Do You Know How to Protect Yourself from Copyright Penalties in the Classroom?

If Not, You Could Be Fined or Even Go to JAIL! For civil penalties, you may have to pay damages anywhere from $750 - $30,000 per work infringed or even up to $150,000 for “willful” infringement. For criminal penalties, you could go to jail for up to 5 years and pay up to $250,000 per offense. You could also have to pay attorney fees and other costs of the owner.

BE AWARE OF “FAIR USE”!!! Fair use means that the public may use certain portions of copyrighted material may be used without permission from the owner. Examples of fair use would be when you use portions of material to comment on, criticize, or parody. Fair use applies to everyone. WHERE TO BEGIN?

Four conditions for deciding fair use. The purpose and character of your use. The nature of the copyrighted work. The amount and substantiality of the portion taken. The effect of the use upon the potential market.

What if I Want to Make a Multimedia Presentation? Students and teachers may use portions of copyrighted materials to create educational multimedia projects for a specific course or teaching tool. Teachers may use the multimedia they created for up to two years before seeking permission for all copyrighted parts. Up to 10% or 3 minutes, whichever is less, of a copyrighted motion media work can be used. Up to 10% or 2500 cell entries, whichever is less, from a copyrighted database can be used. No more than 5 images from an artist can be used or no more than 10% or 15 images, whichever is less, of a published collection can be used. Up to 10%, but no more than 30 seconds of any musical work can be used. Always credit all your sources and display the copyright notice!

What if I Want to Use Someone Else’s Music or Words? Music You must get permission from the owner unless you are only making one copy per student of no more than 10% of the score for class study. The 10% cannot be a single performable unit. No more than 30 seconds can be played. No alterations to the music can be made that change the melody or fundamental character. Words If you use or even paraphrase someone else’s words than you must always give them credit through using a bibliographic citation and indicate that you are quoting from them.

What if I Want to Use Film or Tape a TV Show for my Class? Film If the film is used for teaching and a lawful copy, then you do not need to get permission, but if it is for entertainment purposes, you would need to get clearance or a license to show it. Tape a TV Show If you want to record a TV program and use it in the classroom, it must be used for educational purposes. Ask the school to record it. It has to be viewed within 10 days and destroyed no later than 45 days after it was recorded. This only applies to public television and not for cable TV shows. Do not alter it in any way.

What About a Website I Create? If creating content on a website, be careful to obtain permission for any material you are using that is not your own. It is also important to remember that all of your original content, be it videos, images, or words is also automatically copyrighted by law without filing. However, you may always file to protect yourself in federal court if you are concerned about any infringement issues.

How Can I Get Permission to Use Copyrighted Items in my Class? To use copyrighted items in your classroom, you will need to get permission from the owner. You may also check the Copyright Clearance Center at

Websites Used for this Presentation Images from Microsoft