PENALTY FOR COPYRIGHT INFRINGEMENT FAIR USE CLAUSE USE OF MULTIMEDIA IN THE CLASSROOM CONDITIONS FOR USING SOMEONE ELSE’S WORDS CONDITIONS FOR USING ANOTHER’S MUSICAL SCORE GUIDELINES FOR USING FILM IN THE CLASSROOM TAPING OFF THE TV FOR USE IN THE CLASSROOM CREATING YOUR WEBSITE GETTING PERMISSION TO USE ITEMS IN YOUR CLASSROOM

Compensation may include damages, such as lost profits from the infringing activity, or statutory damages ranging from $250 to $150,000 for each infringing copy if the court feels the infringement was committed on purpose. You may be criminally liable if you willfully copy a work for financial gain, or If the work has a value of more than $1,000. Penalties can include

Teachers Students News Judicial Proceedings Conditions for Fair Use the purpose and character of use; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or the value of the copyrighted work. Fair use is a legal concept that allows the reproduction of copyrighted material for certain purposes without obtaining permission and without paying a fee or royalty.

Educators and students must credit sources, giving full bibliographic information when available Educators and students must display the copyright notice and copyright ownership information if it this is shown in the original source Copyright information for images may be shown in a separate.section unless the presentation is being used for distance learning. In this case, the information must be incorporated within the image itself

Using Someone Else’s Words ALWAYS DO THE FOLLOWING: Use quotation marks or indented block of single-spaced text, and Include complete bibliographical citation (e.g., author’s name, title of work, URL, etc.) to the source of the work.

CONDITIONS FOR USING ANOTHER’S MUSICAL SCORE A music instructor can make copies of excerpts of sheet music or other printed works, provided that the excerpts do not constitute a “performable unit,” such as a whole song, section, movement or aria. In no case can more than 10%of the whole work be copied and the number of copies cannot exceed one copy per pupil. Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted. A single copy of a sound recording owned by an educational institution or an individual teacher of copyrighted music may be made for the purpose of constructing aural examinations or examinations, and the educational institution or individual teacher can keep a copy.

GUIDELINES FOR USING FILM IN THE CLASSROOM The Copyright Act contains specific exceptions for the performance of works such as films in the classroom. The exception applies to the showing of an entire film and clips from one or several sources. There are three limitations. 1.This exception only applies to face-to-face teaching activities, not distance learning. The exceptions that apply to distance education are found in the TEACH Act, and the fair use privilege. 2.It applies only to the showing of films in physical classrooms or similar places devoted to instruction, and not in a remote location. 3.The exception does not apply when the instructor knowingly shows an unlawful copy of a film.

TAPING OFF THE TV FOR USE IN THE CLASSROOM Nonprofit educational institutions can record television programs transmitted by network and cable stations. The institution can keep the tape for 45 days, but can only use it for instructional purposes during the first 10 of the 45 days. After the first 10 days, the video presentation can be used for teacher evaluation purposes. If a teacher wants to include it within the curriculum, they must obtain permission from the copyright owner. After 45 days the recording must be erased or destroyed.

GETTING PERMISSION TO USE ITEMS IN YOUR CLASSROOM If you know who the copyright owner is, you may contact the owner directly. If you are not certain who the owner is you may request a search by the Copyright Office to conduct a search of its records, or you may search yourself. A search of registrations made prior to 1978 requires a manual search and there is a fee for that service. There is no fee if you conduct the search in person at the Copyright Office. Registrations made from 1978 to the present are available for searching online.

CREATING YOUR WEBSITE 5 Simple Rules 1.Assume it is protected. 2.Read Click to Accept Agreements (Click-Wrap Agreements). 3.Remove unauthorized material. 4.Investigate claims about unauthorized use promptly. 5.When in doubt seek permission. The Digital Millennium Copyright Act Establishes that an Internet Service Provider (ISP) can avoid liability by following certain rules, including speedy removal of unauthorized material.