Intellectual Property 104: 9 Reasons Why I Can't Use Copyrighted Materials for Tutoring

Tutoring has grown into one of the most important service industry. Traditional school coaching is no longer sufficient to survive the cut throat competition of the world. An edge is essential to fare better and most students resort to tutors to help them gain the edge. This has lead to the mushrooming of tutors-both online and offline.

              Now a student has the luxury to choose from a spectrum of tutors. The presence of a large number of tutors has brought in the competition among the tutors. All tutors look for resources that will make them a better tutor. One common domain where everyone looks is the World Wide Web. But one just cannot use videos or articles in these sites. One has to be aware of the source and any copyright associated with its usage.

              Use of copyrighted materials in tutoring is completely discouraged as the law does not spare even if you were unaware of the consequences. Thus, it is necessary to know the punishments associated with the usage of copyrighted materials in tutoring.

Here are nine reasons that tell you why you should avoid the usage of copyrighted materials in tutoring:

1.      The main reason-illegal usage of copyrighted materials is punishable by a fine or imprisonment and sometimes even both.

2.    You cannot plead innocence.

3.    Many people will have to bear the brunt of copyright infringement. The tutor, the board of the tutoring agency and even the technician can be punished after gauging their level of involvement.

4.    It is also illegal to make a copy of the video you purchased in the store. But you can play a video that you rented from the store if it has Public Performance Rights (PPR).

5.     Use of copyrighted materials by students can also land the tutor in trouble. Thus you must teach your students to be careful when choosing content in the web.

6.    It is very easy to exploit ‘fair use’ and this will land you in trouble.

7.     Use of copyrighted materials in tutoring can sometimes be considered as ‘profitable usage’ and it is illegal.

8.    You can also not transfer copyrighted video to another country where you have a student as it is illegal.

9.    Prosecution due to copyright infringement could mar your reputation as a tutor.

Due to all these reasons it is logical to avoid the use of copyrighted materials in tutoring. You have spent so much time building your tutoring practice so it’s in your best interest to check out what is allowed and not allowed when using copyright material.

Also, if you have created your own content, you need to protect yourself and your tutoring business and file a copyright claim. It takes about 10-15 minutes.

For more information on U.S. Copyright Laws, please visit the following website: http://www.copyright.gov/

IP 105: What does “Work for Hire” mean?

          ‘Work for Hire’ or ‘Work made for Hire’ is the concept which does not recognize the creator of a work as the legal author of the work. As per the copyright law of the United States, the work created by ‘work for hire’ is the property of the employer rather than the employee who created it. The employer is considered as the legal author of the work and it is sometimes referred as ‘corporate authorship’.

         It is entirely the decision of the employer to give credit to its employee for the work. Some employers like Adobe Systems, gives credit to its developers who developed Photoshop while Microsoft chooses to take the credit as a whole for Windows Operating Systems. But according to the Berne Convention for the Protection of Literary and Artistic Works, employees of both Microsoft and Adobe Systems have moral rights.

       A similar system is seen in newspapers where writers are credited for their work and publishers credit the authors for their novels. But the copyright of the novel lies with the publisher. In case of journals, the publisher gets a ‘copyright transfer’ from the writer to transfer all author copyrights from the writer to the publisher. The moral right and right to distribute and use their articles in further work with permission of the publisher stay with the writer.

       All these apply to an employer-employee scenario. But a freelancer or independent contractor’s work can be considered ‘work for hire’ only under some conditions. One of the conditions is that the work must be exclusively ordered. A written agreement specifying the work as ‘work for hire’ must be signed by both the parties. It should also fall under the nine limited categories in the definition of ‘work for hire’.

       The arrangement of ‘work for hire’ can be understood considering the scenario of making a movie. A movie needs music, effects, scripts etc. but if the creators of these works deny the right to use it in the movie then the whole movie is jeopardized. Hence the producer of the movie makes sure that all non-employees comply with the ‘work for hire’ requirements.

       An author can give the copyright of his work to any hiring party. But if is not a work made for hire, then the heirs of the author can terminate the hiring party’s right over the work. They can do so only after 35 years after the grant of copyright. If the rights of publication are included then they can terminate the grant after 40 years.

      “Work for Hire” is a concept that has worked over the years for a lot of people. It is time to learn about this concept to prevent its misuse.

Below are four resources to help understand "Work for Hire":

http://www.copylaw.com/forms/Workhire.html

http://www.uwex.edu/ces/copyright/workforhire.pdf

http://www.creativebusiness.com/pdf_free/CBworkforhire.pdf

http://www.aw-wrdsmth.com/FAQ/work_for_hire.html