Copyright How Should You Handle it?

Copyright Infringement Penalties are harsh! Courts can award up to $150,000 for each willful (you know you did it) act of infringement. I didn’t know…still an issue. Courts can still find you guilty but the cost for damages might be lowered. Just don’t do it! Do your research and gather facts!

Fair Use Copied material can be used if for a limited purpose, like to criticize or parody copyrighted material. Fair use is a defense against infringement.

Fair Use Conditions Always ask yourself: How are you going to use the work? What is the nature of the work to be used? Will you publish your work? Are you using facts? How much of the work are you going to use? Smaller the amount better chances of fair use. If your work was widespread what kind of effect would it have on the market for the original work? If the use wasn’t fair, did the owner lose money? If it was fair then the owner can’t lose money over it.

Multimedia in the Classroom Time Limitations- educational purposes allowed up to 2 years any time after that permission must be sought. Portion Limitations- be sure to check the guidelines on time limits. Different types of media have different restrictions Illustrations and Photographs-an image may be used in its entirety but no more than 5 images by one artist may be used. Numerical Data Sets- Up to 10% or 2500 fields or cell entries may be used, whichever is less. Copying and distribution limitations-limited number of copies can be made, including the original. No more than 2 copies may be made and one placed on reserve. An additional copy can be made for preservation only.

Someone Else’s Words Text material can be used for up to 10% or 1000 words, whichever is less. Copies can be made one copy per student, but cannot replace a textbook or workbook.

Music in the Classroom Music, lyrics and music videos are easy to use in a classroom setting. But only 10% and in no event more than 30 seconds of music and lyrics from an individual music work may be used. Works can be simplified but not altered.

Film Motion media is allowed but only 10% or 3 minutes of time is allowed to be shared, whichever is less.

Television Educational institutions can record a TV program by a network and keep it for 45 days. 10 out of 45 days maybe shown in the classroom. Remaining days is for teacher evaluation. Can it be used in the curriculum? If yes, permission must be obtained to use. After 45 days the tape must be erased or destroyed.

Permission Need to receive permission before using an item in the classroom? Visit and create an account. You can search for and obtain permission to use items in your classroom right away.

Website Posting Always assume that the work is protected. Do not assume that materials are “royalty-free” or “copyright free” always read the click-wrap agreements. Remove Unauthorized Material. If complaints are made offensive material should be removed. Investigate Claims Promptly. If you receive a complaint for unauthorized use, investigate it quickly and seek evidence of ownership. If there is any doubt about the use of materials or works seek permission. It’s better to receive permission than to have a case of infringement against you.

References US Copyright office. Retrieved from Standford University: Copyright and Fair Use. Retrieved from Copyright Clearance Center. Retrieved from Templeton, B. (October 2008 revision). 10 Big Myths About Copyright. Retrieved from University of Texas Copyright Site. Retrieved from Fair Use and the Electronic Age. Retrieved from