_of_China Chinese copyright law - teaching exemption under Chapter 2, Section 4, Article 22.]</ref>
  
 
<blockquote>In the following cases, a work may be exploited without permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work shall be mentioned and the other rights enjoyed by the copyright owner by virtue of this Law shall not be prejudiced:..... (6) translation, or reproduction in a small quantity of copies, of a published work for use by teachers or scientific researchers, in classroom teaching or scientific research, provided that the translation or reproduction shall not be published or distributed.</blockquote>
 
<blockquote>In the following cases, a work may be exploited without permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work shall be mentioned and the other rights enjoyed by the copyright owner by virtue of this Law shall not be prejudiced:..... (6) translation, or reproduction in a small quantity of copies, of a published work for use by teachers or scientific researchers, in classroom teaching or scientific research, provided that the translation or reproduction shall not be published or distributed.</blockquote>
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====Thailand====  
 
====Thailand====  
Section 30 of the [[Thailand | Thai]] code provides:<ref>[http://tla.tiac.or.th/ifla/Ifla99_21.htm Thai copyright code - see section 30]</ref>
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Section 30 of the Thai code provides:<ref>[http://tla.tiac.or.th/ifla/Ifla99_21.htm Thai copyright code - see section 30]</ref>
  
 
<blockquote> that is an act done in relation to the copyrighted work of another person by virtue of this Act shall not constitute an infringement of copyright, if done as follows: 1. research or study of the work, which is not done for making profit;...  6. reproduction, adaptation, exhibition or making available by a teacher for teaching, which is not done for making profit; 7. reproduction or adaptation of a part of such work, or abridging or making a summary by a teacher or educational institution for distributing or selling to students in the class or in an educational institution, provided that is not done for making profit; 8. utilization of the work as a part of the examination questions and answers.</blockquote>
 
<blockquote> that is an act done in relation to the copyrighted work of another person by virtue of this Act shall not constitute an infringement of copyright, if done as follows: 1. research or study of the work, which is not done for making profit;...  6. reproduction, adaptation, exhibition or making available by a teacher for teaching, which is not done for making profit; 7. reproduction or adaptation of a part of such work, or abridging or making a summary by a teacher or educational institution for distributing or selling to students in the class or in an educational institution, provided that is not done for making profit; 8. utilization of the work as a part of the examination questions and answers.</blockquote>
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This wiki assumes that such copyright-ignoring teachers are in the minority and that the majority of teachers will scrupulously follow the local law.
 
This wiki assumes that such copyright-ignoring teachers are in the minority and that the majority of teachers will scrupulously follow the local law.
 
==See also==
 
[[Teflpedia:Copyright | Teflpedia's own copyright statement]]
 
  
 
==References==
 
==References==
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*[http://www.uoc.edu/in3/dt/eng/20418/20418.pdf Quite technical article from a European perspective]
 
*[http://www.uoc.edu/in3/dt/eng/20418/20418.pdf Quite technical article from a European perspective]
  
[[Category:Teaching English]]
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[[category:legislation]]

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