Copyright By: Emily Adell

Fair Use The Four Factors to Determine Fairness: 1) The purpose and character of the use 2) The nature of the copyrighted work 3) The amount used compared to the whole 4) The effect of the use among the potential market. 4) The effect of the use among the potential market.

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

Multimedia Fair Use Students and teachers may use other works when it comes to multimedia Students and teachers may use other works when it comes to multimedia Can combine into their own Can combine into their own Can display and perform the work Can display and perform the work This can be done for -class assignments -Curriculum materials -remote instruction -examinations -student portfolios -professional symposia

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

Penalty for Copyright Infringement Two forms of Copyright Infringement: Two forms of Copyright Infringement: Civil Penalty Civil Penalty Criminal Penalty Criminal Penalty

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

Criminal Penalty Not very common Not very common People charged with wholesale pirating (reproducing copyright materials) such as CD’s and DVD’s on a large commercial scale. People charged with wholesale pirating (reproducing copyright materials) such as CD’s and DVD’s on a large commercial scale. If convicted you could face up to five years in prison or a $250,000 fine. If convicted you could face up to five years in prison or a $250,000 fine.

Film in the Classroom Teachers are protected by Section 110(1) of Title 17 of the United States Code Teachers are protected by Section 110(1) of Title 17 of the United States Code So long as: So long as: The film is presented by a teacher, substitute, or used by student The film is presented by a teacher, substitute, or used by student Must be public school or non-profit education Must be public school or non-profit education Must be in classroom or other educational environment Must be in classroom or other educational environment

Music Using music is legal but be sure to: Using music is legal but be sure to: Limit the use Limit the use Cite the piece Cite the piece Only keep on class copy Only keep on class copy Only for educational use Only for educational use

Recording Guidelines Things to do so you don’t infringe: Things to do so you don’t infringe: Ask the school if you can record and use it Ask the school if you can record and use it Recording can be shown only 10 days after it was made only in a classroom or educational environment Recording can be shown only 10 days after it was made only in a classroom or educational environment Recording may not be altered Recording may not be altered Only programs broadcast to the general public may be recorded Only programs broadcast to the general public may be recorded

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

You May Need Permission The Copyright Clearance Center (CCC) is a way to gain permission to use other people’s work. The Copyright Clearance Center (CCC) is a way to gain permission to use other people’s work. You can gain a license or create a copyright policy. You can gain a license or create a copyright policy.