Copyright Laws are Serious! As Teachers We Must Be Aware By: Amy Wethington

The Legal penalties for copyright infringement --Possible fines range from $750 to $30,000 per infringement. --If it is proven that it was done by willful intent, the fine could be raised to $150, Willful infringement for private or commercial gain can be fined up to $250,000 and up to five years in prison. Copyright © Pearson Education, Inc. All rights reserved.

Fair Use Clause a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders.doctrine Who is included? Definition: Teachers and Students. Also: Critics, Reporters, Researchers, Etc. Copyright © Pearson Education, Inc. All rights reserved.

Conditions for Deciding Fair Use Purpose and character of the use, including whether such use is for nonprofit educational purposes rather than of commercial nature. Nature of copyrighted work. Amount and substantiality of the portion used in relation to the copyrighted work as a whole. Effect of the use on the potential market for or value of the copyrighted work. Copyright © Pearson Education, Inc. All rights reserved.

When using multimedia in the classroom, consider.. The nature of the work in general, and its audience is not predominately the educational community. The character of use is nonprofit. The amount copied is minimal. There is no intent to replace the original, only to make it more useful to students in conjunction with the copyrighted words. Copyright © Pearson Education, Inc. All rights reserved.

The Conditions for Using Someone Else’s Words.. You must site your source. Even if you change some of the words, you must site a source because you are borrowing ideas. Copyright © Pearson Education, Inc. All rights reserved.

The Conditions for Using a Another’s Musical Score.. For academic uses other than performances, teachers and students are allowed to make copies of up to 10 percent of a musical work. Single copies of a recording of student performances may be made for rehearsal purposes or evaluation. Single copies of a recording, such as a CD, of copyrighted music may be made from a recording owned by a school or teacher for the purpose of constructing aural exercises or assessments. Copyright © Pearson Education, Inc. All rights reserved.

Guidelines for Using Film in the Classroom.. The transmission is an integral part of a systematic, ongoing instructional activity mediated by an instructor. The transmission is directly related to and of material assistance in the teaching of content. The transmission is solely for and limited to students official enrolled in the course. The teacher informs students that materials used may be subject to copyright protection. The institution employs measures to prevent retention of the materials in accessible form by the students for linger than the duration of the course. The institution employs measures that limit the transmission of the material to students enrolled in the course and precludes unauthorized student retention and/or redistribution to the extent technologically feasible. In order to facilitate digital transmissions, the TEACH Act permits scanning of some materials, but only if the material is not already available in digital format. Copyright © Pearson Education, Inc. All rights reserved.

If Taping Something on TV to Use in the Classroom.. A classroom teacher who wants a particular program taped should ask the school to record it. The recording may be shown only during the first ten consecutive school days after it is made, and only in a classroom or similar place devoted to instruction. A recording may be shown to several classes if appropriate. A limited number of copies may be made from each off-air recording. Each copy is subject to all the provisions governing the original recording. The recording may not be altered in any way. For example, recordings may not be edited to create an anthology or compilation. After the ten-day classroom use period expires, the recording may be used only for evaluation -- that is, to determine whether it should be bought or licensed for permanent inclusion in the teaching curriculum. Not later than 45 calendar days after the material was recorded, it must be destroyed. Only programs broadcast to the general public may be recorded. This includes all programs broadcast to homes and schools. The guidelines do not apply to programs available only from cable television services such as Showtime, HBO, The Disney Channel, C-Span,and ESPN. Copyright © Pearson Education, Inc. All rights reserved.

To get permission, ask the creator, and remember.. Be as specific as possible. Remember the fees for reproduction of copyrighted materials are sometimes negotiable. If for any reason you decide to not use the requested material, make this fact known to the publisher or producer. Keep copies of all of your correspondence and relevance. Another solution is to obtain “royalty free” collections of media. Copyright © Pearson Education, Inc. All rights reserved.

When Posting Items to a Website, Remember.. Remember that the information you posted is now public knowledge; anyone can view the document. If you post your work on the internet, it is copyrighted. Copyright © Pearson Education, Inc. All rights reserved.