COPYRIGHT © By: Meredith O’Rourke

Penalty for Copyright Infringement There are 2 forms: -Civil Penalty - Criminal Penalty

Civil Penalty Include actual losses sustained by the copyright owner as a result of infringement. The copyright owner can obtain damages above and beyond actual damages with attorney fees in a copyright infringement case.

Criminal Penalty Criminal prosecutions are not too common. People charged with wholesale pirating (reproducing copyright materials) such as Cd’s and DVD’s on a large commercial scale. If you were convicted you could face up to 5 years in prison or a $250,000 fine.

Fair Use The public is entitled to feely use portions of copyrighted materials for purposes of commentary and criticism. The factors are weighed in each case to determine whether a use qualifies as a fair use. Teachers are included in the clause for fair use and educational purposes.

Conditions for Fair Use The use is deemed acceptable under the terms of fair dealing. The quoted material is justified and no more than necessary is included. The source of quoted material is mentioned, along with the name of the author.

Multimedia Fair Use Teachers- May use multimedia to: -create multimedia curriculum materials. - to teach remote classes where access and total number of students is limited. Students- Can incorporate others’ work into their multimedia creations and perform and display them for academic assignments.

Use of Others’ Work Words- 10% or 1,000 words whichever is less. Musical Score- up to 10% or 30 seconds.

Film in the Classroom Teachers may use - Videotapes and DVD’s (purchased or rented) - Laser Discs without restriction in length, percentage, or multiple use.

Recording Guidelines “Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes.” Things to do so you don’t infringe: - Ask the school if you can record and use it. - Recording can be shown only 10 days after it was made and only in a classroom or similar place devoted to instruction. - Recording may not be altered. - Only programs broadcast to the general public may be recorded.

Permission for Recording If it is not under Fair Use permission must be obtained by copyright owner. To get in touch with the copyright owner you could send a written request for permission to use their work in your classroom. If you can not get in touch with the copyright owner you could consult others as needed.

Posting Items to Website On the net/WWW you must link rather than put it up on your own page.