Presentation of Group (2),Fundamental Course on Intellectual Property Rights arranged by BIZLAW Consult Mandalay, 17th July,2011 to 31st July,2011,Mandalay,Myanmar.

1. COPYRIGHT BIZLAW COUNSULT Presented by Group II Mandalay, Myanmar

3. What is Copyright? Literary - Dramatic Musical Artistic Work Software This presentation is referenced by BIZLAW CONSULTANT ,Mandalay.

4. Our Country This presentation is referenced by BIZLAW CONSULT ,Mandalay.

5. This presentation is referenced by BIZLAW CONSULT,Mandalay.

6. This presentation is referenced by BIZLAW CONSULT,Mandalay.

7. Only Expression! This presentation is referenced by BIZLAW CONSULT,Mandalay.

8. Copyright in Myanmar? Yes (or) No 1914,Myanmar Copyright Act This presentation is referenced by BIZLAW CONSULT,Mandalay.

9. Infringements Offer Distribution Exhibition Imports Not permission of the owner This presentation is referenced by BIZLAW CONSULT ,Mandalay.

10. Any Exception? Criticism Teaching Reporting Commentary Scholarship Research This presentation is referenced by BIZLAW CONSULT,Mandalay.

11. Term And Rights of Copyright Life 50years transfer owner Other person Agreement This presentation is referenced by BIZLAW CONSULT,Mandalay.

12. Penalities Damages Civil Action Injunction Interdict Account This presentation is referenced by BIZLAW CONSULT,Mandalay.

13. Example Case MaungNyiPu Vs East End Films Civil Regular Suit No 206 of 1937:1939 Rangoon Law Reports, Original (Civil), held on 21st February 1938, before the High Court Mr.JusticeBraund. This presentation is referenced by BIZLAW CONSULT, Mandalay.

14. Constitution…2008 Shall permit citizens right of private property, right of inheritance, right of private initiative and patent in accordance with the law. This presentation is referenced by BIZLAW CONSULT ,Mandalay.

15. Why should we know the copyright? Development of International Commerce Protection of intellectual Property Technological Production Technology Transfer Educational Artistic Employment Opportunities This presentation is referenced by BIZLAW CONSULT, Mandalay.

16. Myanmar & International Organizations WIPO WTO AFTA AEC This presentation is referenced by BIZLAW CONSULT ,Mandalay.

17. Hope to 2013…July!!!! Why hope? This presentation is referenced by BIZLAW CONSULT,Mandalay.

18. Let’s Protect! This presentation is referenced by BIZLAW CONSULT ,Mandalay.

19. Thanks to ALL

20. Restrictions to Fair Use There are four restrictions that must be considered when you deal with Fair Use laws: Purpose and Character of use Nature of copyright work itself Amount or percentage of use Effect of the use on the market value of the material

21. Click here to view a video that explains the restrictions to Fair Use. http://www.youtube.com/watch?v=w-fDtYUdpCU Note: Unfortunately, the websites listed in the video are no longer active but the information given is still valid and accurate.

22. So…let’s review… If the answer is yes to this question, you cannot use the material under Fair Use Laws. Are you using it for profit? Purpose and Character of use Are you using it to promote a service? Are you using it for entertainment or reward? Are you using it for educational purposes? If the answer to this question is yes, you can use the material under Fair Use Laws. Are you using it to teach content?

23. So…let’s review… If the answer is yes to this question, you cannot use the material under Fair Use Laws. Is the material normally something that students would have to purchase? Nature of Copyrighted work Is the material a consumable like a workbook? Does material require a subscription for use? Is the material readily available? If the answer to this question is yes, you can use the material under Fair Use Laws. Is the material intended for commercial use?

24. So…let’s review… Does the amount used effect the the resale value of the material? In other words, does the amount of material you used effect the copyright holder negatively? If the answer is yes to this question, you cannot use the material under Fair Use Laws. Amount of percentage used If the answer to this question is yes, you can use the material under Fair Use Laws. Does the amount used meet the requirements agreed to by copyright holders? (see regulations chart )

25. So…let’s review… Will using the material make the copyright holder lose profit? If the answer is yes to this question, you cannot use the material under Fair Use Laws. Effect of the use on the market value Will using the material effect the retail distribution of the material? Example, if you scan material and place it on a server, the material is not being individually purchased. If the answer to this question is yes, you can use the material under Fair Use Laws. Is the material intended for commercial use?

26. Copyright resource chart Click on the link to access a resource chart that will give you more specifics about what you can do under the Fair Use Laws. http://www.halldavidson.net/copyrightTEACH.pdf Reprint, copy, and distribute the chart as needed!

27. Using web 2.0 technologies and Fair use. As you can see, fair use laws were primarily designed to help teachers with their instruction within a wall to wall regular classroom setting. But…the rules change when it comes to using material from the Internet.

28. The problem with using the Internet and web 2.0 technology Under the law, the Internet is not an instructional environment. So, there are some restrictions you need to be aware of when using Internet resources for instruction.

29. What you can do….

30. What you can’t do…

31. But what about distance learning or online programs? The TEACH act of 2002(Technology Education and Copyright Harmonization act), expanded the rights of teachers to use copyrighted materials for distance education. Students can access the materials from home.

32. Restrictions to the TEACH Act: Your school has to be an accredited, non-profit school. Material has to be legally acquired. Material must only be accessible to students in the class(password protected.) Material has to be for mediated instruction like materials you would use for a classroom.(can’t be extra credit) Material cannot be on the web indefinitely.

33. Restrictions cont. Material used must not be material that a student would normally purchase. Ex. You can’t scan and upload a text book so that students don’t have to buy the textbook. Your educational institution has to have a copyright policy in place in order to qualify for the Fair use exceptions for distance education.

34. References Davidson, H. (Producer). (2008). Copyright for educators - fair use episode 3 part 2 [Web]. Retrieved http://www.youtube.com/watch?v=w- fDtYUdpCU Davidson, H(Producer). (2008) Copyright for educators-Internet and web episode 4 part 1 [Web]. Retrieved http://www.youtube.com/watch?v=BKAS hGe7u4g

35. References cont. Davidson, H(Producer). (2008) Copyright for educators-Internet and web episode 4 part 2 [Web]. Retrieved http://www.youtube.com/watch?v=HQ Hc18Li9EU Pottenger ,S(Producer). (2008) Copyright 101: for teachers[Web]. Retrieved http://www.youtube.com/watch?v=rzlry1c76nc