Copyright by Marco Olivares

What is the penalty for copyright infringement? The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail.

What does the term “fair use” mean and who is included in the fair use clause? Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission. A fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work.

What are the conditions for deciding fair use? The four factors judges consider are: the purpose and character of your use the nature of the copyrighted work the amount and substantiality of the portion taken, and the effect of the use upon the potential market.

When using multimedia in the classroom, what kinds of things need to be considered when determining whether copyright has been adhered to? Students may use portions of lawfully acquired copyrighted works in their academic multimedia projects, with proper credit and citations. Students and teachers must include on the opening screen of their programs and on any printed materials that their presentation has been prepared under fair use exemption of the U.S. Copyright Law and are restricted from further use. Fair use ends when the multimedia creator loses control of his product's use, such as when it is accessed by others over the Internet. Educators or students need not write for permission if their presentation falls within the specific multimedia fair use guidelines.

What are the conditions for using someone else’s words? Up to 10% of a copyrighted work or 1000 words, whichever is less Poems Entire poem if less than 250 words 250 words or less if longer poem No more than 5 poems (or excerpts) of different poets, from an anthology Only 3 poems (or excerpts) per poet

What are the conditions for using another’s musical score? Up to 10% of a copyrighted musical composition, but no more than 30 seconds Up to 10% of a body of sound recording, but no more than 30 seconds Any alterations cannot change the basic melody or the fundamental character of the work

What are the guidelines for using film in the classroom? Up to 10% of a copyrighted work or 3 minutes, whichever is less Clip cannot be altered in any way

How can you get permission to use items in your classroom? Getting permission can be difficult , but in some cases there are steps likely to yield results. The steps will vary depending on the type of work you need to use. If the work is part of a book or a journal article, check the Copyright Clearance Center ("CCC").

When items are posted to a website what should the creator be careful to consider?